Chapter 21.02
DEFINITIONS

Sections:

21.02.005    Generally.

21.02.010    Accessory.

21.02.011    Accessory dwelling unit.

21.02.012    Adult establishment(s).

21.02.013    Adult family home.

21.02.014    Adult retail use(s).

21.02.015    Alley.

21.02.020    Alteration.

21.02.025    Amendment.

21.02.030    Amusement center.

21.02.035    Antiques and antique shop.

21.02.040    Apartment hotel.

21.02.045    Apartment house.

21.02.046    Arterial, collector.

21.02.047    Arterial, minor.

21.02.048    Arterial, principal.

21.02.049    Assisted living facility.

21.02.055    Automobile, boat and trailer sales area.

21.02.070    Automobile wrecking.

21.02.075    Automobile wrecking yard.

21.02.077    Awning, nonrigid.

21.02.080    Basement.

21.02.081    Battery charging station.

21.02.082    Battery exchange station.

21.02.085    Billboard.

21.02.087    Biotechnology.

21.02.090    Block front.

21.02.100    Boarding, lodging, or rooming house.

21.02.105    Building area.

21.02.125    Building, enclosed.

21.02.130    Building code.

21.02.136    Building, office.

21.02.145    Building height.

21.02.150    Repealed.

21.02.155    Building, main.

21.02.171    Building, service.

21.02.175    Building site.

21.02.180    Bulk.

21.02.190    Business or commerce.

21.02.191    Business park and technical park.

21.02.192    Business services.

21.02.193    Business site.

21.02.194    Business site, individual.

21.02.195    Business site, multiple.

21.02.197    Carnival.

21.02.200    Carport.

21.02.205    Cellar.

21.02.208    Cemetery.

21.02.209    Charging levels.

21.02.211    Child day care.

21.02.212    Child day-care facility.

21.02.213    Child day-care center.

21.02.215    Children – Resident home.

21.02.220    Children – Institutions.

21.02.225    Church.

21.02.230    Circus.

21.02.232    City.

21.02.235    Clinic.

21.02.240    Club.

21.02.245    Commission.

21.02.246    Common areas.

21.02.247    Community development director.

21.02.250    Conditional use.

21.02.255    Conditional use permit.

21.02.257    Condominium.

21.02.260    Conforming use.

21.02.265    Conforming building.

21.02.266    Congregate care.

21.02.267    Convenience store.

21.02.268    Council, regularly scheduled meeting.

21.02.272    Repealed.

21.02.273    Repealed.

21.02.274    Development agreement.

21.02.275    Development agreement regulations.

21.02.276    Distribution center.

21.02.290    Dwelling.

21.02.295    Dwelling, types of.

21.02.300    Dwelling unit.

21.02.304    Electric vehicle.

21.02.308    Electric vehicle charging station.

21.02.312    Electric vehicle infrastructure.

21.02.316    Electric vehicle parking space.

21.02.318    Essential public facility.

21.02.320    Essential public facility, local.

21.02.322    Essential public facility, state and regional.

21.02.325    Family.

21.02.326    Family child care home.

21.02.327    Fast food eating establishment.

21.02.329    Fee simple unit lot subdivision.

21.02.330    Fence.

21.02.333    Festoon.

21.02.335    First permitted.

21.02.340    Floor area.

21.02.350    Floor area ratio.

21.02.355    Fraternity, sorority, or group student house.

21.02.357    Frontage, street.

21.02.358    Frontage, building.

21.02.360    Garage, parking.

21.02.365    Garage, private.

21.02.375    Gas station.

21.02.380    Grade, lot.

21.02.382    Green belt.

21.02.384    Gross leaseable area.

21.02.385    Hazardous waste.

21.02.386    Hazardous waste storage.

21.02.387    Hazardous waste treatment.

21.02.388    Heat pump.

21.02.390    Hedge.

21.02.395    Height of building.

21.02.400    Heliport.

21.02.405    Helistops.

21.02.415    Home occupation.

21.02.417    Homeowners’ association.

21.02.420    Hospital.

21.02.425    Hospital, mental (including hospitals for treatment of alcoholics).

21.02.430    Hospital or clinic, small animal.

21.02.435    Hotel.

21.02.441    Repealed.

21.02.442    Industrial park.

21.02.450    Junk yard.

21.02.455    Kennel.

21.02.460    Live/work unit.

21.02.465    Livestock.

21.02.475    Lodging house.

21.02.480    Lot.

21.02.485    Lot area and dimensions.

21.02.490    Lot coverage.

21.02.495    Lot lines.

21.02.500    Lot types.

21.02.501    Manufactured home.

21.02.502    Manufactured home development.

21.02.503    Marijuana.

21.02.504    Marijuana concentrates.

21.02.505    Marijuana-infused products.

21.02.506    Marijuana processing.

21.02.507    Marijuana producing or production.

21.02.508    Marijuana retailing or marijuana retailer.

21.02.509    Marijuana, usable.

21.02.510    Medical marijuana collective garden.

21.02.511    Marquee.

21.02.512    Mini-day-care program.

21.02.513    Mobile home.

21.02.514    Mobile home park.

21.02.515    Motel.

21.02.516    Motor hotel.

21.02.517    Municipal services.

21.02.518    Municipal shops.

21.02.519    Mural, decorative.

21.02.520    Nonconforming building or structure.

21.02.521    Nonconforming use.

21.02.525    Nursery school.

21.02.530    Repealed.

21.02.531    Occupiable space.

21.02.532    Office, on-site service.

21.02.533    On-site hazardous waste treatment and storage facility.

21.02.535    Open space, required.

21.02.537    Owner.

21.02.540    Repealed.

21.02.545    Parent lot.

21.02.550    Parking area, private.

21.02.555    Parking area, public.

21.02.556    Park and pool lots.

21.02.560    Parking space.

21.02.563    Parking, tandem.

21.02.564    Park trailer.

21.02.565    Person.

21.02.566    Personal service shop.

21.02.567    Pet grooming.

21.02.570    Pet shop.

21.02.575    Place.

21.02.576    Planned unit development.

21.02.577    Planning commission.

21.02.578    Premises.

21.02.580    Principal use.

21.02.585    Professional offices.

21.02.586    Professional services.

21.02.587    Private road.

21.02.589    Public entrance, primary.

21.02.590    Public utility facilities.

21.02.593    Rapid charging station.

21.02.595    Reclassification of property.

21.02.600    Reclassification of use.

21.02.605    Recorded.

21.02.609    Recreational area, active.

21.02.610    Recreational area or community club house, noncommercial.

21.02.612    Recreational vehicle – RV.

21.02.615    Recreational area, commercial.

21.02.617    Recycling collection center.

21.02.622    Refuse and recycling collection area.

21.02.624    Research and development.

21.02.625    Residence.

21.02.627    Respite care.

21.02.640    Sanitarium.

21.02.645    Schools, elementary, middle and high.

21.02.650    Screening.

21.02.655    Secondhand stores.

21.02.657    Secure community transition facility (SCTF).

21.02.658    Self-service storage facility.

21.02.659    Senior housing.

21.02.660    Service station, full.

21.02.661    Service station, self.

21.02.662    Setback.

21.02.663    Setback, building line.

21.02.664    Shipping container.

21.02.665    Shopping center.

21.02.666    Sign.

21.02.667    Sign, awning.

21.02.670    Sign, banner.

21.02.672    Sign, business.

21.02.674    Sign, construction.

21.02.676    Sign, electronic changing message.

21.02.678    Sign face.

21.02.679    Sign, feather.

21.02.680    Sign, freestanding.

21.02.682    Sign, ground.

21.02.685    Sign, incidental.

21.02.687    Sign, individual letter.

21.02.688    Sign, inflatable.

21.02.689    Sign, institution identification.

21.02.690    Sign, internal information.

21.02.692    Sign, nonconforming.

21.02.694    Sign, marquee.

21.02.695    Sign, monument.

21.02.697    Sign, mural.

21.02.698    Sign, off-premises.

21.02.700    Sign, on-premises.

21.02.702    Sign, pole.

21.02.704    Sign, political.

21.02.705    Sign, portable.

21.02.707    Sign, projecting.

21.02.708    Sign, readerboard.

21.02.710    Sign, real estate.

21.02.711    Sign, real estate open house or directional.

21.02.713    Sign, residential development identification.

21.02.715    Sign, roof.

21.02.716    Sign, sale of household goods.

21.02.718    Sign, wall.

21.02.720    Sign area.

21.02.722    Solar collector.

21.02.723    Solar energy system.

21.02.725    Solar greenhouse, attached.

21.02.726    Solar sunspace, attached.

21.02.728    Specialty retail center.

21.02.730    Specified sexual activities.

21.02.731    Specified anatomical areas.

21.02.733    Stand.

21.02.735    Story.

21.02.737    Street.

21.02.738    Street line.

21.02.740    Street, principal.

21.02.741    Street, side.

21.02.743    Structure.

21.02.744    Supervised drug consumption facilities.

21.02.745    Temporary special event.

21.02.746    Trade or business school.

21.02.748    Theater.

21.02.750    Theater, drive-in.

21.02.755    To place.

21.02.760    Townhouse.

21.02.765    Trailer park, trailer court, mobile home park and public trailer camp.

21.02.770    Unit lot.

21.02.775    Use.

21.02.780    Use or structure, accessory.

21.02.785    Use or structure, conditional.

21.02.795    Use or building, principal.

21.02.800    Variance.

21.02.803    Warehouse.

21.02.805    Wireless communications facility.

21.02.806    Wireless communications facility, attached.

21.02.807    Wireless communications support structure.

21.02.810    Wholesale store.

21.02.815    Yard.

21.02.820    Yards, types and measurements.

21.02.825    Yard, rear line of required front.

21.02.827    Zero lot line townhouse development.

21.02.830    Zone.

21.02.005 Generally.

For the purposes of this title, the following terms, phrases, words, and their derivations shall have the meaning given in this chapter. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV, 1964)

21.02.010 Accessory.

“Accessory” means a use, a building or structure, part of a building or other structure, which is subordinate to and the use of which is incidental to that of the main building, structure or use on the same lot, including a private garage. If an accessory building is attached to the main building by common wall or roof, such accessory building shall be considered a part of the main building. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 401, 1964)

21.02.011 Accessory dwelling unit.

An “accessory dwelling unit” (ADU) is a self-contained second residential unit that is subordinate to a primary single-family detached dwelling. The ADU provides a completely independent dwelling unit with facilities for cooking, eating, sanitation and sleeping. The ADU may be added to or created within the primary dwelling, it may be connected to the primary dwelling unit by the foundation, floor, walls, ceiling, and roof, or it may be a separate, detached building from the building containing the primary residence. (Ord. 3239 § 5, 2016; Ord. 2823 § 2, 2010; Ord. 2051 § 1, 1995)

21.02.012 Adult establishment(s).

“Adult establishment(s)” includes the businesses or facilities listed in this section which are further defined herein or elsewhere in the Lynnwood Municipal Code. If no definition appears in the Lynnwood Municipal Code, then usual and customary meanings shall apply.

A. “Adult cabaret” means a commercial establishment which presents go-go dancers, strippers, male or female impersonators, or similar entertainers and which excludes any person by virtue of age from all or any portion of the premises.

B. “Adult drive-in theatre” means a drive-in theatre where a substantial portion of the use is used for presenting motion picture films, video cassettes, cable television, or any other like visual media, distinguished or characterized by a predominant emphasis on matters depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” as defined in LMC 21.02.730 and 21.02.731.

C. “Adult motion picture theatre” means an enclosed building where a substantial portion of the use is used for presenting, for commercial purposes, motion picture films, video cassettes, cable television, or any other like visual media, distinguished or characterized by a predominant emphasis on matters depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” as defined in LMC 21.02.730 and 21.02.731, for observations by patrons therein.

D. Adult Entertainment and Adult Entertainment Premises. As defined in Chapter 5.50 LMC.

E. Public Bathhouses. As defined in LMC 5.51.010(A).

F. Panorams, Previews, Picture Arcades, and Peepshows. As defined in Chapter 5.62 LMC. (Ord. 2315 § 2, 2000; Ord. 2020 § 2, 1994; Ord. 1846 § 1, 1991; Ord. 1765 § 1, 1990; Ord. 1247 § 7(A), 1982).

21.02.013 Adult family home.

“Adult family home” means a regular abode of person(s) providing personal care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person(s) providing such services, and whose home is licensed by the state as an adult family home. The following list of residential facilities, which is not intended to be complete, are not included in this definition:

A. Nursing and convalescence homes.

B. Boarding, lodging or rooming houses.

C. Hospitals.

D. Mental hospitals or residential treatment centers for the mentally ill. (Ord. 2020 § 2, 1994; Ord. 1889 § 1, 1992)

21.02.014 Adult retail use(s).

“Adult retail use(s)” means a retail establishment which, for money or any other form of consideration, either: (a) has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing or use, off the premises, any adult-oriented merchandise; or (b) provides, as its substantial stock in trade, for the sale, exchange, rental, loan, trade, transfer, and/or provides for viewing or use, off the premises, any adult-oriented merchandise. “Adult retail use(s)” includes the businesses or facilities listed in this subsection, which are further defined herein or elsewhere in the Lynnwood Municipal Code. If no definition appears in the Lynnwood Municipal Code, then usual and customary meanings shall apply.

A. Adult-Oriented Merchandise. “Adult-oriented merchandise” means any goods, products, commodities or other wares, including but not limited to videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals or nonclothing novelties, which depict, describe or simulate specified anatomical areas or specified sexual activities.

B. Adult Retail Store. “Adult retail store” means a retail establishment in which:

1. A substantial portion of the “stock in trade” consists of items, products or equipment distinguished or characterized by a predominant emphasis on or simulation of “specified sexual activities” or “specified anatomical areas,” as defined in LMC 21.02.730 and 21.02.731; or

2. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where products or equipment distinguished or characterized by a predominant emphasis on or simulation of “specified sexual activities” or “specified anatomical areas,” as defined in LMC 21.02.730 and 21.02.731, are displayed or sold;

3. For the purposes of this subsection, “stock in trade” shall mean the greater of:

a. The retail dollar value of all items, products or equipment readily available for purchase, rental, viewing or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or

b. The total volume of shelf space and display area.

C. An adult retail store shall include, but is not limited to, adult bookstores and adult video stores:

1. Adult Bookstore. “Adult bookstore” means a retail establishment in which:

a. A substantial portion of the “stock in trade” consists of books, magazines, posters, pictures, periodicals or other printed material distinguished or characterized by a predominant emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas,” as defined in LMC 21.02.730 and 21.02.731; or

b. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where books, magazines, posters, pictures, or other printed material distinguished or characterized by a predominant emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas,” as defined in LMC 21.02.730 and 21.02.731, are displayed or sold;

c. For the purposes of this subsection, “stock in trade” shall mean the greater of:

i. The retail dollar value of all books, magazines, posters, pictures, periodicals or other printed material readily available for purchase, rental, viewing or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or

ii. The total volume of shelf space and display area.

2. Adult Video Store. “Adult video store” means a retail establishment in which:

a. A substantial portion of the “stock in trade” consists of pre-recorded video tapes, discs, or similar material distinguished or characterized by a predominant emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas,” as defined in LMC 21.02.730 and 21.02.731; or

b. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where pre-recorded video tapes, discs, or similar material distinguished or characterized by a predominant emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas,” as defined in LMC 21.02.730 and 21.02.731, are displayed or sold;

c. For the purposes of this subsection, “stock in trade” shall mean the greater of:

i. The retail dollar value of all pre-recorded video tapes, discs or similar material readily available for purchase, rental, viewing or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or

ii. The total number of titles of all pre-recorded video tapes, discs or similar material readily available for purchase, rental, viewing or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not regularly open to patrons. (Ord. 2315 § 1, 2000; Ord. 2020 § 2, 1994; Ord. 1847 § 1, 1991)

21.02.015 Alley.

“Alley” means any public space or thoroughfare 20 feet or less in width, but not less than 10 feet in width, which has been dedicated or deeded to the public for public travel and which affords secondary access to abutting property. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 401, 1964)

21.02.020 Alteration.

“Alteration,” as applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 401, 1964)

21.02.025 Amendment.

“Amendment” means a change in wording, context or substance of this title, adoption of the zoning map hereunder, a change in the zone boundaries upon zoning maps adopted hereunder, or the adoption of a planned unit development. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 401, 1964)

21.02.030 Amusement center.

See Chapter 5.60 LMC. (Ord. 2020 § 2, 1994)

21.02.035 Antiques and antique shop.

“Antiques” means any article which, because of age, rarity or historical significance, has a monetary value greater than the original value, or which has age recognized by the United States Government as entitling the article to an import duty less than that prescribed for contemporary merchandise. A store or shop selling only such articles or offering them for sale shall be considered as an antique shop or store, and not considered as a dealership handling used or secondhand merchandise. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 401, 1964)

21.02.040 Apartment hotel.

“Apartment hotel” means a building providing accommodations for transient guests in which at least 50 percent of the gross habitable floor area is devoted to dwelling units. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 401, 1964)

21.02.045 Apartment house.

“Apartment house” means a building or a portion of a building, designed for occupancy by three or more families living separately from each other and containing three or more dwelling units. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 401, 1964)

21.02.046 Arterial, collector.

“Collector arterial” means a street which collects and distributes traffic from higher type arterial streets to access streets or directly to traffic destinations and serves neighborhood traffic generators such as a store, a small group of stores, elementary school, church, clinic, or apartment area. (Ord. 2020 § 2, 1994; Ord. 1343 § 3, 1983)

21.02.047 Arterial, minor.

“Minor arterial” means a street which collects and distributes traffic from higher type arterial streets to less important streets or directly to traffic destinations and serves secondary traffic generators such as a community business center, school, community center, athletic field, neighborhood shopping center, major park, multiple residence area, concentration of offices or clinics, and traffic from neighborhood to neighborhood within a community. (Ord. 2020 § 2, 1994; Ord. 1343 § 3, 1983)

21.02.048 Arterial, principal.

“Principal arterial” means a street which expedites movement of traffic to major traffic generators such as to a central business district, regional and major community shopping center, commercial service district, college or university, military installation, and from community to community. It also collects and distributes traffic from freeways and expressways to less important arterial streets, or directly to traffic destinations. (Ord. 2020 § 2, 1994; Ord. 1343 § 3, 1983)

21.02.049 Assisted living facility.

“Assisted living facility,” also known as “assisted living residences,” “continuing care community” and “Alzheimer’s/dementia care facility,” means an establishment which provides full-time convalescent or chronic care or both for three or more individuals who are not related by blood or marriage to the operator or who, by reason of chronic illness or infirmity, are unable to care for themselves. Minor medical care may be provided at the facilities. A hospital or sanitarium shall not be construed to be included in this definition. This definition was formerly called “nursing or convalescent home.” (Ord. 3233 § 40, 2016)

21.02.055 Automobile, boat and trailer sales area.

“Automobile, boat and trailer sales area” means an open area, other than a street, used for the display, sale or rental of new or used automobiles, boats or trailers, and where no repair work is done except minor incidental repair of automobiles, boats or trailers to be displayed, sold or rented on the premises. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 401, 1964)

21.02.070 Automobile wrecking.

“Automobile wrecking” means any dismantling or wrecking of motor vehicles or trailers, or the storage or sale of dismantled or wrecked vehicles or their parts. (Ord. 2020 § 2, 1994; Ord. 1458 § 1, 1985; Ord. 190 Art. IV § 401, 1964)

21.02.075 Automobile wrecking yard.

“Automobile wrecking yard” means any premises devoted to automobile wrecking as the term is defined herein. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 401, 1964)

21.02.077 Awning, nonrigid.

“Nonrigid awning” means a space frame structure with a flexible fabric covering which serves as a shelter. Tents shall not be considered nonrigid awnings. (Ord. 2020 § 2, 1994; Ord. 1590 § 2, 1987)

21.02.080 Basement.

“Basement” means that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to floor below is less than the vertical distance from the grade to the ceiling. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 401, 1964)

21.02.081 Battery charging station.

“Battery charging station” means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. (Ord. 3047 § 1, 2014)

21.02.082 Battery exchange station.

“Battery exchange station” means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. (Ord. 3047 § 1, 2014)

21.02.085 Billboard.

See “Sign, advertising.” (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 402, 1964)

21.02.087 Biotechnology.

“Biotechnology” means a use that uses living organisms or parts of organisms to make/modify products, modify plants or animals, or develop microorganisms for specific use. Uses that would meet this definition but have, as their primary purpose, the research and development of new products, services or intellectual property shall be classified as research and development uses. (Ord. 2490 § 2, 2004)

21.02.090 Block front.

“Block front” means the frontage of private property within a single zone and along one side of a street between intersecting or intercepting platted streets or between a platted street and a railroad right-of-way or a waterway provided such distance does not extend more than 300 feet of the mid-line of a lot. (Ord. 2020 § 2, 1994; Ord. 218, 1964; Ord. 190 Art. IV § 402, 1964)

21.02.100 Boarding, lodging, or rooming house.

“Boarding, lodging, or rooming house” means a building, other than a hotel, where meals and/or rooms or lodging are provided for compensation with two or more nontransient persons. (Ord. 2020 § 2, 1994; Ord. 1138 § 2, 1980; Ord. 190 Art. IV § 402, 1964)

21.02.105 Building area.

“Building area” means the aggregate of the maximum horizontal cross-sectional area of the main building on a lot, excluding cornices, eaves, gutters, or chimneys projecting not more than two feet, steps, one-story open porches, bay windows not extending through more than one-story and not projecting more than two feet, balconies and terraces. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 402, 1964)

21.02.125 Building, enclosed.

“Enclosed building” means a building enclosed on all sides with wall and roof and having no openings other than closeable, glazed windows and doors and vents. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 402, 1964)

21.02.130 Building code.

“Building code” means an ordinance regulating the excavation, erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings or structures in the city of Lynnwood; providing for the issuance of permits and collection of fees therefor; declaring and establishing fire districts and providing penalties for the violation thereof. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 402, 1964)

21.02.136 Building, office.

“Office building” means a building occupied primarily by clerical and administrative functions and/or professions. An office building may also be partially occupied by other activities incidental to the office use, if such incidental use is allowable within the respective zone. (Ord. 2020 § 2, 1994; Ord. 748 § 2, 1974)

21.02.145 Building height.

“Building height” means the vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 402, 1964)

21.02.150 Building line.

Repealed by Ord. 3243. (Ord. 3192 § 3, 2016; Ord. 2295 § 4, 2000; Ord. 2020 § 2, 1994; Ord. 1348 § 1, 1983; Ord. 190 Art. IV § 402, 1964)

21.02.155 Building, main.

“Main building” means the principal building or other structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted; where a permissible use involves more than one building or structure designed or used for the primary purpose, as in the case of group houses, each such permissible building or other structure on a lot or building site as defined by this title shall be construed as comprising a main building or structure. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 402, 1964)

21.02.171 Building, service.

“Service building,” as used in the light industrial zone, means any building other than one which is exclusively an office building as defined above, the service building being designed for and used for manufacturing, warehousing or any other uses permitted in the light industrial zone. (Ord. 2020 § 2, 1994; Ord. 748 § 2, 1974)

21.02.175 Building site.

“Building site” means that land assigned to:

A. A use;

B. A main building;

C. A main building and its accessory buildings; or

D. A group of buildings or uses which are developed, owned, and managed as an operating unit (e.g., shopping center, business park, multiple-family complex).

The term shall include the total area including all yards and open spaces required by this title whether the area so devoted is comprised of one lot, a combination of contiguous lots, or combination of contiguous lots and contiguous fractions of lots. The term shall not be used to define two or more contiguous lots or contiguous fractions of lots whose developmental coordination is limited to the provision of easements. (Ord. 2020 § 2, 1994; Ord. 1618 § 1, 1988; Ord. 1607 § 18, 1987; Ord. 190 Art. IV § 402, 1964)

21.02.180 Bulk.

“Bulk” means the size and location of buildings and structures in relation to the lot. Bulk regulations include maximum height of building, minimum lot area, minimum front, side and rear yard and maximum lot coverage. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 402, 1964)

21.02.190 Business or commerce.

“Business” or “commerce” means the purchase, sale, offering for sale or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit; or the management or occupancy of office buildings, offices, recreational or amusement enterprises; or the maintenance and use of buildings, offices, structures or premises by professions and trades or persons rendering services. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 402, 1964)

21.02.191 Business and technical park.

“Business and technical park” means a planned development of one or more buildings which displays unity and high aesthetic standards in architecture and in the choice of building materials, landscaping and other external features, and typically is occupied by several tenants, with emphasis on office uses, distribution, low intensity warehousing, and light fabrication and/or assembly. (Ord. 2947 § 2, 2012; Ord. 2020 § 2, 1994; Ord. 1465 § 1, 1985; Ord. 1036 § 1, 1979. Formerly 21.02.192)

21.02.192 Business services.

“Business services” means businesses primarily engaged in providing administrative support services to other businesses on a fee or contract basis, such as (but not limited to) advertising, mailing, copying, printing and binding; personnel and employment services; accounting, bookkeeping, tax preparation; management and professional consulting; office equipment rental, maintenance and repairs; travel agencies and similar services. Business services under this definition are characterized by their ability to locate in (and typically being found in) common office or retail space, and by not requiring physical facilities or configurations not ordinarily found in office or retail buildings, such as extensive storage or warehouse space, classrooms, laboratories, manufacturing space, special material handling facilities, etc. (Ord. 2947 § 3, 2012)

21.02.193 Business site.

“Business site” means a building site as defined by LMC 21.02.175. (Ord. 2020 § 2, 1994; Ord. 1618 § 2, 1988; Ord. 1116 § 7, 1980)

21.02.194 Business site, individual.

“Individual business site” means a business site with a single commercial tenant or occupant. (Ord. 2020 § 2, 1994; Ord. 1116 § 7, 1980)

21.02.195 Business site, multiple.

“Multiple business site” means a business site as defined by LMC 21.02.193, with two or more commercial tenants or occupants. (Ord. 2020 § 2, 1994; Ord. 1618 § 3, 1988; Ord. 1116 § 7, 1980)

21.02.197 Carnival.

“Carnival,” as set out in this title, shall be construed to mean every temporary use of a device, institution or assemblage of devices or institutions the purpose whereof is that of providing entertainment, amusement, sport, pastime or merriment for the patrons thereof, and shall include roller coaster, merry-go-round, swing, ferris wheel, games of shooting, throwing, pitching, phenomenal exhibitions and everything of like character. (Ord. 2020 § 2, 1994; Ord. 1240 § 1, 1982)

21.02.200 Carport.

“Carport” means a private garage which is open to the weather on at least 40 percent of the total area of its sides. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)

21.02.205 Cellar.

“Cellar” means that portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from the grade to the floor below is equal to or greater than the vertical distance from grade to the ceiling above. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)

21.02.208 Cemetery.

“Cemetery” means land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery. (Ord. 3047 § 1, 2014; Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964. Formerly 21.02.210)

21.02.209 Charging levels.

“Charging levels” means the standardized indicators of electrical force, or voltage, at which an electric vehicle’s battery is recharged. Levels 1, 2, and 3 are the most common EV charging levels, and include the following specifications:

A. Level 1 is slow charging. It requires a 15- or 20-amp breaker on a 120-volt AC circuit and standard outlet.

B. Level 2 is medium charging. It requires a 40-amp to 100-amp breaker on a 240-volt AC circuit.

C. Level 3 is fast or rapid charging. It requires a 60-amp or higher dedicated breaker on a 480-volt or higher three-phase circuit with special grounding equipment. (Ord. 3047 § 1, 2014)

21.02.211 Child day care.

“Child day care” means the provision of supplemental parental care and supervision for a nonrelated child or children, on a regular basis, for less than 24 hours a day, and under license by the Washington State Department of Social and Health Services.

The term is not intended to include baby-sitting services of a casual, nonrecurring nature or in the child’s own home. Likewise, the term is not intended to include cooperative, reciprocative child care by a group of parents in their respective homes. (Ord. 2020 § 2, 1994; Ord. 1844 § 2, 1991)

21.02.212 Child day-care facility.

“Child day-care facility” means a building or structure in which an agency, person, or persons regularly provide care for a group of children for periods of less than 24 hours a day. Child day-care facilities include family child care homes, out-of-home child mini-day-care centers, and child day-care centers regulated by the Washington State Department of Social and Health Services. (Ord. 2020 § 2, 1994; Ord. 1844 § 3, 1991)

21.02.213 Child day-care center.

“Child day-care center” means a child day-care facility providing regularly scheduled care for 13 or more children, within a one-month through 12-years-of-age range, for periods of less than 24 hours. (Ord. 2020 § 2, 1994; Ord. 1844 § 4, 1991)

21.02.215 Children – Resident home.

“Children – Resident home” means a dwelling unit occupied by a family which provides full time supervision for from seven to 12 children unrelated to the resident family. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)

21.02.220 Children – Institutions.

“Children – Institutions” means an establishment consisting of one or more buildings organized and maintained for the group care and supervision of 13 or more children, but not including hospitals. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)

21.02.225 Church.

“Church” means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and including accessory uses in the main building or in separate buildings or structures, including Sunday school rooms and religious education classrooms, assembly rooms, kitchen, library room or reading room, recreation hall, a one-family dwelling unit and residences on-site for nuns and clergy, but excluding facilities for training of religious orders. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)

21.02.230 Circus.

“Circus” means any institution whose general occupation is that of exhibiting wild animals, feats of horsemanship, animal stunts, and aerobatic or aquatic sports, for admission to which a fee is charged. (Ord. 2020 § 2, 1994; Ord. 1240 § 1, 1982)

21.02.232 City.

“City” means the city of Lynnwood. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)

21.02.235 Clinic.

“Clinic” means a building or portion of a building containing offices for providing medical, dental, psychiatric or chiropractic services for outpatients only, but not including the sale of drugs or medical supplies. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)

21.02.240 Club.

“Club” means an association of persons organized for some common purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)

21.02.245 Commission.

“Commission” means the city planning commission of the city of Lynnwood. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)

21.02.246 Common areas.

“Common areas” means portions of a subdivision not subdivided for individual lots and not dedicated to the city as public streets, utility systems or other public areas or facilities. (Ord. 3176 § 4, 2016)

21.02.247 Community development director.

“Community development director” is the head of the community development department, the director’s authorized representative or any representative authorized by the mayor. (Ord. 2957 §§ 30, 31, 2012; Ord. 2020 § 2, 1994; Ord. 1704 § 4, 1989. Formerly 21.02.286)

21.02.250 Conditional use.

“Conditional use” means a use subject to specified conditions which is permitted in one or more classifications as defined by this title but which use because of characteristics peculiar to it, or because of size, technological processes or type of equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities, requires a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same zone or zones, and to assure that such use shall not be inimical to the public interest. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)

21.02.255 Conditional use permit.

“Conditional use permit” means the documented evidence of authority to locate a conditional use at a particular location. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)

21.02.257 Condominium.

“Condominium” means a development subject to Chapter 64.32 or 64.34 RCW. (Ord. 3176 § 4, 20160

21.02.260 Conforming use.

“Conforming use” means a lawful use of land or structure which conforms to the uses and regulations of the zone in which such is located. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)

21.02.265 Conforming building.

“Conforming building” means a building designed to accommodate uses permitted in the zone in which it is located and conforming to the bulk requirements of the particular zone. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)

21.02.266 Congregate care.

“Congregate care” means housing for the elderly or physically disabled with services provided such as meals, laundry, housekeeping, personal care assistance, and assistance during temporary illness, but not medical care for the chronically ill or infirm. (Ord. 2020 § 2, 1994; Ord. 1447 § 2, 1985)

21.02.267 Convenience store.

“Convenience store” means a small, often franchised market, which has as its principal business the retail sale of food and other household goods with little or no sales of comparison shopping goods. It may be characterized by the relatively small size of the business (usually less than 5,000 square feet of floor area), by the small number of items purchased by each customer, and by rapid customer turnover. A retail grocery is not to be considered as a convenience store. Items sold at a convenience store may include alcoholic beverages for off-site consumption. (Ord. 2020 § 2, 1994; Ord. 1592 § 1, 1987; Ord. 1523 § 4, 1986)

21.02.268 Council, regularly scheduled meeting.

The city council meetings are scheduled for each and every Monday of the year unless otherwise scheduled pursuant to LMC 2.04.020. Official council action shall be taken only at meetings scheduled pursuant to LMC 2.04.010. Council work session meetings are scheduled for the odd-numbered Mondays of each calendar month. The council may request and/or receive reports from the city staff, discuss pending council actions, and initiate notice and scheduling of city public hearings at such work sessions. (Ord. 2020 § 2, 1994; Ord. 1151 § 9, 1980)

21.02.272 Dance, public.

Repealed by Ord. 3233. (Ord. 2020 § 2, 1994; Ord. 1758 § 1, 1990)

21.02.273 Dance hall, licensed.

Repealed by Ord. 3233. (Ord. 2020 § 2, 1994; Ord. 1758 § 1, 1990)

21.02.274 Development agreement.

“Development agreement” means an agreement between the city and a person who owns or controls real property regarding the development, use and mitigation of development of that property. (Ord. 3340 § 2, 2019)

21.02.275 Development regulations.

“Development regulations” means the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city. (Ord. 3340 § 3, 2019)

21.02.276 Distribution center.

“Distribution center” is a warehouse or other specialized building, often with refrigeration or air conditioning, which is stocked with products (goods) to be redistributed to retailers, to wholesalers, or directly to consumers. (Ord. 3340 § 4, 2019; Ord. 3233 § 39, 2016. Formerly 21.02.275)

21.02.290 Dwelling.

“Dwelling” means any building or any portion thereof, which is not an apartment house or hotel as defined in this title which contains one or more apartments or guest rooms, used, intended, or designed to be built, used, rented, leased, let, or hired out to be occupied, or which are occupied for living purposes. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 404, 1964)

21.02.295 Dwelling, types of.

A. Dwelling, Group. “Group dwelling” means more than two separate buildings, each containing one or more dwelling units.

B. Dwelling, One-Family. “One-family dwelling” means a detached building or zero lot line attached building with one common wall on an individual lot designed exclusively for occupancy by one family and containing one dwelling unit per lot.

C. Dwelling, Two-Family (Duplex). “Two-family dwelling or duplex” means a building designed exclusively for occupancy by two families living independently of each other, and containing two dwelling units.

D. Dwelling, Multiple. “Multiple dwelling” means a building designed exclusively for occupancy by three or more families living independently of each other, and containing three or more dwelling units.

E. Accessory Dwelling Unit. “Accessory dwelling unit” is defined in LMC 21.02.011 as a second dwelling unit on a premises occupied by a single-family detached dwelling. This unit provides a separate and completely independent dwelling unit with facilities for cooking, eating, sanitation and sleeping. (Ord. 3211 § 9, 2016; Ord. 2051 § 2, 1995; Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 404, 1964)

21.02.300 Dwelling unit.

“Dwelling unit” means one or more rooms designed for or occupied by one family for living or sleeping purposes and containing kitchen facilities for use solely by one family. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. (Ord. 2051 § 3, 1995; Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 404, 1964)

21.02.304 Electric vehicle.

“Electric vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on board for motive purpose. “Electric vehicle” includes: (1) a battery electric vehicle; (2) a plug-in hybrid electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium-speed electric vehicle. (Ord. 3047 § 1, 2014)

21.02.308 Electric vehicle charging station.

“Electric vehicle charging station” means a public or private parking space located together with a battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other storage device in an electric vehicle. Charging stations shall be allowed as an outside activity unless otherwise provided for in this title. (Ord. 3047 § 1, 2014)

21.02.312 Electric vehicle infrastructure.

“Electric vehicle infrastructure” means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. (Ord. 3047 § 1, 2014)

21.02.316 Electric vehicle parking space.

“Electric vehicle parking space” means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle. (Ord. 3047 § 1, 2014)

21.02.318 Essential public facility.

“Essential public facility” or “EPF” means a facility that is typically difficult to site, such as an airport, a state education facility, a state or regional transportation facility as defined in RCW 47.06.140 and WAC 365-196-550, regional transit authority facilities as defined by RCW 81.112.020, a state or local correctional facility, a solid waste handling facility, or an inpatient facility, including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020. The term “essential public facility” includes all facilities listed in RCW 36.70A.200, and all facilities that appear on the list maintained by the State Office of Financial Management pursuant to RCW 36.70A.200(4). (Ord. 3126 § 2, 2015)

21.02.320 Essential public facility, local.

“Essential public facility, local” means an EPF that is owned, operated, or sponsored by the city of Lynnwood, a special purpose district, Snohomish County, or another unit of local government. A local EPF may also be proposed by a nongovernmental entity with the primary purpose of providing services to residents of Lynnwood and surrounding communities (to be generally defined as southwest Snohomish County). An EPF is “sponsored” by a local government when it is to be owned or operated by a nongovernmental entity pursuant to a contract with the local government to provide the EPF. (Ord. 3126 § 2, 2015)

21.02.322 Essential public facility, state and regional.

“Essential public facility, state and regional” means an EPF that is owned, operated, or sponsored by Snohomish County or a regional governmental or private sector agency or corporation (including nonprofit) whose service boundaries encompass an area that is greater than Lynnwood and surrounding communities in Snohomish County. An EPF is “sponsored” by a governmental entity when it is to be owned or operated by a nongovernmental entity pursuant to a contract with the local government to provide the EPF. (Ord. 3126 § 2, 2015)

21.02.325 Family.

“Family” means an individual or two or more persons related by blood, marriage, domestic partnership, or adoption including foster children and exchange students, or a group of not more than five persons, excluding domestic employees, who need not be related by blood or marriage living together in a dwelling unit as a family unit and who are cooking and living as a single housekeeping unit. For the purposes of this definition, and notwithstanding any other provision of this code, children with familial status within the meaning of 42 U.S.C. 3602(k), and persons with handicaps within the meaning of 42 U.S.C. 3602(h), will not be counted as unrelated persons. (Ord. 3311 § 9, 2018; Ord. 2295 § 1, 2000; Ord. 2020 § 2, 1994; Ord. 190 Art. IV, 1964)

21.02.326 Family child care home.

“Family child care home” means a child day-care facility in the family residence of the licensee providing regularly scheduled care for 12 or fewer children including children who reside at the home, within a birth through 11 years of age range, for periods of less than 24 hours. (Ord. 2020 § 2, 1994; Ord. 1844 § 5, 1991)

21.02.327 Fast food eating establishment.

“Fast food eating establishment” means a place which has as its principal business the sale of prepared or quickly prepared food or drink in disposable containers or wrappers, for consumption either on or off the premises, whether or not interior seating facilities are provided. A retail grocery, a delicatessen or other store selling food items primarily for home preparation or home consumption, or a restaurant selling takeout orders; provided, that such sales are not the principal business of such restaurant, are not to be considered as fast food eating establishments. (Ord. 2020 § 2, 1994; Ord. 1140 § 5, 1980)

21.02.329 Fee simple unit lot subdivision.

“Fee simple unit lot subdivision” or “unit lot subdivision” means a division or redivision of land in which one or more boundaries of the individual lots coincide with the interior walls of a structure which separate individual attached single-family dwelling units. Sites developed or proposed to be developed with townhouses may be subdivided into individual unit lots to allow the separate ownership of each residential unit, as permitted in the applicable zones. (Ord. 3176 § 4, 2016)

21.02.330 Fence.

“Fence” means a masonry wall, or a barrier composed of posts connected by boards, rails, panels or wire for the purpose of enclosing space or separating parcels of land. “Fence” does not include retaining walls. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 406, 1964)

21.02.333 Festoon.

“Festoon” means a string of ribbons, tinsel, small flags or other decorations hanging between two or more points. (Ord. 2310 § 26, 2000)

21.02.335 First permitted.

“First permitted” refers to the most restricted zone in which a particular use is indicated as a permissible use. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 406, 1964)

21.02.340 Floor area.

“Floor area” means the area included within surrounding walls of the building (or portion thereof), exclusive of vent shafts and courts. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 406, 1964)

21.02.350 Floor area ratio.

“Floor area ratio (FAR)” means the gross floor area of all buildings or structures on a lot divided by the total lot area. For example, a 5,000-square-foot building on a 5,000-square-foot lot has a floor area ratio of 1.0 or 100 percent while the same building on a 10,000-square-foot lot would have a FAR of 0.50 or 50 percent. The FAR is used in calculating the building intensity of a development project. (Ord. 3192 § 4, 2016)

21.02.355 Fraternity, sorority, or group student house.

“Fraternity,” “sorority” or “group student house” means a building occupied by and maintained exclusively for students affiliated with an academic or professional college or university or other recognized institution of higher learning and when regulated by such institution. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 406, 1964)

21.02.357 Frontage, street.

“Street frontage” means the length of the lot line which abuts a public street not including alleys. (Ord. 2020 § 2, 1994; Ord. 1116 § 7, 1980)

21.02.358 Frontage, building.

“Building frontage” means the length of the building facade which contains a primary public entrance or is oriented toward a public street. Entrances not considered primary public entrances include but are not limited to doors, used mainly for loading or delivery, emergency exits or employee entrances. For the purpose of locating and sizing wall signs, the length of business tenant spaces in multi-story buildings oriented toward a public street or located on the same side of the building with a primary public entrance would be considered building frontage. (Ord. 2310 § 27, 2000)

21.02.360 Garage, parking.

“Parking garage” means a structure, or part thereof, used only for the storage of automobiles by the public and including the sale of automobile fuels, lubricants, radiator fluids, and accessories; and the performance of incidental services including tire changing, tube repairing, lubricating and washing. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 407, 1964)

21.02.365 Garage, private.

“Private garage” means an accessory building or an accessory portion of the principal building designed or used for the shelter or storage of vehicles owned or operated by the occupants of the principal building. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 407, 1964)

21.02.375 Gas station.

“Gas station” means any area of land including structures thereon that is used principally for the retail sale of gasoline or other motor vehicle fuel and oil and other substances including any motor vehicle accessories. Gas stations may include self-service or full-service operations. (Ord. 2020 § 2, 1994; Ord. 1671 § 1, 1989; Ord. 190 Art. IV § 407, 1964)

21.02.380 Grade, lot.

“Lot grade” means the average of the finished ground level at the center of all exposed walls of the building. In case walls are parallel to and within five feet of the sidewalk, the above ground level shall be measured at the sidewalk. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 407, 1964)

21.02.382 Green belt.

“Green belt” means a planting of evergreen trees and/or shrubs designed and maintained to prevent a through and unobscured penetration of sight, light, and sound. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 407, 1964)

21.02.384 Gross leaseable area.

“Gross leaseable area” means the area included within surrounding walls of a building or portion thereof, exclusive of vent shafts, courts and stairways. In a regional shopping center, the “gross leaseable area” does not include the pedestrian mall, provided it is not used for the sale, storage or display of merchandise. (Ord. 2020 § 2, 1994; Ord. 930 § 3, 1977)

21.02.385 Hazardous waste.

“Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70.105.010(15), except for moderate risk waste as set forth in RCW 70.105.010(17). (Ord. 2020 § 2, 1994; Ord. 1648 § 1, 1988)

21.02.386 Hazardous waste storage.

“Hazardous waste storage” means the holding of hazardous waste for a temporary period, as regulated by the State Dangerous Waste Regulations, Chapter 173-303 WAC. (Ord. 2020 § 2, 1994; Ord. 1648 § 1, 1988)

21.02.387 Hazardous waste treatment.

“Hazardous waste treatment” means the physical, chemical or biological processing of hazardous waste for the purpose of rendering these wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume, as regulated by the State Dangerous Waste Regulations, Chapter 173-303 WAC. (Ord. 2020 § 2, 1994; Ord. 1648 § 1, 1988)

21.02.388 Heat pump.

“Heat pump” means a mechanical system which in connection with the conventional heating and/or cooling system moves or pumps the heat found in the air to heat and/or cool a building. (Ord. 2020 § 2, 1994; Ord. 1252 § 1, 1982)

21.02.390 Hedge.

“Hedge” means a row of closely planted shrubs or trees forming a boundary or barrier. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 408, 1964)

21.02.395 Height of building.

See “building height.” (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 408, 1964)

21.02.400 Heliport.

“Heliport” means an area used by helicopters or by other steep gradient aircraft which area includes a passenger and cargo facilities, maintenance and overhaul, fueling service, storage space, parking space, hangars and other accessory buildings and open spaces. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 408, 1964)

21.02.405 Helistops.

“Helistops” means an area on a roof or on the ground where helicopters or other steep-gradient aircraft land or hover for the purpose of picking up or dispersing passengers or cargo, but not including fueling service, maintenance or overhaul. (Ord. 2020 § 2, 1994; Ord. 984 § 2, 1978)

21.02.415 Home occupation.

“Home occupation” means the operation from a dwelling of a business which is clearly incidental to the primary use of the dwelling as living quarters and which in no manner compromises the residential character of the neighborhood in which the dwelling is located. (Ord. 2020 § 2, 1994; Ord. 1389 § 1, 1984; Ord. 190 Art. IV § 408, 1964)

21.02.417 Homeowners’ association.

“Homeowners’ association” means a corporation, unincorporated association, or other legal entity, where each member is an owner of an individual lot within the unit lot subdivision. (Ord. 3176 § 4, 2016)

21.02.420 Hospital.

“Hospital” means an institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and licensed by state law to provide facilities and services in surgery, obstetrics and general medical practice, as distinguished from treatment of mental and nervous disorders and alcoholics, but not excluding surgical and post-surgical treatment of mental cases. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 408, 1964)

21.02.425 Hospital, mental (including hospitals for treatment of alcoholics).

“Mental hospital” means an institution licensed by state agencies under provisions of law to offer facilities, care and treatment for cases of mental and nervous disorders, and alcoholics. Establishments limiting services to juveniles below the age of five years and establishments housing and caring for cases of cerebral palsy are not considered mental hospitals. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 408, 1964)

21.02.430 Hospital or clinic, small animal.

“Small animal hospital or clinic” means an establishment in which veterinary medical services, clipping, bathing and similar services are rendered to dogs, cats and other small animals and domestic pets, but not including kennels. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 408, 1964)

21.02.435 Hotel.

“Hotel” means a building in which there are six or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite, and in which building may be included one apartment for use of the resident manager, but shall not include jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed or detained under legal restraint. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 408, 1964)

21.02.441 Housing for the elderly and physically disabled.

Repealed by Ord. 3233. (Ord. 2020 § 2, 1994; Ord. 1447 § 3, 1985)

21.02.442 Industrial park.

“Industrial park” means a planned development of one or more buildings which displays unity in architecture and high standards of aesthetic considerations in architecture and in the choice of building materials, landscaping and other external features, and typically is occupied by several tenants, most of which combine their business offices with warehousing and/or light manufacturing (such as fabrication or assembly), the major emphasis of the industrial park being warehousing and distributing. (Ord. 2020 § 2, 1994; Ord. 1036 § 1, 1979)

21.02.450 Junk yard.

“Junk yard” means a place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, bailed, packed, disassembled, or handled. The term “junk yard” shall not be construed to include the above described uses if conducted entirely within an enclosed building; automobile wrecking yards and recycling collection centers; pawn shops and establishments for the sale, purchase, or storage of used furniture and household equipment; used cars in operable condition; used or salvaged machinery in operable condition; or the processing of used, discarded, or salvaged materials as a minor part of manufacturing operations. (Ord. 2020 § 2, 1994; Ord. 1458 § 2, 1985; Ord. 190 Art. IV § 410, 1964)

21.02.455 Kennel.

“Kennel” means a place where four or more adult dogs or cats or any combination thereof are kept, whether by owners of the dogs and cats or by persons providing facilities and care, whether or not for compensation, but not including a small animal hospital or clinic. An adult dog or cat is one of either sex, altered or unaltered, that has reached the age of four months. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 411, 1964)

21.02.460 Live/work unit.

“Live/work unit” means a building or portion thereof that combines a business that is allowed in a zone with a residential dwelling unit for the owner or employee of the business. The dwelling unit may share the same floor area with the business or may be an individual dwelling unit within the same building. Buildings with live/work units do not need to meet the definition of a multifamily dwelling. (Ord. 3077 § 2 (Exh. A), 2014)

21.02.465 Livestock.

“Livestock” means horses, bovine animals, sheep, goats, rabbits, swine, reindeer, donkeys, mules, chickens, mink and like animals. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 411, 1964)

21.02.475 Lodging house.

“Lodging house” means a dwelling unit within which not more than five guest rooms are devoted to accommodating not more than 10 persons other than members of the family, but wherein meals for guests shall be neither provided nor permitted. A lodging house containing guest rooms numbering six or more shall be considered a hotel. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 412, 1964)

21.02.480 Lot.

“Lot” means a fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimensions to meet minimum zoning requirements. The term shall include tracts or parcels. (Ord. 2020 § 2, 1994; Ord. 1323 § 2, 1983; Ord. 190 Art. IV § 412, 1964)

21.02.485 Lot area and dimensions.

A. Lot Area. “Lot area” means the total horizontal area within the boundary lines of a lot.

B. Lot Depth. “Lot depth” means the horizontal length of a straight line drawn from the midpoint of the lot front line and at right angles to such line to its intersection with a line parallel to the lot front line and passing through the midpoint of the lot rear line. In the case of a lot having a curved front line, the lot front line, for purposes of this section, shall be deemed to be a line tangent to the curve and parallel to a straight line connecting the points of intersection of the lot lines of the lot with the lot front line.

C. Lot Width. “Lot width” means the horizontal distance between the lot side lines measured at right angles to the line comprising the depth of the lot at a point midway between the lot front line and the lot rear line. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 412, 1964)

21.02.490 Lot coverage.

“Lot coverage” means that portion of a lot occupied by the principal building and its accessory buildings, expressed as a percentage of the total lot area. For the purpose of this definition, the area of the building considered for lot coverage is that area above ground fully enclosed by walls and/or beneath a roof, excluding:

A. Covered or uncovered outside walkways and balconies, providing that in the case of balconies which project more than five feet, the entire area of such balcony is included when computing lot coverage;

B. Open courtyards, eaves and canopies that are attached to the principal building and do not project more than 10 feet (the total area of eaves or canopies projecting more than 10 feet is included when computing lot coverage); and

C. Bay windows, providing the floor area is not increased. This definition applies to this title only and does not affect the definition of lot coverage as defined by the building and fire codes. (Ord. 2020 § 2, 1994; Ord. 1062 § 1, 1979; Ord. 190 Art. IV § 412, 1964)

21.02.495 Lot lines.

A. Lot Front Line. “Lot front line” means, in the case of an interior lot, a line separating the lot from the street. In the case of corner lots or reverse corner lots that property line the prolongation of which creates the front property line for the greatest number of interior lots in the same block shall be considered as the lot front line of such corner or reverse corner lot.

B. Lot Rear Line. “Lot rear line” means a lot line which is opposite and most distant from the lot front line. For the purpose of establishing the lot rear line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply:

1. For a triangular or gore-shaped lot, a line 10 feet in length within the lot and farthest removed from the lot front line and at right angles to the line comprising the depth of such lot shall be used as the lot rear line;

2. In the case of a trapezoidal lot the rear line of which is not parallel to the lot line, the lot rear line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the recorded lot rear line;

3. In the case of a pentagonal lot the rear boundary of which includes an angle formed by two lines, such angles and lines shall be employed for determining the lot rear line as prescribed for a triangular lot; and

4. In no case shall the application of the above be interpreted as permitting a main building to locate closer than five feet to any property line.

C. Lot Side Line. “Lot side line” means any lot boundary line not a lot front line or a lot rear line. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 412, 1964)

21.02.500 Lot types.

A. Corner Lot. The term “corner lot” means a lot situated at the intersection of two or more streets, the street frontages of which form an angle not greater than 128 degrees, and not less than 45 degrees.

B. Interior Lot. “Interior lot” means a lot other than a corner lot or a reverse corner lot.

C. Key Lot. “Key lot” means the first lot to the rear of a reverse corner lot and whether or not separated by an alley.

D. Reverse Corner Lot. “Reverse corner lot” means a corner lot of which the lot side line on the street side is substantially a continuation of the lot front line of the lot upon which the rear of said corner lot abuts.

E. Through Lot. “Through lot” means a lot having frontage on two streets, including a lot at the intersection of two streets when the street sides of such lot form an internal angle of less than 45 degrees. Corner lots and reverse corner lots as defined in this title are not through lots.

F. Transitional Lot. “Transitional lot” means a residentially classified lot a side line of which forms a common boundary with contiguous property classified for either a higher density residential use or commercial or industrial uses. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 412, 1964)

21.02.501 Manufactured home.

“Manufactured home” means a dwelling unit constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes. All manufactured homes shall bear the appropriate insignia by a state or federal regulatory agency indicating compliance with all applicable construction standards of the U.S. Department of Housing and Urban Development for manufactured homes as adopted by the Washington State Department of Labor and Industries or the International Building Code as adopted by the city of Lynnwood. (Ord. 2571 § 1, 2005; Ord. 2295 § 2, 2000; Ord. 2020 § 2, 1994; Ord. 1781 § 1, 1990)

21.02.502 Manufactured home development.

“Manufactured home development” means a site developed as a planned unit development in accordance with Chapter 21.30 LMC exclusively for the permanent placement of manufactured homes. (Ord. 2020 § 2, 1994; Ord. 1781 § 1, 1990)

21.02.503 Marijuana.

“Marijuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dried weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. (Ord. 3136 § 1, 2015)

21.02.504 Marijuana concentrates.

“Marijuana concentrates” means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than 60 percent. The term “marijuana concentrates” does not include usable marijuana or marijuana-infused products. (Ord. 3136 § 1, 2015)

21.02.505 Marijuana-infused products.

“Marijuana-infused products” means products that contain marijuana or marijuana extracts, are intended for human use, and have a THC concentration greater than 0.3 percent and no greater than 60 percent. The term “marijuana-infused products” does not include usable marijuana or marijuana concentrates. (Ord. 3136 § 1, 2015)

21.02.506 Marijuana processing.

“Marijuana processing” means a person, entity or other business, licensed by the Washington State Liquor Control Board, processing marijuana into usable marijuana and/or marijuana-infused products, and/or packaging and labeling usable marijuana and/or marijuana-infused products for sale in retail outlets, and/or selling usable marijuana and marijuana-infused products at wholesale to marijuana retailers. (Ord. 3136 § 1, 2015)

21.02.507 Marijuana producing or production.

“Marijuana producing” or “marijuana production” means a person, entity or other business, licensed by the Washington State Liquor Control Board, producing and/or selling marijuana at wholesale to marijuana processors and other marijuana producers. (Ord. 3136 § 1, 2015)

21.02.508 Marijuana retailing or marijuana retailer.

“Marijuana retailing” or “marijuana retailer” means a business, licensed by the Washington State Liquor Control Board, selling usable marijuana, marijuana concentrates, and/or marijuana-infused products in a retail outlet. (Ord. 3136 § 1, 2015)

21.02.509 Marijuana, usable.

“Marijuana, usable” (or “usable marijuana”) means dried marijuana flowers. The term “marijuana, usable” does not include either marijuana concentrates or marijuana-infused products. (Ord. 3136 § 1, 2015)

21.02.510 Medical marijuana collective garden.

“Medical marijuana collective garden” means the growing of medical cannabis by qualifying patients as provided in Chapter 69.51A RCW, as now existing or as hereafter amended. A medical marijuana collective garden may also include ancillary processing and distribution of medical cannabis to support the collective garden. (Ord. 3136 § 1, 2015)

21.02.511 Marquee.

“Marquee” means a permanent roof structure attached to and cantilevered from a building. (Ord. 3136 § 1, 2015; Ord. 2020 § 2, 1994; Ord. 1116 § 7, 1980. Formerly 21.02.507)

21.02.512 Mini-day-care program.

“Mini-day-care program” means a child day-care facility for the care of 12 or fewer children in a facility other than the family residence of the person or persons under whose direct care and supervision the child is placed. (Ord. 3136 § 1, 2015; Ord. 2020 § 2, 1994; Ord. 1844 § 6, 1991. Formerly 21.02.509)

21.02.513 Mobile home.

“Mobile home” means a transportable dwelling unit manufactured after January 1, 1968, and before June 15, 1976, and bearing an insignia of the Washington State Department of Labor and Industries. All mobile homes without such insignia are nonconforming structures. (Ord. 3136 § 1, 2015; Ord. 2020 § 2, 1994; Ord. 1781 § 1, 1990. Formerly 21.02.503)

21.02.514 Mobile home park.

“Mobile home park” means any plot of ground upon which two or more mobile or manufactured homes are lawfully occupied as dwellings, regardless of whether a charge is made for such accommodation. (Ord. 3136 § 1, 2015; Ord. 2020 § 2, 1994; Ord. 1782 § 1, 1990. Formerly 21.02.505)

21.02.515 Motel.

“Motel” means a building or group of buildings on the same lot, containing motel units consisting of individual sleeping quarters, detached or in connected rows with or without cooking facilities, for rental to transients. (Ord. 3136 § 1, 2015; Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 413, 1964. Formerly 21.02.510)

21.02.516 Motor hotel.

“Motor hotel” means a specialized hotel designed and operated to provide hotel services and accommodations to the motoring public. (Ord. 3136 § 1, 2015; Ord. 2020 § 2, 1994; Ord. 285 § 1, 1966. Formerly 21.02.512)

21.02.517 Municipal services.

“Municipal services” means all municipal administrative services and offices, including municipal police and public safety facilities, fire stations, courts, libraries, museums, art galleries, convention centers, recreational facilities, performing arts facilities, and public parks or playgrounds; municipal services does not include:

A. Municipal shops as defined in LMC 21.02.514;

B. Public utility facilities as defined in LMC 21.02.590; and

C. Private schools, universities, colleges, day nurseries, sewer treatment plants. (Ord. 3136 § 1, 2015; Ord. 2020 § 2, 1994; Ord. 1879 § 1, 1992. Formerly 21.02.513)

21.02.518 Municipal shops.

“Municipal shops” means municipal facilities for maintenance and repair shops, warehouses, and storage yards; municipal shops does not include sewer treatment plants or public utility facilities. (Ord. 3136 § 1, 2015; Ord. 2020 § 2, 1994; Ord. 1879 § 2, 1992. Formerly 21.02.514)

21.02.519 Mural, decorative.

“Decorative mural” means any mural painted or otherwise placed on a building or structure that does not display any commercial messages, logos, or graphics or specific colors identified with a particular business, product or service. (Ord. 3136 § 1, 2015; Ord. 2310 § 26, 2000. Formerly 21.02.515)

21.02.520 Nonconforming building or structure.

“Nonconforming building or structure” means any building, structure, or portion thereof, which was lawfully erected or altered but which, because of the application of this title, no longer conforms to the regulations of the zone in which it is located as defined in this title. (Ord. 3136 § 1, 2015; Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 1781 § 1, 1990; Ord. 190 Art. IV § 414, 1964. Formerly 21.02.518)

21.02.521 Nonconforming use.

“Nonconforming use” means a use which was lawfully established and maintained but which, because of the application of this title to it, no longer conforms to the use regulations of the zone in which it is located as defined by this title. (Ord. 3136 § 1, 2015; Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 414, 1964. Formerly 21.02.520)

21.02.525 Nursery school.

“Nursery school” means an establishment for preschool children whose parents send them for educational experience, but not for supplemental parental care. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 414, 1964)

21.02.530 Nursing or convalescent home.

Repealed by Ord. 3233. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 414, 1964)

21.02.531 Occupiable space.

“Occupiable space” means spaces for uses such as retail, office, residential, personal service shops, customer serving offices, restaurant, entertainment, and the like. Structured parking and self-service storage facilities (mini-storage and similar spaces designed to contain objects, not persons, as the primary use) are not considered occupiable space. (Ord. 3077 § 2 (Exh. A), 2014)

21.02.532 Office, on-site service.

“On-site service office” means any business, professional, or government office providing as a substantial function of the business, on-site services which involve personal contact with people who do not work in the office. Examples would include, but not be limited to, residential real estate sales, loan offices, medical offices and employment agencies. (Ord. 2020 § 2, 1994; Ord. 1125 § 2, 1980)

21.02.533 On-site hazardous waste treatment and storage facility.

“On-site hazardous waste treatment and storage facility” means treatment and storage facilities which treat and store hazardous wastes generated on the same property. (Ord. 2020 § 2, 1994; Ord. 1648 § 1, 1988)

21.02.535 Open space, required.

“Required open space” means a portion of the area of a lot or building site, other than required yards, which area is required by this title, as set forth in the different classifications contained herein, to be maintained between buildings, between wings of a building, and between buildings and any portion of a property boundary line not contiguous to a required front or side yard. Such open spaces, as in the case of required yards, are required to be free and clear of buildings and structures and to remain open and unobstructed from the ground to the sky. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 415, 1964)

21.02.537 Owner.

“Owner” means any person having property rights as a fee owner or contract purchaser, or one duly authorized by the power of attorney to represent the owner. (Ord. 3176 § 4, 2016)

21.02.540 Outdoor advertising display.

Repealed by Ord. 2310. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 415, 1964)

21.02.545 Parent lot.

“Parent lot” means a parcel of land which may be subdivided into unit lots through the unit lot subdivision process pursuant to Chapter 19.40 LMC. (Ord. 3176 § 4, 2016)

21.02.550 Parking area, private.

“Private parking area” means an open area, other than a street, alley or other public property, limited to the parking of automobiles of occupants or employees of a dwelling, hotel, motel, apartment hotel, apartment house, boardinghouse or lodging house to which these facilities are appurtenant. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 416, 1964)

21.02.555 Parking area, public.

“Public parking area” means an open area, other than a street, alley or private parking area as defined herein, whether privately or publicly owned, which area is used for the parking of more than four automobiles. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 416, 1964)

21.02.556 Park and pool lots.

“Park and pool lots” means a public parking area for users of carpools or other recognized ride-sharing programs. They are usually for 50 cars or fewer and usually located within pre-existing parking lots where it has been demonstrated there is an adequate number of available stalls for such a use. They are to augment and to provide in some instances, an interim substitute for the larger, more permanent park-and-ride facilities. (Ord. 2020 § 2, 1994; Ord. 1119 § 1, 1980)

21.02.560 Parking space.

“Parking space” means an area accessible to vehicles, which area is provided, improved, maintained and used for the sole purpose of accommodating a motor vehicle. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 416, 1964)

21.02.563 Parking, tandem.

“Tandem parking” means a parking stall designed to accommodate two vehicles parked end on end. (Ord. 2020 § 2, 1994; Ord. 987 § 1, 1978)

21.02.564 Park trailer.

“Park trailer” means a vehicular unit manufactured in accordance with state requirements for park trailers, and bearing the appropriate insignia of the Washington State Department of Labor and Industries. (Ord. 2020 § 2, 1994; Ord. 1781 § 1, 1990)

21.02.565 Person.

“Person” means and includes an individual, firm, co-partnership, association or corporation, governmental agency, or political subdivision. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 416, 1964)

21.02.566 Personal service shop.

“Personal service shop” means small business establishments which provide cosmetic and nonmedical health services for persons (e.g., barber or beauty shops, weight or fitness clinics, sun tan salons, etc.). This term does not include gymnasiums or health clubs over 5,000 square feet in building area. (Ord. 3243 § 4, 2017; Ord. 2020 § 2, 1994; Ord. 1685 § 1, 1989)

21.02.567 Pet grooming.

“Pet grooming” means an establishment providing bathing, clipping, and other cosmetic services for pets, and may include accessory retail pet supplies. No overnight boarding or veterinarian services may be rendered. (Ord. 2020 § 2, 1994; Ord. 1529 § 1, 1986)

21.02.570 Pet shop.

“Pet shop” means an establishment dealing in buying and selling such small animals and birds as are customarily or occasionally harbored in domestic establishments as pets, such as fish, dogs, cats, parrots, canaries and other song and decorative birds, monkeys, hamsters, and similar animals, but specifically excluding dangerous animals or dangerous or poisonous or constricting reptiles, unless properly contained, provided no boarding or veterinarian services are rendered excepting bathing and clipping of dogs and cats. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 416, 1964)

21.02.575 Place.

“Place” means an open unoccupied named space, other than a street or alley, at least 20 feet in width, permanently reserved and so recorded in the county records as the principal means of access to abutting or adjacent property. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 416, 1964)

21.02.576 Planned unit development.

“Planned unit development” means a development which meets the provisions of Chapter 21.30 LMC. (Ord. 2020 § 2, 1994; Ord. 1781 § 1, 1990)

21.02.577 Planning commission.

“Planning commission” means that body as defined in Chapter 35A.63 RCW designated by the city council to perform the planning function for the city of Lynnwood. (Ord. 2020 § 2, 1994; Ord. 1323 § 4, 1983)

21.02.578 Premises.

“Premises” means the land occupied by, leased to, or otherwise controlled by a use, all the structures thereon, and all the space therein. Such space may include one or more building sites (either undeveloped or improved land). (Ord. 2020 § 2, 1994; Ord. 1607 § 19, 1987)

21.02.580 Principal use.

“Principal use” means the primary or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 416, 1964)

21.02.585 Professional offices.

“Professional offices” means office buildings, or office space within mixed use buildings designed and intended as places for business services and professional services, but where no overnight care for patients is provided. (Ord. 2947 § 3, 2012; Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 416, 1964)

21.02.586 Professional services.

“Professional services” means services provided by persons such as physicians, dentists, engineers, attorneys, architects, designers, surveyors, therapists, accountants, stockbrokers, loan, title, and escrow officers, insurance agents, and other persons utilizing specialized training and education, and providing such services in a professional office setting. (Ord. 2947 § 3, 2012)

21.02.587 Private road.

“Private road” means any right-of-way or road surface not open to general public use, which is retained permanently as a privately owned and maintained road, and created to provide access from a street to a lot or lots. (Ord. 2020 § 2, 1994; Ord. 1323 § 4, 1983)

21.02.589 Public entrance, primary.

“Primary public entrance” means any building entrance with glass store front doors, doors with windows or garage doors for auto related businesses that allows the public to enter the building. Primary public entrances do not include drive-up windows, exit doors, employee-only doors, or doors used mainly for loading and delivery. (Ord. 2310 § 26, 2000)

21.02.590 Public utility facilities.

“Public utility facilities” means facilities for the transmission, distribution, or collection of electric, telephone, wireless communication, telegraph, cable television, natural gas, water and sewer utility services, and the transportation of people. (Ord. 2065 § 4, 1995; Ord. 2020 § 2, 1994; Ord. 1879 § 3, 1992)

21.02.593 Rapid charging station.

“Rapid charging station” means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. (Ord. 3047 § 1, 2014)

21.02.595 Reclassification of property.

“Reclassification of property” means a change in zone boundaries upon the zoning map, which map is part of this title when adopted in the manner prescribed by law. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 418, 1964)

21.02.600 Reclassification of use.

“Reclassification of use” means the assignment, by amendment of this title, of a particular use to a different use classification than that in which the use was originally permitted. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 418, 1964)

21.02.605 Recorded.

“Recorded” means, unless otherwise stated, filed of record with the auditor of Snohomish County. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 418, 1964)

21.02.609 Recreational area, active.

“Active recreational area” means areas which are developed for one or more of the following uses: swimming pools, tennis courts, play fields, tot lots, lawn bowling greens, horseshoe pits, shuffle board, hand ball, and other similar recreational activities which require physical involvement and manual dexterity. (Ord. 2020 § 2, 1994; Ord. 407 § 2, 1968)

21.02.610 Recreational area or community club house, noncommercial.

“Recreational area or community club house, noncommercial” means an area devoted to facilities and equipment for recreational purposes, swimming pools, tennis courts, playgrounds, community club houses and other similar uses maintained and operated by a nonprofit club or organization whose membership is limited to the residents within the area. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 418, 1964)

21.02.612 Recreational vehicle – RV.

“Recreational vehicle” or “RV” means a vehicular type unit primarily designed for recreational camping, travel, or seasonal use which has its own motive power or is mounted on or towed by another vehicle. The basic entities are: travel trailer, folding camping trailer, park trailer, truck camper, motor home, and multi-use vehicles. Recreational vehicle also includes boats, snowmobiles and other recreational equipment on or carried by a trailer. (Ord. 2020 § 2, 1994; Ord. 1781 § 1, 1990)

21.02.615 Recreational area, commercial.

“Commercial recreational area” means an area operated for profit and devoted to facilities and equipment for recreational purposes, including swimming pools, tennis courts, playgrounds and other similar uses whether the use of such area is limited to private membership or whether open to the public upon the payment of a fee. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 418, 1964)

21.02.617 Recycling collection center.

“Recycling collection center” means a principal use of a property, which use consists of bins or other containers for the collection of waste glass, paper, metal, plastic, or other materials which are regularly and frequently removed from the premises for processing into other products. The term “recycling collection center” shall not include the placement by charitable organizations of small bins for the collection of recyclable materials on property where such a use is clearly incidental to the principal use of the property. (Ord. 2020 § 2, 1994; Ord. 1458 § 3, 1985)

21.02.622 Refuse and recycling collection area.

“Refuse and recycling collection area” means a location where garbage and recyclable materials are stored for pick-up and removal by garbage and recycling service providers (haulers). (Ord. 2020 § 2, 1994; Ord. 1911 § 1, 1992)

21.02.624 Research and development.

“Research and development” means a use in which research and experiments leading to the development of new products, services or intellectual property are conducted. As part of this work, prototypes of new products or equipment may be produced and tested on site; however, production of products or equipment for sale or distribution is outside the scope of this definition. (Ord. 2490 § 1, 2004)

21.02.625 Residence.

“Residence” means a building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings, but not including hotels or motel units having no kitchens. The term “residence” includes the term “residential” as referring to the type of or intended use of a building or structure. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 418, 1964)

21.02.627 Respite care.

“Respite care” means the provision of care and supervision during a portion of the day for persons who by reason of advanced age or disability are unable to care for themselves. Respite care shall not be construed to mean the full-time care of such persons. Those currently under the jurisdiction of the superior court or the Board of Prison Terms and Paroles for a violent offense are excluded from such facility. (Ord. 2020 § 2, 1994; Ord. 1426 § 1, 1984)

21.02.640 Sanitarium.

“Sanitarium” means a health station or retreat or other place where resident patients are kept, and which specializes in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and licensed by state agencies under provisions of law to provide facilities and services in surgery, obstetrics and general medical practice as distinguished from treatment of mental and nervous disorders and alcoholics, but not excluding surgical and post-surgical treatment of mental cases. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 419, 1964)

21.02.645 Schools, elementary, middle and high.

“School” means, unless further qualified, elementary, middle and high. The terms “elementary schools,” “middle schools” and “high schools” mean institutions of learning offering instruction in the several branches of learning and study required by the education code of the state of Washington to be taught in the public and parochial (or private) schools. (Ord. 3177 § 2, 2016; Ord. 2020 § 2, 1994; Ord. 742 § 1, 1974; Ord. 190 Art. IV § 419, 1964)

21.02.650 Screening.

“Screening” means a continuous fence, supplemented with landscape planting or a continuous wall, evergreen hedge or combination thereof, that would effectively screen a property which it encloses and is broken only for access drives and walks. See also LMC 21.10.100. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 419, 1964)

21.02.655 Secondhand stores.

“Secondhand stores” means retail establishments in which the principal portion of the articles, commodities or merchandise handled, offered for sale, or sold on the premises are not new. Secondhand stores shall not be considered as including antique stores or pawnshops. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 419, 1964)

21.02.657 Secure community transition facility (SCTF).

“Secure community transition facility (SCTF)” means a residential facility, as defined in Chapter 71.09 RCW, for the housing of civilly committed and conditionally released sexually violent predators. (Ord. 2460 § 2, 2003)

21.02.658 Self-service storage facility.

“Self-service storage facility” means a building, group of buildings or other facility having compartments, rooms, spaces, containers or other type of units that are individually leased, rented, sold or otherwise contracted for by customers for the storage of personal or business goods or property, and where the facility owner/operator has limited access to the units. For purposes of this title, “self-service storage facility” shall be considered synonymous with self-storage warehouse, self-storage facility, mini-warehouse or mini-storage. (Ord. 2947 § 3, 2012)

21.02.659 Senior housing.

“Senior housing” means multiple-dwelling housing which is designed for the particular needs of those elderly and physically disabled who may have functional limitations due to advanced age or physical impairment but are otherwise in good health. Residents of such housing can maintain an independent or semi-independent lifestyle and do not require more intensive care as provided in a nursing or convalescent home. For the purposes of this definition, elderly shall typically mean 55 years of age or older. Design features may include but are not limited to wide doors and hallways and low counters to accommodate wheelchairs, support bars, specialized bathroom and kitchen fixtures, and common dining, recreation, or lounge areas. Minor medical care may be provided at the facilities. The term “senior housing” shall include “congregate care” and “independent living community.” The definition shall not be construed to include facilities to house persons under the jurisdiction of the superior court or the board of prison terms and paroles. (Ord. 3233 § 43, 2016)

21.02.660 Service station, full.

“Full-service station” means a business that provides for the sale of gasoline, diesel or other fuels used for the propulsion of motor vehicles, when such products are delivered directly into the fuel tanks of motor vehicles.

The following may also be allowed as provided:

A. The servicing of motor vehicles and operations incidental thereto, the retail sale of fuels, petroleum products and automotive accessories; automobile washing by hand; waxing and polishing of automobiles; tire changing and repairing, excluding recapping; battery service, charging and replacement, excluding repair and rebuilding;

B. The following services if performed within a building: radiator cleaning and flushing, excluding steam cleaning and repair; installation of accessories; lubrication of motor vehicles; brake servicing limited to servicing and replacement of brake cylinders, lines and brake shoes; wheel balancing; the inspection, testing, adjustment and replacement or servicing of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water and fuel pumps, water hoses and wiring, mufflers and tailpipes, and pollution control equipment and devices. (Ord. 2020 § 2, 1994; Ord. 1671 § 2, 1989; Ord. 1175 § 1, 1981; Ord. 190 Art. IV § 419, 1964)

21.02.661 Service station, self.

“Self-service station” means a “full-service station” as defined in LMC 21.02.660 at which one or more of the fuel dispensing pumps is designated for operation by the retail consumer. (Ord. 2020 § 2, 1994; Ord. 1671 § 3, 1989; Ord. 1175 § 3, 1981)

21.02.662 Setback.

“Front yard setback” is a space extending the full width of the lot between the front property line and the yard setback which is measured perpendicular from the front lot line to the minimum yard setback line.

“Rear yard setback” is a space extending across the full width of the lot between the rear lot line and the yard setback line which is measured perpendicular from the rear lot line to the minimum yard setback line.

“Side yard setback” is a space extending from the front yard to the rear yard measured perpendicular from the side lot line to the minimum yard setback line. (Ord. 3243 § 5, 2017)

21.02.663 Setback, building line.

“Building line” means the line that is the required minimum distance from any lot line within which a building or structure must be erected or placed except for cornices, eaves, gutters, chimneys or one-story bay windows projecting not more than two feet, and open patios or decks not exceeding three feet in height above the average grade. (Ord. 3243 § 6, 2017; Ord. 2020 § 2, 1994; Ord. 989 § 2, 1978)

21.02.664 Shipping container.

“Shipping container,” “intermodal shipping container” or “freight container” means a standardized, reusable box constructed of corrugated steel

(with a wood floor), used to store and move materials and products using the global containerized intermodal transport system. Such containers are designed according to ISO standards for transport by ship, rail and truck, utilizing the twistlock fastener system at each of the containers’ eight corners. Intermodal shipping containers commonly have a width of eight feet and a standard height of either eight feet or nine and one-half feet. Container length varies from eight feet to 56 feet. This definition includes structures designed and constructed to replicate the appearance of a shipping container. (Ord. 3127 § 2, 2015)

21.02.665 Shopping center.

“Shopping center” means a multiple business site with at least six retail goods and service establishments and consisting of at least 50,000 square feet of building area and/or one or more supermarkets, variety or department stores. (Ord. 3127 § 2, 2015; Ord. 2020 § 2, 1994; Ord. 1214 § 1, 1981. Formerly 21.02.664)

21.02.666 Sign.

“Sign” means any structure, device, object or display used to identify, advertise, direct or attract attention to a business, product, service, activity, place, person, institution or event using words, figures, graphics, symbols, fixtures, colors, illumination or projected images, for example, balloons with or without letters or pictorial figures on them. (Ord. 3127 § 2, 2015; Ord. 2310 § 27, 2000. Formerly 21.02.665)

21.02.667 Sign, awning.

“Awning sign” means any business sign erected upon or against a nonrigid awning. An awning sign is not a wall sign. (Ord. 2310 § 27, 2000)

21.02.670 Sign, banner.

“Banner sign” means any business or commercial message, or commercial logo or graphic displayed on a nonrigid material that is held in place at both ends. (Ord. 2310 § 26, 2000)

21.02.672 Sign, business.

“Business sign” means any sign, structure or device that identifies or advertises the premises on which the sign is located, or the occupant of said premises, or goods or services manufactured, produced or available on the premises where such sign is located. Residential signs are not considered business signs. (Ord. 2310 § 27, 2000)

21.02.674 Sign, construction.

“Construction sign” means a temporary sign identifying a construction project, architects, engineers, contractors, subcontractors, lenders or other persons or businesses directly participating in construction on the property where the sign is located. (Ord. 2310 § 26, 2000)

21.02.676 Sign, electronic changing message.

“Electronic changing message sign” means a sign whose alphabetic, graphic or symbolic information can be changed or altered electronically. (Ord. 2310 § 26, 2000)

21.02.678 Sign face.

“Sign face” means the area of a sign on which graphics, letters, figures, symbols, logos or letters are placed. (Ord. 2310 § 26, 2000)

21.02.679 Sign, feather.

“Feather sign” means a sign that is constructed of cloth, canvas, plastic fabric, or similar light-weight nonrigid material supported by a pole mounted into the ground or on a portable structure. (Ord. 3311 § 10, 2018)

21.02.680 Sign, freestanding.

“Freestanding sign” means a sign supported by vertical elements permanently placed in the ground and not attached to any building or structure. (Ord. 2310 § 27, 2000)

21.02.682 Sign, ground.

“Ground sign” means a freestanding sign which is not more than 3.5 feet in height and permanently placed in the ground. (Ord. 2310 § 27, 2000)

21.02.685 Sign, incidental.

“Incidental sign” means a small non-internally illuminated sign (no more than four square feet in area per side) displaying only directions, instructions or similar information and intended to be visible or read from a public right-of-way; for example, entrance and towing signs. (Ord. 2693 § 2, 2007; Ord. 2310 § 26, 2000)

21.02.687 Sign, individual letter.

“Individual letter sign” means a sign composed of individual letters, numbers and/or graphic elements either back lit or internally or externally illuminated that are attached directly to a building wall and are not joined together by any part of the display surface of the sign. The individual letters, numbers or graphic elements may be joined together by a narrow structural support of a color that matches the background material. (Ord. 2310 § 26, 2000)

21.02.688 Sign, inflatable.

“Inflatable sign” means a sign capable of being filled with and expanded by air or other gas, including sky dancers and tube men. (Ord. 3311 § 11, 2018)

21.02.689 Sign, institution identification.

“Institution identification sign” means a permanent sign used to identify a particular institution such as a school or church. (Ord. 2310 § 26, 2000)

21.02.690 Sign, internal information.

“Internal information sign” means a freestanding or wall sign that identifies individual businesses in a multi-tenant business site that is oriented internally for use by the public after entering the business site. Such signs may also be used to display menu items, prices or other information. (Ord. 2310 § 26, 2000)

21.02.692 Sign, nonconforming.

“Nonconforming sign” means a sign erected legally, but does not comply with current or subsequently adopted sign and zoning regulations and standards. (Ord. 2310 § 26, 2000)

21.02.694 Sign, marquee.

“Marquee sign” means a sign placed on, constructed in or attached to a marquee. (Ord. 2310 § 27, 2000)

21.02.695 Sign, monument.

“Monument sign” means any permanent freestanding sign that is higher than 3.5 feet, at least 10 feet and no more than 35 feet from the street right-of-way and is supported by a base that is at least three feet wide or 50 percent of length of the sign face, whichever is greater. (Ord. 2310 § 26, 2000)

21.02.697 Sign, mural.

“Mural sign” means any mural painted or otherwise placed on a building or structure that includes any commercial message, logo, any graphics or color specifically identified with a particular business, product or service. (Ord. 2310 § 26, 2000)

21.02.698 Sign, off-premises.

“Off-premises sign” means any sign that identifies or advertises any business, product, person, service, commercial activity, or rental, lease or sale of property that does not occur or take place on the property where the sign is located. This definition is not intended to distinguish between commercial and noncommercial messages. (Ord. 2310 § 26, 2000)

21.02.700 Sign, on-premises.

“On-premises sign” means any sign that identifies or advertises any business, product, person, service, commercial activity, or rental, lease or sale of property that occurs or takes place at the site where the sign is located and advertises or displays information incidental to a lawful use of the site where the sign is located. (Ord. 2310 § 26, 2000)

21.02.702 Sign, pole.

“Pole sign” means any permanent freestanding sign which does not meet the definition of a ground sign, monument sign, internal information sign or incidental sign. (Ord. 2310 § 27, 2000)

21.02.704 Sign, political.

“Political sign” means a temporary sign that identifies or advertises a candidate(s) for public elective office, a political party or promotes a position on a public or ballot issue in connection with a local, regional, state or national election or referendum or displays any political message. (Ord. 2310 § 26, 2000)

21.02.705 Sign, portable.

“Portable sign” means a sign designed to be moved easily and not fastened to a building, structure, fence or utility pole. This definition does not include signs attached to vehicles, bicycles or trailers. (Ord. 2310 § 26, 2000)

21.02.707 Sign, projecting.

“Projecting sign” means a sign other than a wall sign which projects from and is supported by a wall of a building or structure. (Ord. 2310 § 27, 2000)

21.02.708 Sign, readerboard.

“Readerboard sign” means a sign designed to be moved easily and has a display surface designed to allow letters, messages or graphics to be easily changed manually or electronically. (Ord. 2310 § 26, 2000)

21.02.710 Sign, real estate.

“Real estate sign” means a temporary sign identifying or advertising residential and nonresidential real estate for rent, lease or sale. (Ord. 2310 § 26, 2000)

21.02.711 Sign, real estate open house or directional.

“Real estate open house or directional sign” means a portable sign used to invite and provide directions to the public to visit a particular property for rent, lease or sale. (Ord. 2310 § 26, 2000)

21.02.713 Sign, residential development identification.

“Residential development identification sign” means a permanent sign used to identify a residential development such as a particular subdivision or apartment complex. (Ord. 2310 § 26, 2000)

21.02.715 Sign, roof.

“Roof sign” means a business sign erected upon or above a roof or, in cases where a parapet is present, above the parapet of a building. This definition does not apply to signs attached to parapets or walls when such parapets or walls are at a point six feet in height or less above the roof deck. (Ord. 2937 § 3, 2012; Ord. 2310 § 27, 2000)

21.02.716 Sign, sale of household goods.

“Household goods sale sign” means a temporary sign advertising the noncommercial sale of items common to a household, for example yard and garage sale signs. (Ord. 2310 § 26, 2000)

21.02.718 Sign, wall.

“Wall sign” means any business sign painted on, or attached directly to and supported by a wall of a building or structure with the exposed face of the sign generally parallel to the wall. (Ord. 2310 § 27, 2000)

21.02.720 Sign area.

“Sign area” means the maximum visible display surface of the sign which may be viewed at one time, including those areas enclosed or substantially enclosed by the display. Only one side of a sign with display surface on both sides is counted as sign area; however, both sides of a “V” type sign with display surface are counted as sign area. Sign support structures, frames and graphic design elements not part of the display surface shall not be included in the calculation of sign area. Any graphic or lighting device such as neon tubing used to accent or highlight the sign display surface, support structure, frame or lettering shall be included in the calculation of sign area. See Figure 1 of Chapter 21.16 LMC for examples and explanation of how sign area is calculated. (Ord. 2310 § 27, 2000)

21.02.722 Solar collector.

“Solar collector” means a device for capturing solar energy. It may be attached or detached to the building to which it is supplying energy and includes the mounting for the device. (Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 1252 § 1, 1982)

21.02.723 Solar energy system.

“Solar energy system” means any device or combination of devices or elements which rely on direct sunlight as an energy source, including but not limited to any substance or device which collects, stores, or distributes solar energy for use in the heating or cooling of a structure or building, the heating or pumping of water, and the generation of electricity. (Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 1252 § 1, 1982)

21.02.725 Solar greenhouse, attached.

“Attached solar greenhouse” means a type of attached sunspace where food is produced and/or plants are grown for personal use. (Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 1252 § 1, 1982)

21.02.726 Solar sunspace, attached.

“Attached solar sunspace” means a glazed extension to a building which acts as a solar energy collection device. Through direct radiation, natural convection or mechanical means, the energy is conveyed to a heat storage medium and reduces the building’s consumption of conventional energy. (Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 1252 § 1, 1982)

21.02.728 Specialty retail center.

“Specialty retail center” means a multiple business site with at least six specialty retail goods or service establishments, furniture, hardware or appliance shops. Sites containing 50,000 square feet or more of building area and/or supermarkets, variety or department stores are not considered specialty retail centers. (Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 1214 § 2, 1981)

21.02.730 Specified sexual activities.

“Specified sexual activities” means:

A. Human genitals in a state of sexual stimulation or arousal;

B. Acts of human masturbation, sexual intercourse, sodomy, oral copulation or bestiality;

C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast, whether clothed or unclothed, of oneself or of one person by another;

D. Excretory functions as part of or in connection with any of the activities set forth in this subsection. (Ord. 2315 § 3, 2000; Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 1247 § 7(B), 1982)

21.02.731 Specified anatomical areas.

“Specified anatomical areas” means:

A. Less than completely and opaquely covered human genitals, anus, pubic region, buttock, or female breast below a point immediately above the top of the areola; or

B. Human male genitals in a discernibly turgid state, even if completely or opaquely covered. (Ord. 2315 § 4, 2000; Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 1247 § 7(C), 1982)

21.02.733 Stand.

“Stand” means a structure for the display and sale of products with no space for customers within the structure itself. (Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 419, 1964)

21.02.735 Story.

“Story” means that portion of a building, except the mezzanine, included between the surface of any floor and the surface of the floor next above, except that the highest story is that portion of a building included between the highest floor surface and the ceiling or roof above. A basement shall be counted as a story. (Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 419, 1964)

21.02.737 Street.

“Street” means a lawfully dedicated public right-of-way. The term “street” includes avenues, boulevards, places, ways and drives. (Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 1323 § 3, 1983; Ord. 190 Art. IV § 419, 1964)

21.02.738 Street line.

“Street line” means the boundary line between a street and the abutting property. (Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 419, 1964)

21.02.740 Street, principal.

“Principal street” means that street for which the house numbering is issued and which becomes the main access to the property. (Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 419, 1964)

21.02.741 Street, side.

“Side street” means a street which is adjacent to a corner lot or reverse corner lot and which extends in the general direction of the lot line determining the depth of the corner or reverse corner lot. (Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 419, 1964)

21.02.743 Structure.

“Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, except that this definition shall not include light standards, utility poles and vaults, arbors and trellises, play equipment, benches, mail boxes, and sculptures. (Ord. 2310 § 28, 2000; Ord. 2295 § 3, 2000; Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 419, 1964)

21.02.744 Supervised drug consumption facilities.

“Supervised drug consumption facilities” means facilities designed to provide a hygienic environment where individuals are able to consume illicit drugs, intravenously or by any other method, including all uses established or activities undertaken for the above-defined purpose, irrespective of how the use or activity is described or configured. A supervised drug consumption facility may also be referred to as a community health engagement location, supervised drug injection site or facility, safe injection site, or fix room. (Ord. 3305 § 2, 2018)

21.02.745 Temporary special event.

“Temporary special event,” as set out in this title, shall be construed to mean any fair, show, exhibition, promotion, entertainment, parking lot, or street, or tent sale, or other temporary activity of like character not otherwise defined as a carnival or circus. This term shall not be construed to include such activities when conducted within an enclosed shopping mall. (Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 1240 § 1, 1982)

21.02.746 Trade or business school.

“Trade or business school” means an establishment conducted as a commercial enterprise for teaching trade, business or secretarial courses, instrumental or vocal music, art, dancing, barbering or hairdressing or for teaching similar skills. (Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 420, 1964)

21.02.748 Theater.

“Theater” means a building expressly designed for presentation of plays, operas and motion pictures. (Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 420, 1964)

21.02.750 Theater, drive-in.

“Drive-in theater” means an establishment to provide entertainment through projection of motion pictures on an outdoor screen for audiences whose seating accommodations are provided by their own motor vehicles parked in car spaces provided on the same site with the outdoor screen. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 420, 1964)

21.02.755 To place.

The verb “to place” and any of its variants as applied to advertising displays and outdoor advertising structures includes maintaining, erecting, constructing, posting, painting, printing, nailing, gluing or otherwise fastening, affixing or making visible in any manner whatsoever. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 420, 1964)

21.02.760 Townhouse.

“Townhouse” means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. (Ord. 3176 § 4, 2016)

21.02.765 Trailer park, trailer court, mobile home park and public trailer camp.

“Trailer park,” “trailer court,” “mobile home park,” and “public trailer camp” mean any area or tract of land used or designed to accommodate two or more automobile house trailers. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 420, 1964)

21.02.770 Unit lot.

“Unit lot” is defined as a subdivided lot within a development approved through the unit lot subdivision process pursuant to Chapter 19.40 LMC. (Ord. 3176 § 4, 2016

21.02.775 Use.

“Use” means the purpose for which land or a building is designed, arranged or intended, or for which it is occupied or maintained, let or leased. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 421, 1964)

21.02.780 Use or structure, accessory.

“Accessory use” or “accessory structure” means uses customarily incidental to a permitted principal use when located in the same building or in a separate building located on the same lot. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 421, 1964)

21.02.785 Use or structure, conditional.

“Conditional use” or “conditional structure” means uses permitted in this title as principal or accessory uses when duly authorized and subject to specified conditions. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 421, 1964)

21.02.795 Use or building, principal.

“Principal use” or “principal building” means the principal use conducted on the lot or the building housing the principal use, as distinguished from an accessory building using accessory uses. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 421, 1964)

21.02.800 Variance.

“Variance” means an adjustment in the application of the specific regulations of this title to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone and which adjustment remedies the disparity in privileges. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 422, 1964)

21.02.803 Warehouse.

“Warehouse” means a structure, room, or rooms for the storage of merchandise or commodities. The term “warehouse” does not refer to “self-service storage facilities.” (Ord. 2947 § 3, 2012; Ord. 2020 § 2, 1994; Ord. 1513 § 1, 1986)

21.02.805 Wireless communications facility.

“Wireless communications facility” means an unstaffed facility for the transmission and/or reception of radio frequency (RF) signals usually consisting of an equipment shelter or cabinet, a support structure and/or other transmission and reception devices. This definition does not include ancillary antennas such as are usual to individual businesses and residences and which conform to height limits and other development standards in the zone in which such antennas would be located. (Ord. 2065 § 1, 1995)

21.02.806 Wireless communications facility, attached.

“Attached wireless communications facility” means a wireless communications facility that is affixed to an existing structure, for example, an existing building, tower, water tank, utility pole, etc. which does not include additional wireless communications support structures. (Ord. 2065 § 2, 1995)

21.02.807 Wireless communications support structure.

“Wireless communications support structure” means the structure erected to support wireless communications antennas and connecting appurtenances. Support structure types include, but are not limited to monopoles, lattice towers, wood poles, and guyed towers. (Ord. 2065 § 3, 1995)

21.02.810 Wholesale store.

“Wholesale store” means an establishment for the sale of goods and merchandise in wholesale lots, including wholesale storage. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 423, 1964)

21.02.815 Yard.

“Yard” means an open space other than a court on a lot, occupied and unobstructed from the ground upward unless specifically otherwise permitted in this title. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 425, 1964)

21.02.820 Yards, types and measurements.

A. Front Yard. “Front yard” means an area extending across the full width of the lot and lying between the lot front line and a line drawn parallel thereto, and at a distance therefrom equal to the required front yard depth as prescribed in each classification. Front yards shall be measured by a line at right angles to the lot front line, or by the radial line or radial line extended in the case of a curved lot front line.

B. Side Yard. “Side yard” means an open area measured from the lot side line toward the center of the lot and extending from the rear line of the required front yard, toward the lot rear line to a point measuring two-thirds of the depth of the lot, except that on the side of corner lots and reverse corner lots, the required side yard shall extend to the rear line of the lot. The width of the side yard shall be measured horizontally from, and be parallel to the lot side line from which it is measured.

C. Rear Yard. “Rear yard” means an open space extending across the full width of the lot between the principal buildings and the rear lot line; the required depth of the rear yard shall be measured horizontally at right angles from the nearest point of the rear lot line toward the nearest point of the principal building, not including permitted architectural features. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 425, 1964)

21.02.825 Yard, rear line of required front.

“Rear line of the required front yard” means a line parallel to the lot front line and at a distance therefrom equal to the depth of the required front yard, and extending across the full width of the lot. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 426, 1964)

21.02.827 Zero lot line townhouse development.

“Zero lot line townhouse development” means the division of land to create attached residential units with common (or “party”) walls. Each unit is located on a lot in such a manner that one or more of the dwelling’s sides rests on a lot line. Each unit has its own entrance opening to the outdoors (to the street, alley, or private tract) and, typically, each house is a complete entity with its own utility connections. Although most townhouses have no side yards, they have front and rear yards. The land on which the townhouse is built, and any yard, is owned in fee simple. (Ord. 3176 § 4, 2016)

21.02.830 Zone.

“Zone” means an area accurately defined as to boundaries and location on an official map and within which area only certain types of land uses are permitted, and within which other types of land uses are excluded, as set forth in this title. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 426, 1964)