Chapter 22A.020
DEFINITIONS

Sections:

22A.020.010    Undefined words and phrases.

22A.020.020    “A” definitions.

22A.020.030    “B” definitions.

22A.020.040    “C” definitions.

22A.020.050    “D” definitions.

22A.020.060    “E” definitions.

22A.020.070    “F” definitions.

22A.020.080    “G” definitions.

22A.020.090    “H” definitions.

22A.020.100    “I” definitions.

22A.020.110    “J” definitions.

22A.020.120    “K” definitions.

22A.020.130    “L” definitions.

22A.020.140    “M” definitions.

22A.020.150    “N” definitions.

22A.020.160    “O” definitions.

22A.020.170    “P” definitions.

22A.020.180    “Q” definitions.

22A.020.190    “R” definitions.

22A.020.200    “S” definitions.

22A.020.210    “T” definitions.

22A.020.220    “U” definitions.

22A.020.230    “V” definitions.

22A.020.240    “W” definitions.

22A.020.250    “X” definitions.

22A.020.260    “Y” definitions.

22A.020.270    “Z” definitions.

22A.020.010 Undefined words and phrases.

The definition of any word or phrase not listed in the definitions, which is in question when administering this title, shall be defined by the community development director from one of the sources set forth below. The sources shall be utilized by finding the desired definition from source number one, but if it is not available there, then source number two may be used and so on. The sources are as follows:

(1) Any city of Marysville resolution, ordinance, code, or regulation.

(2) Any statute or regulation of the state of Washington.

(3) Legal definitions from Washington common law or a law dictionary.

(4) The common dictionary.

(5) A Planners Dictionary published by the American Planning Association. (Ord. 2852 § 10 (Exh. A), 2011).

22A.020.020 “A” definitions.

“A-board” means a temporary portable sign, usually constructed of two pieces of wood, plastic or similar material attached to each other at the top edge, that stands like an “A” or is worn by a person such that one sign face is visible on either side of the sign. See also “Sandwich boards.”

“Abandoned sign” means a sign which for a period of at least 60 consecutive days or longer no longer advertises or identifies a legal business establishment, product or activity.

“Abandoned sign structure” means a sign structure where no sign has been in place for a continuous period of at least three years.

“Accessory dwelling unit” or “ADU.” An accessory dwelling unit is a separate additional living unit, including separate kitchen, sleeping, and bathroom facilities attached or detached from the primary residential unit, on a single-family lot. ADUs are known variously as:

(1) “Mother-in-law apartments”;

(2) “Accessory apartments”; or

(3) “Second units.”

“Accessory structure” means a structure of secondary importance or function on a site. In general, the primary use of the site is not carried on in an accessory structure.

(1) Accessory structures may be attached or detached from the primary structure.

(2) Examples of accessory structures include:

(a) Garages;

(b) Decks;

(c) Fences;

(d) Trellises;

(e) Flag poles;

(f) Stairways;

(g) Heat pumps;

(h) Awnings; and

(i) Other structures.

“Accessory use, commercial/industrial” means:

(1) A use that is subordinate and incidental to a commercial or industrial use; including, but not limited to, the following uses:

(a) Administrative offices;

(b) Employee exercise facilities;

(c) Employee food service facilities;

(d) Incidental storage of raw materials and finished products sold or manufactured on-site;

(e) Business owner or caretaker residence;

(f) Cogeneration facilities; and

(g) Ground maintenance facilities.

(2) Some accessory uses within the scope of this section may be defined separately to enable the code to apply different conditions of approval.

“Accessory use, residential” means:

(1) A use, structure, or activity which is subordinate and incidental to a residence including, but not limited to, the following uses:

(a) Accessory living quarters and dwellings;

(b) Fallout/bomb shelters;

(c) Keeping household pets;

(d) On-site rental office;

(e) Pools, private docks, piers;

(f) Antennas for private telecommunication services;

(g) Storage of yard maintenance equipment; or

(h) Storage of private vehicles; e.g., motor vehicles, boats, trailers or planes.

(2) Some accessory uses within the scope of this section may be defined separately to enable the code to apply different conditions of approval.

“Address sign” means a sign displaying only an address.

“Adjacent property owners” means the owners of real property, as shown by the records of the county assessor, located within 300 feet of any portion of the boundary of the proposed subdivision. In the case of a mortgage company or bank, the occupant of the site address shall also be included. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice shall be given to owners of real property located within 300 feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided.

“Administrative decision” means a permit decision by an officer authorized by the local government. The decision may be for approval, denial, or approval with conditions and is subject to the applicable development standards of the land use or development codes.

“Adult cabaret” means a commercial establishment which presents go-go dancers, strippers, male or female impersonators, or similar entertainers and in which the patrons are exposed to “specified sexual activities” or “specified anatomical areas” regardless of the form of its business organization whether proprietorship, partnership, corporation or other form, and regardless whether the organization is for profit or not. An organization may be an “adult cabaret” even though its patrons are members and it characterizes itself as a club, fraternal organization, church, society or otherwise.

“Adult drive-in theater” means a drive-in theater used for presenting motion picture films, video cassettes, cable television, or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” regardless of the form of its business organization, whether proprietorship, partnership, corporation or other form, and regardless whether the organization is for profit or not. An organization may be an “adult drive-in theater” even though its patrons are members and it characterizes itself as a club, fraternal organization, church, society or otherwise.

“Adult facility or facilities” means an adult cabaret, adult drive-in theater, adult motion picture theater, adult panoram establishment, or body shampoo parlor.

“Adult family home” means a residential home in which a person or persons provide personal care, special 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 or persons providing the services.

“Adult motion picture theater” means an enclosed building used for presenting for commercial purposes motion picture films, video cassettes, cable television, or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.

“Adult panoram establishment or adult panoram” means a business in a building or portion of a building which contains a device(s) which, for payment of a fee, membership fee or other charge, is used to exhibit or display a picture, view, or other graphic display distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” regardless of the form of its business organization, whether proprietorship, partnership, corporation or other form, and regardless whether the organization is for profit or not. An organization may be an “adult panoram establishment” or “adult panoram” even though its patrons are members and it characterizes itself as a club, fraternal organization, church, society or otherwise.

“Aggrieved person” means one whose proprietary, pecuniary or personal rights would be substantially affected by a particular action as determined by the hearing examiner.

“Agricultural crop sales” means the retail sale of fresh fruits, vegetables and flowers produced on-site. This use is frequently found in roadside stands or U-pick establishments.

“Alley” means an improved thoroughfare or right-of-way, whether public or private, usually narrower than a street, that provides vehicular access to an interior boundary of one or more lots, and is not designed for general traffic circulation.

“Alternative energy system” means equipment used to generate thermal and/or electrical energy from non-utility sources. Alternative energy systems may include, but are not limited to, solar, wind, geothermal, etc. See also “Solar energy system.”

“Anadromous fish” means fish that ascend to rivers from the sea for breeding, including salmon and trout.

“Animal, small” means any animal other than livestock or animals considered to be predatory or wild which are kept outside a dwelling unit all or part of the time. Animals considered predatory or wild shall be considered small animals when they are taken into captivity for the purposes of breeding, domestication, training, hunting or exhibition.

“Animated sign” means a sign which has any visible moving part, flashing or oscillating lights, either natural or artificial, or visible movement achieved by any means that move, change, flash, oscillate or visibly alter in appearance, in order to depict action or to create special effects or scenes.

“Antenna” means an apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the provision of personal wireless service and any commingled information services. For the purposes of this definition, the term “antenna” does not include an unintentional radiator, mobile station or device authorized by Part 15 of Title 47 of the Code of Federal Regulations.

“Antenna array” means two or more devices used for the transmission or reception of radio frequency signals, microwave or other signals for commercial communications purposes together with associated mounting hardware, feed lines, or other appurtenances which share a common attachment device, such as a mounting frame or mounting support structure.

“Antenna support structure” means a vertical projection composed of metal or other material with or without a foundation that is designed for the express purpose of accommodating antennas at a desired height. Antenna support structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point of the building by more than 20 feet. Types of support structures include the following:

(1) Guyed antenna support structure (a style of antenna support structure consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of wires that are connected to anchors placed in the ground or on a building).

(2) Lattice antenna support structure (a tapered style of antenna support structure that consists of vertical and horizontal supports with multiple legs and cross-bracing and metal crossed strips or bars to support antenna).

(3) Monopole antenna support structure (a style of freestanding antenna support structure consisting of a single shaft usually composed of two or more hollow sections that are in turn attached to a foundation. This type of antenna support structure is designed to support itself without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground or on a building’s roof).

“Appeal” means a request for review of the interpretation of any provision of MMC Title 22.

Appeal – Standing For.

As provided under RCW 36.70C.060, persons who have standing are limited to the following:

(1) The applicant and the owner of property to which the land use decision is directed; and

(2) Another person aggrieved or adversely affected by the land use decision, or who would be aggrieved or adversely affected by a reversal or modification of the land use decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present:

(a) The land use decision has prejudiced or is likely to prejudice that person.

(b) That person’s asserted interests are among those that the local jurisdiction was required to consider when it made the land use decision.

(c) A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the land use decision; and

(d) The petitioner has exhausted his or her administrative remedies to the extent required by law (RCW 36.70C.060).

Applicant. An application for a permit, certificate, or approval under the land use codes must be made by or on behalf of all owners of the land and improvements. “Owners” are all persons having a real property interest. Owners include:

(1) Holder of fee title or a life estate;

(2) Holder of purchaser’s interest in a sale contract in good standing;

(3) Holder of seller’s interest in a sale contract in breach or in default;

(4) Grantor of deed of trust;

(5) Presumptively, a legal owner and a taxpayer of record;

(6) Fiduciary representative of an owner;

(7) Person having a right of possession or control; or

(8) Any one of a number of co-owners, including joint, in common, by entireties and spouses as to community property.

“Application, complete” means an application that is both counter-complete and determined to be substantially complete as set forth in Chapter 22G.010 MMC, Article I, Consolidated Application Process.

“Area of shallow flooding (floodplain management)” means a designated AO or AH zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.

“Area of special flood hazard (floodplain management)” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letter A or V.

“Assisted living facility” means a multifamily residential use licensed by the state of Washington as a boarding home pursuant to Chapter 18.20 RCW, for people who have either a need for assistance with activities of daily living (which are defined as eating, toileting, ambulation, transfer (e.g., moving from bed to chair or chair to bath), and bathing) or some form of cognitive impairment but who do not need the skilled critical care provided by nursing homes.

(1) An “assisted living facility” contains multiple assisted living units.

(2) An “assisted living unit” is a dwelling unit permitted only in an assisted living facility.

“Attached housing” means two or more dwelling units attached by a common wall at a shared property line. These include:

(1) Townhouses;

(2) Row houses; and

(3) Other similar structures that are single-family residences on individual lots, sharing a common wall at a shared property line.

“Attached sign” means any sign attached or affixed to a building. Attached signs include wall signs, projecting signs, and window signs.

“Attached structure” means any structure that is attached by a common wall to a dwelling unit.

(1) The common wall must be shared for at least 50 percent of the length of the side of the principal dwelling.

(2) A breezeway is not considered a common wall.

(3) Structures including garages, carports, and house additions attached to the principal dwelling unit with a breezeway are still detached structures for purposes of this chapter and its administration.

“Attached WCF” means an antenna or antenna array, including RF-to-lightwave converter equipment, that is secured to an existing building, structure (not including an antenna support structure), utility pole, cross country electrical distribution tower, with or without any accompanying new pole or device which attaches it to the building or structure, together with feed lines, and base station, which may be located either on the roof, inside or outside of the building or structure.

“Automobile holding yard” means a lot, parcel or part thereof used for the storage of motor vehicles.

“Automobile sales lot” means any place outside a building where two or more automobiles are offered for sale or are displayed.

“Automobile wrecking yard” means a lot, land or structure, or part thereof, used for the collecting, dismantling, storage, salvaging or sale of parts of machinery or vehicles not in running condition.

“Awning sign” means a sign attached to an awning, canopy or other similar structure, which is comprised of fabric, plastic or similar materials and is located over an entrance, a window or an outdoor service area at a place of business. An awning sign is a type of wall sign. A marquee sign is an awning sign.

(Ord. 3125 § 3 (Exh. B), 2019; Ord. 2898 § 15, 2012; Ord. 2870 § 4, 2011; Ord. 2852 § 10 (Exh. A), 2011).

22A.020.030 “B” definitions.

“Banner” means a temporary, lightweight sign that contains a message which is attached or imprinted on a flexible surface that deforms under light pressure and that is typically constructed of nondurable materials, including, but not limited to, cardboard, cloth and/or plastic.

“Base elevation” means the average elevation of the approved topography of a parcel at the midpoint on each of the four sides of the smallest rectangle which will enclose the proposed structure, excluding all eaves and decks. The approved topography of a parcel is the natural topography of a parcel or the topographic conditions approved by the city prior to August 10, 1969, or as approved by a subdivision, short subdivision, binding site plan, shoreline substantial development permit, filling and grading permit or SEPA environmental review issued after August 10, 1969. An approved benchmark will establish the relative elevation of the four points used to establish the base elevation.

“Base flood (floodplain management)” means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the “100-year flood.” Designation on maps always includes the letter A or V.

“Base station” means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein nor any equipment associated with a tower. Base station includes, without limitation:

(1) Equipment associated with wireless communications services such as private, broadcast, and public safety services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(2) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems (DAS) and small wireless networks).

(3) Any structure other than a tower that, at the time an eligible facilities modification application is filed with the city under Chapter 22C.250 MMC, supports or houses equipment described in subsections (1) and (2) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

The term does not include any structure that, at the time an eligible facilities modification application is filed with the city under Chapter 22C.250 MMC, does not support or house equipment described in subsections (1) and (2) of this definition.

“Basement (floodplain management)” means any area of the building having its floor subgrade (below ground level) on all sides.

“Battery charging station” means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, 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.

“Battery electric vehicle” or “BEV” means any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries, and produces zero tailpipe emissions or pollution when stationary or operating.

“Battery exchange station” means a full 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 19.27 RCW and consistent with rules adopted under RCW 19.27.540.

“Bed and breakfast guesthouse” means a facility in which one kitchen, a shared dining area, and not more than a total of three guest rooms are available within a single-family residence and/or one outbuilding, providing short-term lodging for paying guests.

“Bed and breakfast inn” means a facility in which one kitchen, a shared dining area, and not more than a total of six guest rooms are available within a single-family residence and/or one outbuilding, providing short-term lodging for paying guests.

“Best available science” means current scientific information used in the process to designate, protect, or restore critical areas, which is derived from a valid scientific process in accordance with WAC 365-195-900 through 365-195-925, as amended.

“Best management practices” or “BMPs” refers to the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water and have been approved by the engineer. BMPs include, but are not limited to, infiltration, retention and/or detention, dispersion, amended soils, biofiltration facilities, bioretention facilities, open ditches with check dams, filter fabric strips, oil/water separators, wet ponds, constructed wetlands, erosion and sedimentation control, and other treatment/abatement facilities.

“Billboard” means a preprinted or hand-painted changeable advertising copy sign which directs attention to businesses, commodities, services, or facilities which are not primarily sold, manufactured, or distributed from the property on which the sign is located and are customarily leased for commercial purposes. The term “billboard” includes both the structural framework that supports a billboard and any billboard faces attached thereto.

“Binding site plan” means a drawing to scale which:

(1) Identifies and shows the areas and locations of all streets, roads, improvements, utilities, and open spaces;

(2) Any other matters required to be identified by the city, and containing inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as established by the city;

(3) Contains provisions making any development be in conformity with the site plan; and

(4) Contains provisions in which an applicant can offer for sale, lease, or transfer of ownership of lots, parcels or tracts.

“Blade/bracket sign” means a small, pedestrian-oriented sign that projects perpendicular from a structure (blade sign) or is hung beneath an awning, canopy, or marquee (bracket sign).

“Block” means a group of lots, tracts or parcels within well-defined and fixed boundaries.

“Boathouse” means a structure specifically designed or used for storage of boats.

“Body shampoo parlor” means any place open to the public where an attendant is present and a patron’s body is washed or shampooed regardless of the form of its business organization, whether proprietorship, partnership, corporation or other form, and regardless whether the organization is for profit or not. An organization may be a “body shampoo parlor” even though its patrons are members and it characterizes itself as a club, fraternal organization, church, society or otherwise. A body shampoo parlor shall not include any barber or beauty salon, medical facility or nursing home facility where a customer or patient may be washed, shaved and/or shampooed.

Bond. See “Suitable guarantee.”

“Boundary line adjustment” means a division made for the purpose of adjusting lot lines between platted and unplatted lots or both which does not create any additional lot, tract, parcel, building site or division, nor create any lot, tract, parcel, building site or division which contains insufficient area and dimension to meet minimum requirements as specified by this title for width and area for lots, tracts, parcels, and building sites.

“Boundary line adjustment/survey map” means a drawing to scale showing all the required information as specified in Chapter 22G.110 MMC.

“Boundary lines” means lines that separate and establish an area with fixed limits for lots, tracts, parcels or building sites.

“Building” means any structure having a roof, but excluding all forms of vehicles even though immobilized. When a use is required to be within a building, or where special authority granted pursuant to this title requires that a use shall be within an entirely enclosed building, then “building” means one so designed and constructed that all exterior walls of the structure shall be solid from the ground to the roof line, and shall contain no openings except for windows and doors which are designed so that they may be closed.

“Building appurtenance” means chimneys, steeples, television and radio antennas, ham radio antennas, flagpoles and vent pipes in any zone, and mechanical systems on structures in zones other than single-family zones.

“Building area” means the total ground coverage of a building or structure which provides shelter measured from the outside of its external walls or supporting members.

“Building envelope” means the area of a lot within which a structure may be placed and that is defined by minimum setbacks.

“Building facade” means the front of the building and any street wall face.

“Building height” means the vertical distance from the base elevation of a building to the highest point of the roof, exclusive of building appurtenances.

“Building line” means the line of that face, corner, roof or part of a building nearest the property line.

“Building official” means the supervisor of the building division, or his or her designee.

“Building setback line” means a line establishing the minimum distance a building may be located from any property line, improvements, rights-of-way, stream, drainage way, steep slope or other boundaries or potential hazards.

“Building site” means an area identified on the face of the proposed plat, short plat or binding site plan establishing buildable areas.

“Bulk retail” means an establishment offering the sale of bulk goods to the general public, including limited sales to wholesale customers. These establishments may include a variety of lines of merchandise such as food, building, hardware and garden materials, dry goods, apparel and accessories, home furnishings, housewares, drugs, auto supplies, hobby, toys, games, photographic, and electronics. (Ord. 3125 § 3 (Exh. B), 2019; Ord. 2852 § 10 (Exh. A), 2011).

22A.020.040 “C” definitions.

“Camouflaged (small wireless facilities)” means the use of shape, color and texture to cause an object to appear to become a part of something else, usually a structure, such as a building, wall or roof. “Camouflage” does not mean invisible, but rather appearing as part of or exactly like the structure used as a mount.

“Canopy sign” means any permanent sign attached to or constructed underneath a canopy. These signs are below a projecting structure, which extends over the pedestrian walkway and which would effectively prevent a wall sign from being visible to the pedestrian walking under the canopy. See also “Projecting sign” and “Blade/bracket sign.”

“Capital facilities plan” means all documents comprising the capital facilities element of the comprehensive plan that, for capital facilities, consists of an inventory of facilities owned by public entities, forecasts of future needs, new and expanded facilities, and a multi-year financing plan, adopted pursuant to Chapter 36.70A RCW.

“Caretaker’s quarters” means a dwelling unit which is accessory to a permitted commercial or institutional use that is occupied exclusively by the caretaker or manager employed by the business or institution which it serves. Said dwelling unit must be located on the same property of the business or institution it serves; is limited to one such unit per property; and must be demonstrated to be clearly incidental and subordinate to the primary business or institutional use and the structure it serves.

“Carport” means a structure to house or protect motor vehicles owned or operated by the occupants of the main building, and which has at least 40 percent of the total area of its sides open to the weather.

“Certificate of occupancy” means a permit to occupy a premises issued by the building official after inspection has verified compliance with the requirements and provisions of this title and applicable building codes.

“Change of occupancy” means a change of use from one major land use category to another, and shall be determined to have occurred when it is found that the general character of the operation has been modified and results in an intensification of land use that will require new development conditions to comply with existing regulations. This determination shall include review of, but not be limited to:

(1) Hours of operation;

(2) Materials processed or sold;

(3) Required parking;

(4) Traffic generation;

(5) Impact on public utilities;

(6) Clientele; and

(7) General appearance and location.

“Changeable copy sign” means a sign or portion thereof on which the copy or symbols change either automatically through electrical or electronic means (for example, time and temperature units), or manually through placement of letters or symbols on a panel mounted in or on a track system.

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

(1) Level 1 is considered slow charging.

(2) Level 2 is considered medium charging.

(3) Level 3 is considered fast or rapid charging.

“City” means the city of Marysville, Washington.

“City gateway sign” means a sign constructed and maintained by the city to welcome citizens and visitors to the city. Gateway signs are usually installed along major arterial streets leading into the city.

“City standards” means the engineering design and development standards as published by the department of public works.

“Clearance of a sign” means the smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.

“Clearing” means the removal of timber, brush, grass, groundcover or other vegetative matter from a site which exposes the earth’s surface of the site.

“Clinic” means a building designed and used for the medical, dental or surgical diagnosis or treatment of patients under the care of doctors and/or nurses.

“Closed record appeal hearing” means a hearing, conducted by a single hearing body or officer authorized to conduct such hearings, that relies on the existing record created during a quasi-judicial hearing on the application. No new testimony or submission of new evidence and information is allowed.

“Club” means an incorporated or unincorporated association of persons organized for a social, fraternal, athletic, educational, literary or charitable purpose. Property predominantly occupied by a club is semiprivate in character and shall be subject to the regulations governing public buildings and places, excluding groups organized primarily to render a service which is normally considered a business.

“Cogeneration” means the sequential generation of energy and useful heat from the same primary source or fuel for industrial, commercial, or residential heating or cooling purposes.

“Co-location” means the practice of installing and operating multiple wireless carriers, service providers, and/or radio common carrier licensees on the same antenna support structure or attached wireless communication facility using different and separate antenna, feed lines and radio-frequency-generating equipment.

“Combined antenna” means an antenna or an antenna array designed and utilized to provide multiple services or services for more than one wireless provider for the same or similar type of services.

“Commercial use” means an activity with goods, merchandise or services for sale or involving a rental fee, including any garage sale which fails to comply with one or more of the conditions specified in the definition thereof contained in this chapter.

“Commercial vehicle” means a motor vehicle used for purposes other than a family car, such as a taxi, delivery or service vehicle.

“Community meeting” means an informal meeting, workshop, or other public meeting to obtain comments from the public or other agencies on a proposed project permit generally prior to the submission of an application.

(1) A community meeting is between an applicant and owners, residents of property in the immediate vicinity of the site of a proposed project and the public, conducted prior to the submission of an application to the city of Marysville.

(2) A community meeting does not constitute an open record hearing.

(3) The proceedings at a community meeting may be recorded and a report or recommendation shall be included in the permit application file.

“Compensatory mitigation” means replacing project-induced losses or impacts to a critical area including, but not limited to, the following:

(1) Restoration. Actions performed to re-establish wetland functional characteristics and processes that have been lost by alterations, activities, or catastrophic events within an area that no longer meets the definition of a wetland.

(2) Creation. Actions performed to intentionally establish a wetland at a site where it did not formerly exist.

(3) Enhancement. Actions performed to improve the condition of existing degraded wetlands so that the functions they provide are of a higher quality.

(4) Preservation. Actions taken to ensure the permanent protection of existing high-quality wetlands.

“Comprehensive plan” means the city of Marysville comprehensive plan, a document adopted pursuant to Chapter 36.70A RCW providing land use designations, goals and policies regarding land use, housing, capital facilities, housing, transportation, and utilities.

“Comprehensive plan amendment” means an amendment or change to the text or maps of the comprehensive plan.

“Concealed WCF,” sometimes referred to as a “stealth” facility, means the antenna or antenna array, antenna support structure, base station, and feed lines are not readily identifiable as such, and are designed to be aesthetically compatible with existing and proposed building(s) and uses on a site. Examples of concealed attached facilities include, but are not limited to, the following: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers or other architectural features that blend with an existing or proposed building or structure. Examples of concealed antenna support structures can have a secondary, obvious function which may be, but is not limited to, the following: church steeple, windmill, bell tower, clock tower, cupola, light standard, utility pole, flagpole with or without a flag, or tree.

“Concealment (small wireless facilities)” means fully hidden from view. For example, a WCF is concealed when it is completely hidden or contained within a structure, such as a building, wall or roof. The aesthetic and concealment provisions in MMC 22C.250.130 govern the deployment of small wireless facilities.

“Conditional use” means a use permitted in one or more zones as defined by this title but which, because of characteristics peculiar to such use, or because of size, technological processes or 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. A conditional use is a form of special exception.

“Conditional use permit” means a permit granted by the city to locate a permitted use on a particular property subject to conditions placed on the permitted use to ensure compatibility with nearby land uses.

“Condominium” means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in unit owners, and unless a declaration and a survey map and plans have been recorded pursuant to Chapter 64.34 RCW.

“Consolidation” means removal of one or several antenna support structure(s) or attached WCF located within a 1,500-foot radius of the center of the consolidated antenna support structure and its base station in order to encourage compliance with this chapter or to improve aesthetics or functionality of the overall wireless network.

“Construction sign” means a sign on the site of a construction project that identifies the project, its character, or purpose and that may include the architects, engineers, planners, contractors or other individuals or firms involved.

“Contiguous parcels” means land adjacent to other land which is under the same ownership and not separated by public right-of-way.

“Cottage housing developments” means a grouping of small, single-family dwelling units, clustered around a common area and developed with a coherent plan for the site in accordance with MMC 22C.010.280, Cottage housing developments.

“Council” means the city council of the city of Marysville.

“County” means Snohomish County, Washington.

“Covenants, conditions, and restrictions” or “CC&Rs” means a document setting forth the covenants, conditions, and restrictions applicable to a development, recorded with the Snohomish County auditor and, typically, enforced by a property owner’s association or other legal entity.

“Critical areas” means areas of environmental sensitivity, which include the following areas and ecosystems:

(1) Wetlands;

(2) Fish and wildlife habitat; and

(3) Geologically hazardous areas.

“Critical facility (floodplain management)” means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use or store hazardous materials or hazardous waste.

“Critical habitat” or “critical wildlife habitat” means habitat areas associated with threatened, endangered, sensitive, or priority species of plants, fish, or wildlife and which, if altered, could reduce the likelihood that the species will maintain and reproduce over the long term. Areas are documented with reference to lists, categories and definitions of species promulgated by the Washington State Department of Wildlife (nongame data system special animal species) as identified in WAC 232-12-011 or 232-12-014 and in the priority habitat species lists compiled in compliance with WAC 365-190-080; or by rules and regulations adopted currently or hereafter by the U.S. Fish and Wildlife Service, copies of which are available at the community development department. Critical habitat also includes the following types of areas:

(1) Regionally rare native fish and wildlife habitat (i.e., one of five or fewer examples of the habitat type within the city of Marysville).

(2) Fish and wildlife areas with irreplaceable ecological functions, including the following:

(a) Estuarine marshes meeting any of the following criteria:

(i) The area is listed as a National Wildlife Refuge, National Park, National Estuary Reserve, Natural Area Preserve or any preserve or reserve designated under WAC 332-30-151;

(ii) The total area is five acres or greater and contains at least two estuarine wetland habitat classes; or

(iii) The total area is less than five acres and meets four of the following conditions:

(A) Area is greater than one acre;

(B) Contains at least two estuarine wetland classes;

(C) Shows minimum evidence of human-caused physical alteration, such as diking, filling, cultivating, etc.;

(D) Contains a functional tidal channel(s) or is connected to a tidal stream;

(E) Within a watershed that has few to moderate point or nonpoint water quality problems cited by the Department of Ecology; or

(F) Land adjacent to more than 75 percent of the area’s border is agricultural or relatively undisturbed forest;

(b) Eelgrass and kelp beds (floating or nonfloating) with greater than 50 percent macroalgal cover during August or September;

(c) Category I wetlands as defined in MMC 22E.010.060;

(d) Documented commercial and recreational shellfish beds managed by the Washington State Department of Fisheries;

(e) State Nature Area Preserves or Natural Resource Conservation Areas identified by state law and managed by the Department of Natural Resources;

(f) Documented habitat or presence of threatened and endangered species;

(g) Documented habitat of regional or national significance for migrating birds;

(h) Naturally occurring ponds stocked with native game fish by government or tribal entities, and naturally occurring ponds greater than one acre and less than 20 acres in area, not more than 50 percent of which is covered by emergent aquatic vegetation, shrubs or trees, and whose maximum depth does not exceed 6.6 feet.

“Crops” means all plants grown for human or animal consumption or use.

“Cul-de-sac,” “court” or “dead end street” means a short street having one end open to traffic and being permanently or temporarily terminated by a vehicle turn-around. (Ord. 3130 § 4 (Exh. B), 2019; Ord. 3125 § 3 (Exh. B), 2019; Ord. 3022 § 3, 2016; Ord. 2979 § 1, 2014; Ord. 2959 § 1, 2014; Ord. 2932 § 1, 2013; Ord. 2852 § 10 (Exh. A), 2011).

22A.020.050 “D” definitions.

“Day” means a calendar day. A time period expressed in a number of days is computed by excluding the first day and including the last day. When an act to be done requires a city business day, and the last day by which the act may be done is not a city business day, then the last day to act is the following business day.

“Day care” means an establishment for group care of nonresident adults or children.

(1) Day care shall include, but not be limited to, child day care services, adult day care centers and the following:

(a) Adult day care, such as adult day health centers or social day care as defined by the Washington State Department of Social and Health Services;

(b) Nursery schools for children under minimum age for education in public schools;

(c) Privately conducted kindergartens or prekindergartens when not a part of a public or parochial school; and

(d) Programs covering after-school care for school children.

(2) Day care establishments are subclassified as follows:

(a) Day care I – A facility that provides day care to a maximum of 12 adults or children in any 24-hour period; and

(b) Day care II – A facility that provides day care to over 12 adults or children in any 24-hour period.

“Deciduous” means a plant species with foliage that is shed annually.

“Dedicatory statement” means a statement or representation on the final plat of those conditions and restrictions required to appear on the face of the final plat as a condition of plat approval.

“Density” means the number of housing units per acre as permitted by this title.

“Department” means the city of Marysville community development department.

“Department of Ecology” or “DOE” means the Washington State Department of Ecology.

“Detached building” means a building surrounded on all sides by open space.

“Developed street” and “right-of-way (wireless communication facilities)” mean any public right-of-way classified as an alley (in commercial areas only), residential access street, collector street, minor arterial, or principal arterial and which is partially or fully developed and devoted to transportation use by the public at large. The term shall be interpreted to be synonymous with the term “right-of-way” as defined in RCW 35.99.010(5).

“Developer” means a person applying for or receiving a permit or approval for a development.

“Development” means any proposed land use, zoning, or rezoning, comprehensive plan amendment, annexation, subdivision, short subdivision, planned residential development, binding site plan, conditional use permit, shoreline development permit, or any other property development action permitted or regulated by the Marysville Municipal Code.

“Development (floodplain management)” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.

“Directional sign” means a single-faced or double-faced sign not exceeding six square feet in surface area per side designed to guide or direct pedestrian or vehicular traffic to an area, place or convenience. Advertising on said signs shall be limited to incidental graphics such as trade names and trademarks. A directional sign is a type of instructional sign.

“Director” means the community development director for the city of Marysville.

“Division of land” means any segregation not otherwise exempt as provided for under the provisions of this title which alters the shape, size or legal description of any part of any owner’s land. A tax segregation does not constitute a division of land for the purpose of meeting the requirements of Chapter 58.17 RCW and this title.

“Dock” means a basin for moorage of boats, including a basin formed between the extension of two piers or the area between a bank or quay and a pier. Docking facilities may include wharves, moorage or docks or any place or structure connected with the shore or upon shorelands provided for the securing of a boat or vessel.

“Drop box facility” means a facility used for receiving solid waste and recyclables from off-site sources into detachable solid waste containers, including the adjacent areas necessary for entrance and exit roads, unloading and vehicle turnaround areas. Drop box facilities normally service the general public with loose loads and may also include containers for separated recyclables.

“Duplex” means a building that contains two primary dwelling units. The units must share a common wall with the adjacent unit that extends from foundation to roof, or a common floor/ceiling.

“Dwelling” means a shelter in which a person or people live.

“Dwelling unit” means a building, or a portion of a building, that has independent living facilities including provisions for sleeping, cooking, and sanitation, and that is designed for residential occupancy by a group of people. Buildings with more than one set of cooking facilities are considered to contain multiple dwelling units unless the additional cooking facilities are clearly accessory, such as an outdoor grill. (Ord. 3125 § 3 (Exh. B), 2019; Ord. 3107 § 1, 2018; Ord. 3054 § 3, 2017; Ord. 2852 § 10 (Exh. A), 2011).

22A.020.060 “E” definitions.

“Easement” means a right granted by a property owner to specifically named parties or to the public for the use of certain land for specified purposes.

“Effective date” means the date a final decision becomes effective.

“EIS” means environmental impact statement.

“Elderly” means a person 62 years of age or older.

“Electric scooters and motorcycles” means any two-wheel vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries and produces zero emissions or pollution when stationary or operating.

“Electric sign” means any sign containing electrical wiring, lighting, or other electrical components, but not including signs illuminated by a detached exterior light source.

“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.

“Electric vehicle charging station” means a public or private parking space that is served by 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 energy storage device in an electric vehicle. An electric vehicle charging station equipped with Level 1 or Level 2 charging equipment is permitted outright as an accessory use to any principal use.

“Electric vehicle charging station – public” means an electric vehicle charging station that is:

(1) Publicly owned and publicly available (e.g., park and ride parking, public library parking lot, on-street parking); or

(2) Privately owned and publicly available (e.g., shopping center parking, nonreserved parking in multifamily parking lots).

“Electric vehicle charging station – restricted” means an electric vehicle charging station that is:

(1) Privately owned and restricted access (e.g., single-family home, executive parking, designated employee parking); or

(2) Publicly owned and restricted (e.g., fleet parking with no access to the general public).

“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 excha nge stations.

“Electric vehicle parking space” means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle.

“Electronic message sign” means a variable message sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs or a flipper matrix. Also known as “changeable copy sign.”

“Elevated building (floodplain management)” means, for insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

“Eligible facilities request” means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

(1) Co-location of new transmission equipment;

(2) Removal of transmission equipment; or

(3) Replacement of transmission equipment.

Criteria on what constitutes a substantial change is set forth in MMC 22C.250.210.

“Eligible support structure” means any existing tower or base station as defined in Chapter 22C.250 MMC; provided, that it is existing at the time an eligible facilities modification application is filed with the city.

“Emergency notification services” means services that notify the public of an emergency.

“Emergency services” means 911 emergency services and emergency notification services.

“Emergency support services” means information or database management services used in support of emergency services.

“Energy resource recovery facility” means an establishment for recovery of energy in a usable form from mass burning or refuse-derived fuel incineration, pyrolysis or any other means of using the heat of combustion of solid waste.

“Engineering feasibility study” means a report prepared by a licensed professional engineer qualified by training to have expert engineering knowledge of a particular subject. The report will identify the capability of the land to withstand disturbance, such as erosion, sedimentation, geological hazards, or other aspects of the development.

“Environmentally sensitive areas” means those areas regulated by Chapter 22E.010 MMC, and their buffers.

“Equipment, heavy” means high-capacity mechanical devices for moving earth or other materials, and mobile power units including, but not limited to:

(1) Carryalls;

(2) Graders;

(3) Loading and unloading devices;

(4) Cranes;

(5) Drag lines;

(6) Trench diggers;

(7) Tractors;

(8) Augers;

(9) Bulldozers;

(10) Concrete mixers and conveyers;

(11) Harvesters;

(12) Combines; or

(13) Other major agricultural equipment and similar devices operated by mechanical power as distinguished from manpower.

“Erosion” means the wearing away of the earth’s surface as a result of the movement of wind, rain, water and other natural agents which mobilize and transport soil particles.

“Erosion hazard areas” means lands or areas that, based on a combination of slope inclination and the characteristics of the underlying soils, are susceptible to varying degrees of risk of erosion. Erosion hazard areas are classified as low hazard, moderate hazard and high hazard, based on the following criteria:

(1) Low Hazard. Areas sloping less than 15 percent.

(2) Moderate Hazard. Areas sloping between 15 and 40 percent and underlain by soils that consist predominantly of silt, clay, bedrock or glacial till.

(3) High Hazard. Areas sloping between 15 and 40 percent that are underlain by soils consisting largely of sand and gravel, and all areas sloping more steeply than 40 percent.

“Evergreen” means a plant species with foliage that persists and remains green year-round.

“Ex parte communication” means any oral or written communication made by any person, including a city employee or official, pertaining to a matter that is or will be within the jurisdiction of the City Council, Hearing Examiner or Planning Commission made outside of a public record.

“Existing and ongoing agricultural activities (small farms overlay zone)” means those activities involved in the production of crops and livestock, and changes between agricultural activities and uses, and normal operation, maintenance, repair, or reconstruction of existing serviceable structures, as well as construction of new farm structures, facilities or improved areas. An operation ceases to be ongoing when a formal plat has been approved by the city for development of the small farm.

“Existing and ongoing agricultural activities” means those activities involved in the production of crops and livestock, including but not limited to operation and maintenance of farm and stock ponds or drainage and irrigation systems, changes between agricultural activities and uses, and normal operation, maintenance, repair, or reconstruction of existing serviceable structures, facilities or improved areas. Activities which bring an area into agricultural use are not part of an ongoing activity. An operation ceases to be ongoing when the area on which it was conducted is proposed for conversion to a nonagricultural use or has lain idle for a period of longer than five years, unless the idle land is registered in a federal or state soils conservation program. Forest practices are not included in this definition.

“Existing manufactured home park or subdivision (floodplain management)” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations.

“Existing (wireless communication facilities)” for purposes of Chapter 22C.250 MMC where it is related to a constructed tower or base station, means a constructed tower or base station that has been reviewed and approved under the applicable zoning or siting process or under another applicable state or local regulatory review process, and the term also includes a tower that was lawfully constructed but that was not reviewed and approved because it was not in a zoned area when it was built.

“Exotic species” means any species of plant or animal that is not indigenous to the area.

“Expansion to an existing manufactured home park or subdivision (floodplain management)” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). (Ord. 3125 § 3 (Exh. B), 2019; Ord. 2852 § 10 (Exh. A), 2011).

22A.020.070 “F” definitions.

“FAA” means the Federal Aviation Administration.

“Facade” means all the wall planes of a structure as seen from one side or view. For example, the front facade of a building would include all of the wall area that would be shown on the front elevation of the building plans.

“Factory-built commercial building or modular” means any structure that is either entirely or substantially prefabricated or assembled at a place other than a building site; and designed or used for nonresidential human occupancy. Such structures meet all requirements of the International Building Code. Once erected at the site, they are not mobile and are not considered to be mobile/manufactured homes.

“Factory-built housing or modular” means a structure constructed and partially assembled in a factory and transported to the building site for final erection. Such structures meet all requirements of the International Building Code. Once erected at the site, they are not mobile and are not considered to be mobile/manufactured homes.

“Farm product processing” means the processing and packaging of seasonally grown agricultural products or the cutting of flesh of domestic farm animals for individual customers, but shall not include their conversion to manufactured products.

“FCC” means the Federal Communications Commission.

“Federal manual” or “federal methodology” means the methodology for identifying wetlands in the field as described in the U.S. Army Corps of Engineers Wetlands Delineation Manual (January 1989).

“Fence” means a barrier for the purpose of enclosing space or separating lots, composed of masonry or concrete walls, or posts connected by boards, rails, panels, wire or mesh.

Fence, Sight-Obscuring. The minimum for a “sight-obscuring fence” is a chainlink fence with permanently attached, woven slats in every row or available space of the fence.

“Fill” means the act of placing (by any manner or mechanism) fill material to or on any soil surface, sediment surface, or other fill material.

“Final approval” means the final official action taken by the city on a proposed subdivision, or short subdivision, where all the conditions of preliminary approval have been met.

“Final decision” means the final action by the director, hearing examiner, or city council.

“Final plat” means the final permanent reproducible drawing and dedication of the subdivision required for filing for record with the county auditor and containing all elements and requirements set forth in state law and in this title.

“Final short plat” means the final permanent reproducible drawing and dedication of the short subdivision required for filing for record with the county auditor and containing all elements and requirements set forth in state law and this title.

“Final site plan” means a drawing to scale, showing uses and structures proposed for a parcel of land as required by the regulations of this title, and approved by the city, which shall constitute an integral part of the approval process.

“Fish report” means a report, prepared by a qualified consultant, that evaluates fish and aquatic animal communities and fish functions and values on a site, consistent with the format and requirements established by this chapter.

“Flagpole” means a tall pole on which a flag is or can be displayed.

“Flashing sign” means an illuminated sign which lights suddenly or intermittently. A strobe light used to attract attention to a business is an example of a flashing sign.

“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters; and/or

(2) The unusual and rapid accumulation of runoff of surface waters from any source.

“Flood insurance rate map” or “FIRM” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the city.

“Flood insurance study (floodplain management)” means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.

“Floodway (floodplain management)” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

“Floor area” means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walls and from the centerline of division walls. Floor area includes basement space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces with headroom of seven feet six inches or more, penthouse floors, interior balconies and mezzanines, and enclosed porches. Floor area shall not include accessory water tanks and cooling towers, mechanical equipment or attic spaces with headroom of less than seven feet six inches, exterior steps or stairs, terraces, breezeways and open spaces.

“Flush-mounted” means any antenna or antenna array attached directly to the face of the antenna support structure, structure, or building. Where a maximum flush-mounting distance is given, that distance shall be measured from the outside edge of the support structure or building to the inside edge of the antenna.

“Forest product sales” means the sale of goods produced, extracted, consumed, gathered or harvested from a forest including, but not limited to:

(1) Trees;

(2) Wood chips;

(3) Logs;

(4) Fuelwood;

(5) Cones;

(6) Christmas trees;

(7) Berries;

(8) Herbs; or

(9) Mushrooms.

“Forest research” means the performance of scientific studies relating to botany, hydrology, silviculture, biology and other branches of science in relation to management of forest lands, including but not limited to commercial physical and biological research, noncommercial research organizations, and testing laboratories.

“Freestanding sign” means a sign on a frame, pole, or other support structure that is not attached to any building. (Ord. 3054 § 4, 2017; Ord. 2852 § 10 (Exh. A), 2011).

22A.020.080 “G” definitions.

“Garage” means:

(1) A covered structure designed to provide shelter for vehicles, and which is accessory to a use in these structure types:

(a) Houses;

(b) Attached houses;

(c) Duplexes;

(d) Mobile homes; or

(e) Houseboats.

(2) Floor area adjacent to the space designed to provide shelter for vehicles, if not entirely separated from the garage area by floor-to-ceiling walls, is considered part of the garage.

(3) A garage may be attached to or detached from another structure.

“Garage, commercial” means a building or portion thereof designed and used for the storage, repair or servicing of motor vehicles or boats as a business.

“Garage or yard sale sign” means a temporary sign used to direct people to a sale of personal household possessions.

“Garage sale” means the sale of used household personal items by the owner thereof.

“Gasoline service station” means any area of land, including the structures thereon, that is used for the sale of gasoline or other motor fuels, oils, lubricants and auto accessories and which may or may not include washing, lubricating and other minor servicing but not painting operation.

“General business service” means an establishment engaged in providing services to businesses or individuals, with no outdoor storage or fabrication, including but not limited to the following uses:

(1) Depository institutions;

(2) Nondepository credit institutions;

(3) Security and commodity brokers, dealers, exchanges, and services;

(4) Insurance carriers;

(5) Real estate;

(6) Holding and other investment offices;

(7) Miscellaneous personal services, not elsewhere classified;

(8) Business services and general office uses;

(9) Outdoor advertising services; and

(10) Membership organizations, including administrative offices of organized religions, but excluding churches and places of worship.

“Geologic hazard area maps” means the geologic hazard area maps prepared for Snohomish County Tomorrow, July 1991, and associated reports. The maps are adopted by the city of Marysville and indicate the potential presence of geologic hazards.

“Geologic hazard areas” means lands or areas characterized by geologic, hydrologic and topographic conditions that render them susceptible to potentially significant or severe risk of landslides, erosion, or seismic activity.

“Geotechnical study” means a professional report by a certified and licensed geotechnician/civil engineer on a land development project, to determine susceptibility of geological hazards such as erosion, landslides, earthquakes, and other geologic events.

“Golf facility” means a recreational facility, under public or private ownership, designed and developed for uses including, but not limited to:

(1) A golf course;

(2) A driving range;

(3) Miniature golf;

(4) Pro shops;

(5) Caddyshack buildings;

(6) Restaurants;

(7) Office and meeting rooms; and

(8) Related storage facilities.

Grade. See “Base elevation.”

“Grading” means any excavating, filling, clearing, leveling, or contouring of the ground surface by human or mechanical means.

“Gross project area” means the total project site.

“Groundcover” means living plants designed to grow low to the ground (generally one foot or less) and intended to stabilize soils and protect against erosion.

“Growth Management Act” or “GMA” means Chapter 36.70A RCW, as now in existence or as hereafter amended. (Ord. 2852 § 10 (Exh. A), 2011).

22A.020.090 “H” definitions.

“Habitat management” means management of land to maintain species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. This does not imply maintaining all habitat or individuals of all species in all cases.

“Habitat map” means the fish and wildlife conservation areas maps prepared for Snohomish County Tomorrow, July 1991, and associated reports. The maps are adopted by the city of Marysville and indicate the potential presence of wildlife species.

“Hearing examiner” means the land use hearing examiner for the city.

“Home occupation” means any activity carried out for gain by a resident and conducted as a customary, incidental, and accessory use in the resident’s dwelling unit.

“Home, rest, convalescent, or for the aged” means a home operated similarly to a boardinghouse but not restricted to any number of guests or guest rooms, and in which nursing, dietary and other personal services are furnished to convalescents, invalids and aged persons, but in which homes are kept no persons suffering from an acute mental sickness, or from a contagious or communicable disease, and in which homes are performed no surgery or other primary treatments such as are customarily provided in hospitals, and in which no persons are kept or served who normally would be admitted to a mental hospital.

“Homeowners’ association” means any combination or group of persons or any association, corporation or other entity that represents homeowners residing in a short subdivision, subdivision or planned residential development. A homeowners’ association shall be an entity legally created under the laws of the state of Washington.

“Hospital” means an establishment which provides accommodations, facilities and services over a continuous period of 24 hours or more, for observation, diagnosis and care, of two or more individuals, not related by blood or marriage to the operator, who are suffering from illness, injury, deformity or abnormality, or from any condition requiring obstetrical, medical or surgical services.

“Hotel” means a building, other than a motel, providing six or more rooms for public lodging especially for temporary guests, but which does not have cooking facilities in individual rooms. A central kitchen and dining room and accessory shops and services catering to the general public can be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care.

“House” means a detached dwelling unit located on its own lot.

“Household” means a housekeeping unit consisting of:

(1) An individual;

(2) Two or more persons related by blood or marriage;

(3) A group of two or more disabled residents protected under the Federal Fair Housing Amendment Act of 1988;

(4) Adult family homes as defined under Washington State law; or

(5) A group living arrangement where six or fewer residents receive support services such as counseling, foster care or medical supervision at the dwelling unit by resident or nonresident staff; and

(6) Up to six residents not related by blood or marriage, or in conjunction with any of the above individuals or groups, may occupy a dwelling unit. For purposes of this definition, minors living with parent or legal guardian shall not be counted as part of the maximum number of residents. (Ord. 2852 § 10 (Exh. A), 2011).

22A.020.100 “I” definitions.

“Impact fee” means a charge or fee assessed by the city which mitigates all or any portion of a direct impact.

“Impervious surface” means any nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle including, but not limited to, roof tops, swimming pools, paved or graveled roads or parking areas and excluding landscaping and surface water retention/detention facilities. Low impact development methods including, but not limited to, pervious pavement systems, green roofs and the area within minimal excavation foundations may reduce impervious area subject to consistency with the Low Impact Development Technical Guidance Manual for Puget Sound and approval of the city engineer.

“Improvement” means any structure or construction including, but not limited to, buildings, roads, storm drainage systems, sanitary sewage facilities, water mains, pedestrian and landscaping improvements.

“In-kind mitigation” means measures taken to replace critical areas with substitute areas whose characteristics and functions closely approximate those destroyed or degraded by a regulated activity. It does not mean replacement “in-category.”

“Incidental signs” are small signs of a noncommercial nature without advertising, intended primarily for the convenience of the public, about goods, facilities, or services available on the premises including, but not limited to, restrooms, hours of operation, entrances and exits to buildings and parking lots, help wanted, public telephones, acceptable credit cards, property ownership or management, or recycling containers.

“Indirect lighting” means lighting displayed or reflected on the surface or face of a sign, which is not inside the sign and not a part of the sign proper.

“Instructional signs” means a sign clearly intended for instructional purposes, as determined by the community development director, and shall not be included in the permitted sum of the sign area of identification wall signs, provided such sign is not larger than six square feet per sign, and such sign is not in a location, and does not include design characteristics, that constitutes or serves the purposes of an identification sign.

“Interim recycling facility” means a site or establishment engaged in collection or treatment of recyclable materials, which is not the final disposal site, and including:

(1) Drop boxes;

(2) Source-separated, organic waste processing facilities; and

(3) Collection, separation and shipment of glass, metal, paper or other recyclables to others who will re-use them or use them to manufacture new products.

“Internally illuminated signs” means any sign where light shines through a transparent or semi-transparent sign face to illuminate the sign’s message. Exposed neon is considered to be a form of internal illumination. (Ord. 2852 § 10 (Exh. A), 2011).

22A.020.110 “J” definitions.

“Jail” means a facility operated by a governmental agency; designed, staffed and used for the incarceration of persons for the purposes of punishment, correction and rehabilitation following conviction of an offense. (Ord. 2852 § 10 (Exh. A), 2011).

22A.020.120 “K” definitions.

“Kennel, commercial” means any lot or unit of adjoining lots in the city on which a total of more than four dogs and/or cats, or a combination of the same, over three months of age are kept and/or maintained for board, propagation, training or treatment. The term “commercial kennel” shall not apply to legally established commercial enterprises which operate exclusively as veterinary hospitals or clinics, pet stores, pet daycares, or grooming parlors.

“Kennel, exhibitor/breeding” means a place at or adjoining a private residence where three, but not more than 20, adult dogs, cats, or combination thereof, owned by persons residing on said property, are kept for the primary purpose of participating in dog shows or other organized competitions or exhibitions.

“Kennel, hobby” means any lot or unit of adjoining lots in the city on which a total of more than four dogs and/or cats, or a combination of the same, over three months of age are kept; provided, that such animals must be owned by the occupants of the property and must be kept primarily for the use and enjoyment of said occupants, including but not limited to the raising of the animals for show purposes. (Ord. 2985 § 3, 2015; Ord. 2852 § 10 (Exh. A), 2011).

22A.020.130 “L” definitions.

“Land surveyor” means an individual licensed as a land surveyor pursuant to Chapter 18.43 RCW.

“Landfill” means a disposal facility or part of a facility at which solid waste is placed in or on land.

“Landslide” means episodic downslope movement of a mass of soil or rock and includes snow avalanches.

“Landslide hazard areas” means areas that, due to a combination of slope inclination and relative soil permeability, are susceptible to varying degrees of risk of landsliding. Landslide hazard areas are classified as Classes I through IV based on the degree of risk as follows:

(1) Low Hazard. Areas with slopes of less than 15 percent.

(2) Moderate Hazard. Areas with slopes of between 15 and 40 percent and that are underlain by soils that consist largely of sand, gravel, bedrock or glacial till.

(3) High Hazard. Areas with slopes between 15 percent and 40 percent that are underlain by soils consisting largely of silt and clay, and all areas sloping more steeply than 40 percent.

(4) Very High Hazard. Areas with slopes over 40 percent and areas of known mappable landslide deposits.

“Least visually obtrusive profile” means the design of a wireless communication facility intended to present a visual profile that is the minimum profile necessary for the facility to properly function.

“Licensed carrier” means any person, firm or entity licensed by the FCC to provide personal wireless services and which is in the business of providing the same.

“Livestock” means all animals commonly raised on farms, whether now or in the future, and includes such animals as emus, ostriches, buffaloes, llamas, and the like, which are not traditional farm animals but are raised on farms throughout the nation. Livestock does not include dogs, cats or exotic animals as defined by city ordinance or state statute.

Lot.

(1) “Lot” is a parcel or tract of land so designated on a recorded plat or assessor’s plat, or:

(a) In an unplatted area, a tract having frontage on a public street or private street within a planned residential development or binding site plan and having the minimum size and dimensions required for a building site by the zoning code; or

(b) A building site designated as such on an approved planned development plan; or

(c) An unplatted area, legally created, and having the minimum size and dimensions required for a building site by the zoning code, but that does not have frontage on a public street.

(2) A tract consisting of more than one contiguous lot may be considered as one lot for development purposes, subject to interpretation of the location of the front and rear yards.

(3) A “corner lot” is a lot bounded on two adjacent sides by intersecting public streets.

(4) An “interior lot” is a lot other than a corner lot.

(5) A “through lot” is a lot bounded on opposite sides by parallel or approximately parallel public streets.

“Lot area” means the total horizontal area within the boundary lines of a lot, excluding any access easements or panhandles. For purposes of this definition, a “panhandle” means a narrow strip of land designed for access purposes which does not, itself, meet the full frontage or width requirements of a lot.

Lot Depth. The depth of a lot is the horizontal distance between the front lot line and the rear lot line measured in the main direction of the side lot lines.

“Lot lines” means the property lines along the edge of a lot or site.

(1) “Front lot line” means the yard abutting an improved street from which the lot gains primary access or the yard abutting the entrance to a building and extending the full width of the lot. If this definition does not establish a front yard setback, the community development director shall establish the front yard based upon orientation of the lot to surrounding lots and the means of access to the lot. A lot line, or segment of a lot line, that abuts a street.

(a) On a corner lot, the other lot line abutting the intersecting street shall become a side street lot line having a reduced setback requirement of 10 feet; except when the side street lot line abuts a designated arterial, in which case the side street setback shall be 15 feet and the rear setback can be reduced to 10 feet.

(b) A through lot has two front lot lines.

(2) “Rear lot line” means the lot line opposite and most distance from the front lot line. In the case of triangular or other irregularly shaped lots, it means a line 20 feet in length within the lot, parallel to and at the maximum distance from the front lot line.

(3) “Side lot line” means a lot line that is neither a front nor rear lot line.

(4) “Side street lot line” means a lot line that is both a side lot line and a street lot line.

(5) “Street lot line” means a lot line, or segment of a lot line, that abuts a street.

(a) “Street lot line” does not include lot lines that abut an alley.

(b) On a corner lot, there are two (or more) street lot lines.

(c) Street lot lines can include front lot lines and side lot lines.

Lot Width. The width of a lot is the horizontal distance between the side lot lines measured on a line intersecting at right angles the line of the lot depth 30 feet from the front lot line.

“Lowest floor (floodplain management)” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, used solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this code. (Ord. 3125 § 3 (Exh. B), 2019; Ord. 2852 § 10 (Exh. A), 2011).

22A.020.140 “M” definitions.

Manufactured Home, Designated. A “designated manufactured home” is a manufactured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which:

(1) Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long;

(2) Was originally constructed with and now has a composition or wood shake or shingle, coated metal or similar roof of nominal 3:12 pitch; and

(3) Has exterior siding similar in appearance to siding materials commonly used on conventional site-built International Building Code single-family residences.

“Manufactured home (floodplain management)” means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term “manufactured home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term “manufactured home” does not include park trailers, travel trailers and other similar vehicles. The term “manufactured home” does not include a “recreational vehicle.”

“Manufactured home park or subdivision (floodplain management)” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

“Marijuana” has the meaning given that term in Chapter 69.50 RCW, as currently adopted or as may be amended in the future. The term also includes both “marihuana” and “cannabis.”

“Marijuana concentrates” has the meaning given that term in Chapter 69.50 RCW, as currently adopted or as may be amended in the future.

“Marijuana cooperative” means a cooperative formed by up to four qualifying patients or designated providers, whereby the members share responsibility for acquiring and supplying the resources needed to produce and process marijuana for the medical use of members, pursuant to RCW 69.51A.250.

“Marijuana-infused products” has the meaning given that term in Chapter 69.50 RCW, as currently adopted or as may be amended in the future.

“Marijuana processor” has the meaning given that term in Chapter 69.50 RCW, as currently adopted or as may be amended in the future.

“Marijuana producer” has the meaning given that term in Chapter 69.50 RCW, as currently adopted or as may be amended in the future.

“Marijuana retailer” has the meaning given that term in Chapter 69.50 RCW, as currently adopted or as may be amended in the future.

“Marijuana use” includes a store, agency, organization, dispensary, cooperative, network consultation, operation, or other business entity, group or person, no matter how described or defined, including any associated premises and equipment which has for its purpose or which is used to grow, select, measure, process, package, label, deliver, dispense, sell or otherwise transfer for consideration, or otherwise, marijuana in any form.

“Marina” means an establishment providing docking, moorage space and related activities limited to the provisioning or minor repair of pleasure boats and yachts; and personal services including, but not limited to:

(1) Showers;

(2) Toilets; and

(3) Self-service laundries.

“Marquee” means a permanent structure attached to, supported by, and projecting from a building and providing protection from the weather elements, but which does not include a projecting roof. For purposes of these standards, a freestanding, permanent, roof-like structure providing protection from the elements, such as a service station gas pump island, shall also be considered a marquee. The definition also includes an awning and a canopy.

“Marquee sign” means a sign incorporated into or attached to a marquee.

“Master plan” means a concept site plan, to scale, showing general land uses and zoning districts, proposed building pad concepts and orientation, public and private open space, sensitive areas, streets, pedestrian and vehicle connectivity to adjacent parcels, and other design features, required by applicable comprehensive plan and development regulations applying to the parcels.

“Master planned senior community” means a master plan for a site that incorporates a range of care options for senior citizens or disabled persons, including but not limited to independent senior housing, senior assisted living, and nursing homes. The proposed development must offer a continuum of care that offers varying degrees of assistance for individuals as they are needed. The community must include an integration of residential living units or beds, recreation, congregate dining, and on-site medical facilities/services.

“Material error” means substantive information upon which a permit decision is based that is submitted in error or is omitted at the time of permit application.

“Medical marijuana (cannabis) collective gardens” or “collective garden” means a garden where qualifying patients engage in the production, processing, and delivery of cannabis for medical use as set forth in Chapter 69.51A RCW and subject to the limitations therein and in this code.

“Medical marijuana (cannabis) dispensary” or “dispensary” means any facility or location where medical marijuana is grown, made available to and/or distributed by or to two or more of the following: a primary caregiver, a qualified patient, or a person with an identification card.

“Medium-speed electric vehicle” means a self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more than 25 miles per hour but not more than 35 miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 CFR Section 571.500.

“Menu sign” means a menu board at the entrance to a drive-through lane at a restaurant or an automobile service facility listing menu items or services for sale at the establishment. Car washes or automobile lubrication facilities typically display a menu sign.

“Miscellaneous health establishments” means establishments primarily engaged in providing health and allied services, including but not limited to physical and occupational therapists; blood banks; blood donor stations; medical photography and art; osteoporosis centers; kidney dialysis centers; sperm banks; etc.

“Mitigation” or “mitigate” means an action which avoids a negative adverse impact and is reasonable and capable of being accomplished.

“MMC” means the Marysville Municipal Code, as amended.

“Mobile home” means a transportable, factory-built home designed and intended to be used as a year-round dwelling, and built prior to the enactment of the Federal Manufactured Housing and Safety Standards Act of 1974. Mobile homes are no longer built.

“Mobile/manufactured home lot” means a plot of ground within a mobile/manufactured home park designated to accommodate one mobile/manufactured home.

“Mobile/manufactured home park” means a tract of land under single ownership or control, including ownership by a condominium association, upon which two or more mobile/manufactured homes occupied as dwellings may be located.

“Monument sign” means a freestanding sign that is attached directly to the ground with a decorative base made of wood, masonry or other similar material. Monument signs may have posts comprised of wood, masonry, or metal so long as the posts are completely surrounded by the decorative base. The width of the top of the sign structure can be no more than 120 percent of the width of the base. Monument signs shall not exceed 12 feet in height, and any permanent freestanding sign 12 feet in height or shorter shall be considered a monument sign except that this definition shall not apply to directional signs.

“Motel” means a building or group of buildings containing six or more rooms where lodging with or without meals is provided for compensation. Cooking facilities may be installed, provided no more than 10 percent of the motel units contain complete cooking facilities, and cooking facilities in the remaining units are limited to a “countertop range” with no oven. Motels shall be designed to accommodate the automobile tourist or transient; furnishings and daily maid service shall be provided, and parking facilities must be provided convenient to each guest room.

“Motor vehicle and boat dealer” means an establishment engaged in the retail sale of new and/or used automobiles, motor homes, motorcycles, trailers, and boats.

“Mount,” depending on its context, may mean any mounting device or bracket which is used to attach an antenna or antenna array to a utility pole, building, structure, lattice tower, or monopole or may mean the structure or surface upon which personal wireless communication facilities are mounted.

“Multifamily dwelling unit” means a building containing three or more dwelling units, or units when above a ground floor commercial use. The term includes triplexes, fourplexes, apartments, condominiums and the like. It does not include boarding houses, motels or hotels.

“Mural” means a large decorative image, not an advertisement, that is painted or drawn on an exterior wall of a structure. (Ord. 3125 § 3 (Exh. B), 2019; Ord. 3022 § 4, 2016; Ord. 2983 § 1, 2015; Ord. 2959 § 2, 2014; Ord. 2932 § 2, 2013; Ord. 2852 § 10 (Exh. A), 2011).

22A.020.150 “N” definitions.

“Nameplate” means a sign displaying only an occupant’s name or the name or address of premises.

“Native fish” means fish existing on a site or fish species that are indigenous to the area in question.

“Native vegetation” means vegetation existing on a site or plant species that are indigenous to the area in question.

“Naturalized species” means nonnative species of vegetation that are adaptable to the climatic conditions of the coastal region of the Pacific Northwest.

“Neighborhood electric vehicle” means a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than 20 miles per hour and not more than 25 miles per hour and conforms to federal regulations under 49 CFR Section 571.500.

“Net density” means the number of dwelling units divided by the net project area.

“Net project area” means the gross project area minus:

(1) Floodplains;

(2) Nontransferable critical areas (e.g., stream channels) per MMC 22E.010.360;

(3) Utility easements 30 feet wide or greater;

(4) Publicly owned community facility land;

(5) Storm water detention facility tracts or easements (unless underground and usable for recreation). If stormwater detention areas are designed and constructed to meet low impact development standards, 50 percent of the area used for detention may be counted as net project area; and

(6) Right-of-way, private roads, access easements, and panhandles. As an alternative to an itemized deduction, the developer may elect to take a flat 20 percent deduction from the gross project area for right-of-way, private roads, access easements, and panhandles.

“New construction (floodplain management)” means structures for which the “start of construction” commenced on or after the effective date of the ordinance codified in this chapter.

“New manufactured home park or subdivision (floodplain management)” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the adopted floodplain management regulations.

“Nonconformance” means any use, improvement or structure which lawfully occupied a building or land on or before April 25, 1972, and was established in conformance with city of Marysville or county rules and regulations in effect at the time of establishment, that no longer conforms to the range of uses permitted in the site’s current zone or to the current development standards of the code due to changes in the code or its application to the subject property.

“Nonconforming lot” means a legally established lot, tract or parcel, the area dimensions or location of which met the applicable zoning code requirements in effect at the time the lot, tract, or parcel was created, but which fails by reason of such adoption, revision, or amendment of the zoning code to conform to the present requirements of the zone in which it is located.

“Nonconforming sign” means a sign that was created and issued a permit in conformance with development regulations at the time of its installation, but which subsequently, due to a change in the zone or land use regulations, is no longer in conformance with the currently applicable development standards.

“Nonelectric vehicle” means any motor vehicle that does not meet the definition of “Electric vehicle.”

“Nonhydroelectric generation facility” means an establishment for the generation of electricity by nuclear reaction, burning fossil fuels, or other electricity generation methods.

“Nonresidential division of land” means the subdividing of business, commercial and industrial property done in accordance with the city’s subdivision or binding site plan ordinance. (Ord. 3057 § 3, 2017; Ord. 2852 § 10 (Exh. A), 2011).

22A.020.160 “O” definitions.

“Off-premises sign” means a sign relating, through its message and content, to a business activity, use, product, or service not available on the premises upon which the sign is erected.

“Off-street parking” means parking facilities for motor vehicles on other than a public street or alley.

“On-premises sign” means a sign relating, through its message and content, to a business activity, use, product, or service available on the premises upon which the sign is erected.

“Open record hearing” means a hearing, conducted by a single hearing body or officer authorized to conduct such hearings, that creates a record through testimony and submission of evidence and information (RCW 36.70.B.050(2)).

“Open space” means any parcel or area of land or water set aside, dedicated, designated, or reserved for public or private use or enjoyment.

“Open space, public” means an area dedicated in fee to the city, and operated and maintained by it. Public open space is designed primarily for the use of residents of a particular development, but cannot be reserved for their exclusive use due to the public ownership.

“Open-work fence” means a fence in which the solid portions are evenly distributed and constitute no more than 50 percent of the total surface area.

“Opiate substitution treatment facility” means an organization that administers or dispenses an approved drug as specified in 212 CFR Part 291, as it now reads or is hereafter amended, for treatment or detoxification of opiate substitution. The agency is:

(1) Certified as an opioid treatment program by the Federal Center for Substance Abuse Treatment, Substance Abuse and Mental Health Services Administration;

(2) Licensed by the Federal Drug Enforcement Administration;

(3) Registered by the State Board of Pharmacy;

(4) Accredited by an opioid treatment program accreditation body approved by the Federal Center for Substance Abuse Treatment, Substance Abuse and Mental Health Services Administration; and

(5) Certified as an opiate substitution treatment program by the Washington State Department of Social and Health Services.

“Ordinary high water mark” or “OHWM” means that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition existed on June 1, 1971, or as it may naturally change thereafter; provided, that in any area where the ordinary high water mark cannot be found pursuant to this definition, it shall be the line of mean high water.

“Out-of-kind mitigation” means measures taken to replace critical areas with substitute critical areas whose characteristics do not closely approximate those destroyed or degraded. It does not refer to replacement “out of category.”

“Outdoor performance center” means an establishment for the performing arts with open-air seating for audiences. Such establishments may include related services such as food and beverage sales and other concessions.

Owner/Ownership Interest. Owners are all persons having a real property interest. Owners include, with respect to real property:

(1) Holder of fee title or a life estate;

(2) Holder of purchaser’s interest in a sale contract in good standing;

(3) Holder of seller’s interest in a sale contract in breach or in default;

(4) Grantor of deed of trust;

(5) Presumptively, a legal owner and a taxpayer of record;

(6) Fiduciary representative of an owner;

(7) Person having a right of possession or control; or

(8) Any one of a number of co-owners, including joint, in common, by entireties and spouses as to community property. (Ord. 2852 § 10 (Exh. A), 2011).

22A.020.170 “P” definitions.

“Painted sign” means a sign painted on a wall, fence or other structure and not lighted by internal illumination. A painted sign is a type of wall sign.

“Panel antenna” means a directional antenna designed to transmit and/or receive signals in a directional pattern.

“Panhandle lot” means a lot where the front and rear lot lines conform to zoning code requirements for lot dimensions and lot sizes except for the panhandle. The panhandle is a narrow strip of land which does not, itself, meet the full frontage or width requirements of a lot and will be utilized principally for access purposes from an improved public right-of-way.

Parcel. See definition for “Lot.”

“Park” means a site designed or developed for recreational use by the public including, but not limited to:

(1) Indoor facilities, such as:

(a) Gymnasiums;

(b) Swimming pools; or

(c) Activity centers; and

(2) Outdoor facilities, such as:

(a) Playfields;

(b) Fishing areas; or

(c) Picnic and related outdoor activity areas; and

(3) Areas and trails for:

(a) Hikers;

(b) Equestrians;

(c) Bicyclists; or

(d) Off-road recreational vehicle users.

“Party of record” or “POR” means a person who has submitted written comments, testified, asked to be notified or is the sponsor of a petition entered as part of the official city record on a specific development proposal.

“People with functional disabilities” means:

(1) A person who because of a recognized chronic physical or mental condition or disease is functionally disabled to the extent of:

(a) Needing care, supervision or monitoring to perform activities of daily living or instrumental activities of daily living; or

(b) Needing support to ameliorate or compensate for the effects of a functional disability so as to lead as independent a life as possible; or

(c) Having a physical or mental impairment which substantially limits one or more of such person’s major life activities; or

(d) Having a record of having such an impairment; or

(2) Being regarded as having such an impairment, but such term does not include current, illegal use of or active addiction to a controlled substance.

“Permitted use” means any use authorized or permitted alone or in conjunction with another use in a specified district and subject to the limitations of the regulations of such use district.

“Person” means any individual, corporation, partnership, association, governmental body, state agency or other entity whatsoever.

“Pet daycare” means any commercial facility where four or more dogs, or other pet animals, are left by their owners during the daytime for periods of supervised social interaction in play groups with other animals of the same species. Supervised social interaction occurs during the majority of the time the pets are at the facility.

“Planned action” means a significant development proposal as defined in RCW 43.21C.031 (SEPA) as amended.

“Plans” means planning documents, which are developed by the various departments of the city, pertaining to the orderly development of public facilities.

“Plat” means the map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.

“Plat – final” means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets, alleys, or other divisions and dedications and containing all elements and requirements set forth in the chapter and Chapter 58.17 RCW.

“Plat – preliminary” means:

(1) A neat and approximate drawing of a proposed subdivision showing the general layout of streets, alleys, lots, blocks, and other elements of a subdivision required by this chapter and Chapter 58.17 RCW.

(2) The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.

“Plug-in hybrid electric vehicle” or “PHEV” means an electric vehicle that (1) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (2) charges its battery primarily by connecting to the grid or other off-board electrical source; (3) may additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and (4) has the ability to travel powered by electricity.

“Pole sign” means a freestanding sign hung from or supported by vertical standing pipe(s), wood beam(s) or other material(s) that are affixed to the ground at one end and to the sign at the other end if the support(s) are clearly visible. This definition also includes a pylon sign.

“Portable sign” means any movable sign not permanently attached to the ground or a building and easily removable using ordinary hand tools.

“Preliminary approval” means an official action on a proposed subdivision or short subdivision that refers to placement of specific conditions which must be complied with before final approval may be granted.

“Primary association area” means the area is used on a regular basis, is in close association with, or is necessary for the proper functioning of the habitat of a critical species. “Regular basis” means that the habitat area is normally or usually known to contain a critical species, or based on known habitat requirements of the species the area is likely to contain the critical species. Regular basis is species and population dependent. Species that exist in low numbers may be present infrequently yet rely on certain habitat types.

“Priority species” or “priority wildlife species” means wildlife species of concern due to their population status and sensitivity to habitat alteration as identified by the Washington State Department of Wildlife.

“Private storm water management facility” means a surface water control structure installed by a project proponent to retain, detain, infiltrate or otherwise limit runoff and improve water quality from an individual or group of developed sites specifically served by such structure and is privately owned.

“Professional office” means an office used as a place of business by licensed professionals, or persons in other generally recognized professions, which use training or knowledge of a technical, scientific or other academic discipline as opposed to manual skills, and which does not involve outside storage or fabrication, or on-site sale or transfer of commodities; including the following:

(1) Insurance agents, brokers and service;

(2) Real estate agents and planning directors;

(3) Income tax return preparation services;

(4) Legal services;

(5) Engineering, architectural and surveying services;

(6) Accounting, auditing and bookkeeping services; and

(7) Management and public relations services.

“Projecting sign” means a sign which projects from and is supported by a wall or parapet of a building with the display surface of the sign in a plane perpendicular to or approximately perpendicular to the wall. See also “Canopy sign.”

“Promotional sign” means posters, pennants, banners or streamers, balloons, searchlights, clusters of flags, strings of twirlers or propellers, flares, and other displays of a carnival nature used to promote a grand opening or sales events.

“Property boundary” means the surveyed line at ground surface which separates the real property owned, rented, or leased by one or more persons from that owned, rented, or leased by one or more other persons, and its vertical extension.

“Public agency” means any agency, political subdivision or unit of local government of this state including, but not limited to, municipal corporations, special purpose districts and local service districts, any agency of the state of Washington, the United States or any state thereof or any Indian tribe recognized as such by the federal government.

“Public agency office” means an office for the administration of any governmental activity or program, with no outdoor storage and including, but not limited to, the following uses:

(1) Executive, legislative, and general government;

(2) Public finance, taxation, and monetary policy;

(3) Administration of human resource programs;

(4) Administration of environmental quality and housing programs;

(5) Administration of economic programs;

(6) International affairs;

(7) Legal counsel and prosecution; and

(8) Public order and safety.

“Public agency training facility” means an establishment or school for training state and local law enforcement, fire safety, National Guard or transit personnel and facilities including but not limited to:

(1) Dining and overnight accommodations;

(2) Classrooms;

(3) Shooting ranges;

(4) Auto test tracks; and

(5) Fire suppression simulations.

“Public agency yard” means a facility for open or enclosed storage, repair, and maintenance of vehicles, equipment, or related materials, excluding document storage.

“Public improvements” include but are not limited to streets, roads, storm drainage systems, sanitary sewage facilities, water mains, pedestrian and landscaping improvements which comply with adopted city standards and are dedicated to the city for public use.

“Public safety sign” means a sign advertising a location where public safety services are available.

“Public storm water management facility” means a surface water control structure installed by a project proponent to retain, detain, infiltrate or otherwise limit runoff and improve water quality from an individual or group of developed sites specifically served by such structure and dedicated to the city.

“Public street” means a right-of-way which provides vehicular and pedestrian access to adjacent properties, which the city has officially accepted into its street system. (Ord. 3125 § 3 (Exh. B), 2019; Ord. 3035 § 7 (Exh. G), 2016; Ord. 2985 § 4, 2015; Ord. 2852 § 10 (Exh. A), 2011).

22A.020.180 “Q” definitions.

“Qualified scientific professional” means a person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, or related field, and two years of related work experience.

(1) A qualified professional for habitats or wetlands must have a degree in biology and professional experience related to the subject species.

(2) A qualified professional for a geological hazard must be a professional engineer or geologist, licensed by the state of Washington. (Ord. 2852 § 10 (Exh. A), 2011).

22A.020.190 “R” definitions.

“Radio frequency emissions” means any electromagnetic radiation or other communications signal emitted from an antenna or antenna-related equipment on the ground, antenna support structure, building, or other vertical projection.

“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.

“RCW” means the Revised Code of Washington, as amended.

“Readerboard sign” means a sign with characters, letters, or illustrations that can be changed or rearranged without altering the face or surface of the sign. See also “Changeable copy sign.”

“Real estate sign” means a portable or temporary sign pertaining to the sale, exchange, lease, rental, or availability of land, buildings, condominium and similar units, or apartments.

“Recreational vehicle” or “RV” means a vehicle or portable structure built on a chassis and designed to be used for temporary occupancy or travel, recreational or vacation use. Said vehicles contain plumbing, heating and electrical systems which are operated without connection to outside utilities. Recreational vehicles shall include, but are not limited to, campers, motor homes and travel trailers; tents are excluded.

“Recreational vehicle (floodplain management)” means a vehicle which is:

(1) Built on a single chassis;

(2) Four hundred square feet or less when measured at the largest horizontal projection;

(3) Designed to be self-propelled or permanently towable by a light duty truck; and

(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

“Recreational vehicle park” means a tract of land under single ownership or control or upon which two or more recreational vehicle sites are located, established or maintained for occupancy by the general public as temporary living quarters for recreation or vacation purposes.

“Recreational vehicle site” means a plot of ground within a recreational vehicle park intended for accommodation of a recreational vehicle on a temporary basis.

“Redivision” means the redivision of a lot located within a previously recorded plat or short plat.

“Regional storm water management facility” means a surface water control structure installed in or adjacent to a stream or wetland of a basin or sub-basin by the city’s public works department or a project proponent.

“Request for final approval” means a request made by the applicant for final approval of a division of land, when the applicant has completed all the requirements of preliminary approval.

“Residential care facility” means a facility, licensed by the state, that cares for at least five but not more than 15 people with functional disabilities, that has not been licensed as an adult family home pursuant to RCW 70.128.175.

“Residential development sign” means a sign identifying a residential subdivision or multifamily complex.

“Retail outlet” has the meaning given that term in Chapter 69.50 RCW, as currently adopted or as may be amended in the future.

“Revolving sign” means a sign that revolves or partially revolves by mechanical means.

“Riding academy” means any establishment where horses are kept for riding, driving or stabling for compensation or as an accessory use in the operation of a club, association, ranch or similar establishment.

“Risk potential activity or facility” means an activity or facility that provides a higher incidence of risk to the public from persons conditionally released from the special commitment center. “Risk potential activity” and “risk potential facility” includes:

(1) Public and private schools and their grounds;

(2) School bus stops;

(3) Licensed child day care and licensed preschool facilities;

(4) Public parks;

(5) Publicly dedicated trails;

(6) Sports fields;

(7) Playgrounds;

(8) Recreational and community centers;

(9) Places of worship such as churches, synagogues, temples, mosques;

(10) Public libraries;

(11) Any other risk potential activity or facility identified in siting criteria by the Department of Social and Health Services with respect to siting a secure community transition facility.

“Roof sign” means any sign erected upon or above a roof or parapet of a building or structure. (Ord. 3022 § 5, 2016; Ord. 2959 § 3, 2014; Ord. 2852 § 10 (Exh. A), 2011).

22A.020.200 “S” definitions.

“Salmonid” means belonging to the family of Salmonidae, including the salmons, trouts, chars, and whitefishes.

“Sandwich boards” means a self-supporting A-shaped freestanding temporary sign with only two visible sides that are situated to a business, typically on a sidewalk. See also “A-board.”

“School bus base” means an establishment for the storage, dispatch, repair and maintenance of coaches and other vehicles of a school transit system.

“School, commercial” means a building where instruction is given to pupils in arts, crafts or trades, and operated as a commercial enterprise as distinguished from schools endowed and/or supported by taxation.

“School district support facilities” means uses (excluding schools and bus bases) that are required for the operation of a school district. This term includes school district administrative offices, centralized kitchens, and maintenance or storage facilities.

“School, elementary, junior or senior high, including public, private and parochial” means an institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the Washington State Board of Education.

“Secondary habitat” or “secondary wildlife habitat” means areas with one or more of the following attributes: comparatively high wildlife or fish density; high wildlife or fish species richness; significant wildlife or fish breeding habitat; significant wildlife or fish seasonal ranges; significant movement corridors; limited availability; high vulnerability. Secondary habitat may offer less diversity of animal and plant species than critical habitat, but is important for performing the essential functions of habitat.

“Secure community transition facility” means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under Chapter 71.09 RCW. A secure community transition facility has supervision and security, and either provides or ensures the provisions of sex offender treatment services. “Secure community transition facilities” include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under Chapter 71.09 RCW and operated by the Secretary of the State Department of Social and Health Services or under contract with the Secretary.

“Seismic hazard areas” means areas that, due to a combination of soil and ground water conditions, are subject to severe risk of ground shaking, subsidence or liquefaction of soils during earthquakes. These areas are typically underlain by soft or loose saturated soils (such as alluvium), have a shallow ground water table and are typically located on the floors of river valleys. Seismic hazard areas are classified as follows:

(1) Low Hazard. Areas underlain by dense soils or bedrock.

(2) High Hazard. Areas underlain by soft or loose saturated soils.

“Self-service storage facility” means an establishment containing separate storage spaces that are leased or rented as individual units.

“Senior citizen assisted dwelling unit” means a building containing two or more dwelling units restricted to occupancy by senior citizens, and including, but not limited to, the following support services, as deemed necessary:

(1) Food preparation and dining areas;

(2) Group activity areas;

(3) Medical supervision; and

(4) Similar activities.

“SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology.

“Setback” means the minimum distance required between a specified object, such as a building and another point. Setbacks are usually measured from lot lines to a specified object but may also be measured from improvements, rights-of-way, easements, drainage ways, steep slopes or other boundaries or potential hazards that are required to remain free of structures. In addition, the following setbacks indicate where each setback is measured from:

(1) “Front setback” means a setback that is measured from a front lot line.

(2) “Rear setback” means a setback that is measured from a rear lot line.

(3) “Side setback” means a setback that is measured from a side lot line.

(4) “Street setback” means a setback that is measured from a street lot line.

“Shooting range” means a facility designed to provide a confined space for safe target practice with firearms, archery equipment, or other weapons.

“Shopping center” means a group of retail and service establishments clustered on a contiguous site, designed and built as a unit or organized as a unified and coordinated shopping area consisting of at least 50,000 square feet of building area and/or one or more supermarkets, variety or department stores.

“Shoreline Management Act,” “the SMA” or “Act” means Chapter 90.58 RCW, as amended.

“Short plat – final” means the final drawing of the short subdivision and dedication, prepared for filing for record with the Snohomish County auditor and containing all elements and requirements set forth in this title and Chapter 58.17 RCW.

“Short plat – preliminary” means:

(1) A neat and approximate drawing of a proposed short subdivision showing the general layout of streets, alleys, lots, blocks, and other elements of a short subdivision required by this title and Chapter 58.17 RCW.

(2) The preliminary short plat shall be the basis for the approval or disapproval of the general layout of a short subdivision.

“Short subdivision” means a division or redivision of land into nine or fewer lots, tracts, parcels, or sites for the purpose of sale, lease or transfer of ownership. (RCW 58.17.020(6).)

“Sign” means any device, fixture, or placard that is visible from a public right-of-way or surrounding properties and uses graphics, symbols, logos, or written copy conveying a message or image and used to inform or attract the attention of the public, such as advertising or identifying an establishment, product, goods, service or activity. A sign may have multiple faces and advertise multiple on-premises establishments, businesses, products, services, or activities. This definition does not include any flag. Unless the context clearly provides to the contrary, a “sign” as used in this chapter also includes the “sign structure.”

“Sign face” means the portion of a sign which contains lettering, logo, trademark, or other graphic representations.

“Sign maintenance” means normal care needed to keep a sign functional, such as cleaning, painting, oiling, and changing of light bulbs.

“Sign repair” means fixing or replacement of broken or worn parts. Replacement includes comparable materials only.

“Sign structure” means a structure specifically intended for supporting or containing a sign. This definition shall include any decorative covers, braces, wires, supports, or components attached to or placed around the sign structure.

“Significant tree” means an existing healthy tree which, when measured four feet above grade, has a minimum diameter of:

(1) Eight inches for evergreen trees; or

(2) Twelve inches for deciduous trees.

“Single-family attached dwelling unit” means a building containing not more than one dwelling unit attached at the side or sides in a series of two or more principal buildings each containing not more than one dwelling unit. Each building containing one dwelling unit shall be structurally independent of adjacent buildings except that the joints must be covered. Each dwelling shall have at least two private entrances with direct access to ground level. Each dwelling shall have a separate lot, or be so located on land in the same ownership that individual lots meeting the minimum dimensional requirements of this title could be provided. The term “attached dwelling” is intended to apply to townhouses, rowhouses, patio or atrium houses, or any form of single-family dwelling units which conform to this definition.

“Single-family detached dwelling unit” means a detached building designed for and occupied exclusively by one family and the household employees of that family, including manufactured homes.

“Single-family residential building” means a dwelling containing only one dwelling unit.

“Site plan” means a plan, to scale, showing uses and structures proposed for a parcel or parcels of land as required by the regulations involved. It includes lot lines, streets, building sites, public and private open space, sensitive areas, buildings, parking lots, required landscaping, major landscape features (both natural and manmade) and, depending on requirements, the locations of proposed utilities. Such a site plan should accompany commercial and industrial building permits, conditional use permits, multiple-family or other uses that require review of parking, landscaping or other design features prior to permit issuance.

“Site plan review” means the process whereby local officials review the site plans or master plans to assure that they meet the stated purposes and standards of the zone, provide for necessary public facilities such as roads, and accomplish the goals of the city as stated in adopted comprehensive plans and development regulations.

“Slope” means an inclined earth surface, the inclination of which is expressed as the ratio of horizontal distance to vertical distance.

“Small farm, new” means the conversion of a property from a nonagricultural activity to one involved in the production of crops and/or livestock, as well as construction of agricultural structures and/or facilities.

“Small wireless” and “small wireless network” are defined in accord with 47 CFR Section 1.6002(l).

“Small wireless facility, approved” means any small wireless facility that has received all required permits.

“Social services” means public or nonprofit establishments, organizations or agencies that provide counseling, therapy or other social or human services to persons needing such services due to physical, mental, emotional, or other disabilities.

“Soil recycling/incineration facility” means an establishment engaged in the collection, storage and treatment of contaminated soils to remove and reuse organic contaminants.

“Solar array” means multiple solar panels.

“Solar energy system” means equipment that converts and then transfers or stores solar energy into usable forms of thermal and/or electrical energy.

“Solar panel” means a large, thin panel consisting of an array of solar cells used to convert solar energy into usable forms of thermal and/or electrical energy.

Special Event Sign. See “Temporary and special event signs.”

“Specified anatomical areas” means less than completely and/or opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state, even if completely or opaquely covered.

“Specified sexual activities” means acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic region, buttock, or female breast; and human genitals in a state of sexual stimulation or arousal.

“Sports club” means an establishment engaged in operating physical fitness facilities and sports and recreation clubs.

“Stable” means a structure or facility in which horses or other livestock are kept for:

(1) Boarding;

(2) Training;

(3) Riding lessons;

(4) Breeding;

(5) Rental; or

(6) Personal use.

“Start of construction (floodplain management)” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

“Streams” means water contained within a channel, either perennial or intermittent, and classified according to locally appropriate stream classification system based on WAC 222-16-030. Streams also include open natural watercourses modified by man. Streams do not include irrigation ditches, waste ways, drains, outfalls, operational spillways, channels, storm water runoff facilities or other wholly artificial watercourses, except those that directly result from the modification to a natural watercourse. Streams are further characterized as follows:

(1) Type S Stream. Those streams, within their ordinary high water mark, as inventoried as “shorelines of the state” under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW.

(2) Type F Stream. Those stream segments within the ordinary high water mark that are not Type S streams, and which are demonstrated or provisionally presumed to be used by salmonid fish. Stream segments which have a width of two feet or greater at the ordinary high water mark and have a gradient of 16 percent or less for basins less than or equal to 50 acres in size, or have a gradient of 20 percent or less for basins greater than 50 acres in size are provisionally presumed to be used by salmonid fish. A provisional presumption of salmonid fish use may be refuted at the discretion of the community development director where any of the following conditions are met:

(a) It is demonstrated to the satisfaction of the city that the stream segment in question is upstream of a complete, permanent, natural fish passage barrier, above which no stream section exhibits perennial flow;

(b) It is demonstrated to the satisfaction of the city that the stream segment in question has confirmed, long-term, naturally occurring water quality parameters incapable of supporting salmonid fish;

(c) Sufficient information about a geomorphic region is available to support a departure from the characteristics described above for the presumption of salmonid fish use, as determined in consultation with the Washington State Department of Fish and Wildlife, the Department of Ecology, affected tribes, or others;

(d) The Washington State Department of Fish and Wildlife has issued a hydraulic project approval pursuant to RCW 77.55.100 that includes a determination that the stream segment in question is not used by salmonid fish;

(e) No salmonid fish are discovered in the stream segment in question during a stream survey conducted according to the protocol provided in the Washington Forest Practices Board Manual, Section 13, Guidelines for Determining Fish Use for the Purpose of Typing Waters under WAC 222-16-031, provided no unnatural fish passage barriers have been present downstream of said stream segment over a period of at least two years.

(3) Type Np Stream. Those stream segments within the ordinary high water mark that are perennial and are not Type S or Type F streams. However, for the purpose of classification, Type Np streams include the intermittent dry portions of the channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be identified with simple, nontechnical observations (see Washington Forest Practices Board Manual, Section 23), then said point shall be determined by a qualified professional selected or approved by the city.

(4) Type Ns Stream. Those stream segments within the ordinary high water mark that are not Type S, Type F, or Type Np streams. These include seasonal streams in which surface flow is not present for at least some portion of a year of normal rainfall that are not located downstream from any Type Np stream segment.

“Street” means a public thoroughfare which affords the principal means of access to abutting properties.

“Street banners – decorations” means any street banners, decorations, and/or other similar items located in the city right-of-way.

“Structural alterations” means any change in load or stress of the loaded or stressed members of a building or structure.

“Structure” means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential fences less than six feet in height, retaining walls, rockeries and similar improvements of a minor character less than three feet in height.

“Structure (floodplain management)” means a walled and roofed building or mobile home that is principally above ground.

“Structure (wireless communication facilities)” means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of service).

“Subarea plan” means a general land use plan for a neighborhood or neighborhoods that is adopted pursuant to the Growth Management Act (RCW 36.70A.030) as part of the city’s Growth Management Act comprehensive plan. A subarea plan shows more detailed information for the neighborhoods and can include adoption of development policies, design standards or development regulations specific to the subarea. The subarea plan is processed in accordance with the procedures for comprehensive plan adoption and amendment.

“Subdivision” means a division or redivision of land into 10 or more lots, tracts, or parcels for the purpose of sale, lease or transfer of ownership (RCW 58.17.020).

“Subdivision and short subdivision certificate” means a report by a title insurance company certifying the title of lands as described and shown on the subdivision or short subdivision plat is in the name of the owners signing the final map or declaration of ownership.

“Subject property” means the site where an activity requiring a permit or approval under this code will occur.

“Substantial damage (floodplain management)” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

“Substantial improvement” means any repair, reconstruction, structural modification, addition or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

(1) Before the improvement or repair is started; or

(2) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(a) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

(b) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

“Substantial improvement (floodplain management)” means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

(1) Before the improvement or repair is started; or

(2) If the structure has been damaged and is being restored, before the damage occurred.

For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

The term does not, however, include either:

(1) Any project for improvement of a structure to correct pre-cited existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places; provided, that the alteration will not preclude the structure’s continued designation as a “historic structure.”

“Substrate” means the soil, sediment, decomposing organic matter or combination of those located on the bottom surface of the wetland.

“Suitable guarantee” means an acceptable guarantee to the city to ensure performance and/or warranty of improvements.

“Supervised drug consumption facility” means a facility designed to provide a location where individuals are able to consume illicit drugs under professional supervision.

“Swale” means a shallow drainage conveyance with relatively gentle side slopes, generally with flow depths less than one foot.

“Swamp” means a depressed area flooded most of the year to a depth greater than that of a marsh and characterized by areas of open water amid soft, wetland masses vegetated with trees and shrubs. Extensive grass vegetation is not characteristic. (Ord. 3125 § 3 (Exh. B), 2019; Ord. 3085 § 1, 2018; Ord. 3071 § 5, 2017; Ord. 3054 §§ 5, 6, 2017; Ord. 2955, 2014; Ord. 2870 § 5, 2011; Ord. 2852 § 10 (Exh. A), 2011).

22A.020.210 “T” definitions.

“Taxi stands” means establishments engaged in furnishing individual or small group transportation by motor vehicle.

“Temporary and special event signs” means a sign placed on a structure or the ground for a specifically limited period of time as provided in MMC 22C.160.230.

“Temporary use permit” means a permit to allow a use of limited duration and/or frequency, or to allow multiple related events over a specified period.

“Tenant space” means a portion of a structure occupied by a single commercial lease holder with its own public entrance from the exterior of the building or through a shared lobby, atrium, mall, or hallway and separated from other tenant spaces by walls.

“Tertiary habitat” means habitat which, while supporting some wildlife or fish and performing other valuable functions, does not currently possess essential characteristics necessary to support a diverse wildlife community. Tertiary habitat also includes habitat which has been created purposefully by human actions to serve other or multiple purposes, such as open space areas, and landscape amenities.

“Threat to the community” means a tendency which constitutes a direct threat to the health or safety of other individuals or a tendency which would result in substantial physical damage to the property of others. This term shall be interpreted in accordance with the provisions of and judicial interpretations of the Federal Fair Housing Act amendments, 43 U.S.C. Section 3604(f)(9), as the same exists or is hereafter amended.

“Time and temperature sign” means an electronic message sign displaying solely the time and temperature.

“Top of the bank” means that point in the natural contour where there is a distinct, sharp break in slope for a minimum of 50 running feet or greater which separates inclines at less than 25 percent from slopes equal to or greater than 25 percent. Where no distinct break exists, the top of the top of the bank shall be the uppermost limit of the area where the ground surface drops six feet and three inches or more vertically within a horizontal distance of 25 feet.

“Tower” means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communication services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul and the associated site.

“Townhouse” means a single-family dwelling unit constructed in a row of at least three such units in which each unit: has a shared common wall with the adjacent unit that extends from foundation to roof; is separated from any other unit by one or more vertical common fire-resistant walls; has its own front and rear access to the outside; and has no unit located over another unit.

Tract. See definition for “Lot.”

“Transfer station” means a staffed collection and transportation facility used by private individuals and route collection vehicles to deposit solid waste collected off-site into larger transfer vehicles for transport to permanent disposal sites; and may also include recycling facilities involving collection or processing for shipment.

“Transit bus base” means an establishment for the storage, dispatch, repair and maintenance of coaches, light rail trains, and other vehicles of a public transit system.

“Transit park and pool lot” means a parking area comprised of 50 or fewer parking spaces located in an existing parking lot serving an existing land use, and usage of the lot for transit is limited to the weekday hours between 5:00 a.m. and 8:00 p.m. daily.

“Transit park and ride lot” means vehicle parking specifically for the purpose of access to a public transit system.

“Transitional housing facilities” means housing units owned by public housing authorities, nonprofit organizations or other public interest groups that provide housing to persons on a temporary basis for a duration not to exceed 24 months in conjunction with job training, self-sufficiency training, and human services counseling; the purpose of which is to help persons make the transition from homelessness to placement in permanent housing. (Ord. 3125 § 3 (Exh. B), 2019; Ord. 3107 § 2, 2018; Ord. 2852 § 10 (Exh. A), 2011).

22A.020.220 “U” definitions.

“Unified Development Code” or “UDC” means the city of Marysville unified development code (UDC), MMC Title 22.

“Usable marijuana” has the meaning given that term in Chapter 69.50 RCW, as currently adopted or as may be amended in the future.

“Use” means an activity or function carried out on an area of land, or in a building or structure located thereon. Any use comprising the sole or main use on the site is considered the primary use of the site. Any use subordinate or incidental to the primary use on a site is considered an accessory use.

“Utility facility” means a facility for the distribution or transmission of services to an area, requiring location in the area to be served, including, but not limited to:

(1) Telephone exchanges;

(2) Water pumping or treatment stations;

(3) Electrical switching substations;

(4) Water storage reservoirs or tanks;

(5) Municipal ground water well-fields;

(6) Regional storm water management facilities;

(7) Natural gas gate stations and limiting stations;

(8) Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; and

(9) Sewer lift stations.

“Utility pole” means a structure designed and used primarily for the support of electrical wires, telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or pedestrian paths. (Ord. 3125 § 3 (Exh. B), 2019; Ord. 3022 § 6, 2016; Ord. 2959 § 4, 2014; Ord. 2852 § 10 (Exh. A), 2011).

22A.020.230 “V” definitions.

“Variance” means the means by which an adjustment is made 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 zone or vicinity and which adjustment remedies disparity in privileges. A variance is a form of special exception.

“Vested” means the right to development or continue development in accordance with the laws, rules, and other regulations in effect at the time vesting is achieved.

“Veterinary clinic” means a building or premises for the medical or surgical treatment of animals or pets, including dog, cat and veterinary hospitals, including the boarding of hospitalized animals. (Ord. 2852 § 10 (Exh. A), 2011).

22A.020.240 “W” definitions.

“WAC” means the Washington Administrative Code.

“Wall sign” means any sign attached to or painted on the wall of a building or structure in a plane parallel or approximately parallel to the plane of said wall.

“Warehousing and wholesale trade” means establishments involved in the storage and/or sale of bulk goods for resale or assembly, excluding establishments offering the sale of bulk goods to the general public, which is classified as a retail use.

“Wastewater treatment facility” means a plant for collection, decontamination and disposal of sewage, including residential, industrial and commercial liquid wastes, and including any physical improvement within the scope of the definition of “water pollution control facility” set forth in WAC 173-90-015(4) as amended.

“Water dependent (floodplain management)” means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.

“WCF equipment facility” means any structure used to contain ancillary equipment for a WCF which includes base stations, cabinets, shelters, a buildout of an existing structure, pedestals and other similar structures.

WCF Height. The height of the antenna support structure shall be measured from the natural undisturbed ground surface below the center of the base of the tower to the top of the tower or, if higher, to the top of the highest antenna or piece of equipment attached thereto.

“Wetland” or “wetlands” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands.

“Wetland, artificially created” means wetlands created through purposeful human action from nonwetland sites, such as irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities.

“Wetland buffer area” means an unnaturally vegetated and undisturbed, enhanced or revegetated zone surrounding a natural, restored or newly created wetland that is an integral part of a wetland ecosystem, and protects a wetland from adverse impacts to the integrity and value of a wetland. Wetland buffers serve to moderate runoff volume and flow rates; reduce sediment, chemical, nutrient and toxic pollutants; provide shading to maintain desirable water temperatures; provide habitat for wildlife; and protect wetland resources from harmful intrusion.

Wetland Class. The U.S. Fish and Wildlife Service wetland classification scheme uses a hierarchy of systems, subsystems, classes and subclasses to describe wetland categories (refer to USFWS, December 1979, Classification of Wetlands and Deep Water Habitats of the United States for a complete explanation of the wetland classification scheme). Eleven class names are used to describe wetland and deep water habitat types. These include forested wetland, scrub-shrub wetland, emergent wetland, moss-lichen wetland, unconsolidated shore, aquatic bed, unconsolidated bottom, rock bottom, rocky shore, stream bed, and reef.

“Wetland creation” means the producing or forming of a wetland through artificial means from an upland (dry) site.

“Wetland delineation” means a technical procedure performed by a wetland specialist to determine the area of a wetland, ascertaining the wetland’s classification, function, and value, and to define the boundary between a wetland and adjacent uplands. Delineations shall be performed by a wetland specialist according to the Washington State Wetlands Identification and Delineation Manual (for Western Washington) as prepared by the Washington State Department of Ecology, adopted under RCW 36.70A.175 pursuant to RCW 90.58.380.

“Wetland determination” means a report prepared by a qualified consultant that identifies, characterizes and analyzes potential impacts to wetlands consistent with applicable provisions of these regulations. A determination does not include a formal delineation.

“Wetland enhancement” means the improvement of an existing viable wetland or buffer, such as by increasing plant diversity, increasing wildlife habitat, installing environmentally compatible erosion controls, or removing nonindigenous plant or animal species.

“Wetland, in-kind mitigation” means replacement of wetlands with substitute wetlands whose characteristics closely approximate those destroyed or degraded by a regulated activity.

“Wetland, low impact use” means land uses which are typically associated with relatively low levels of human activity, disturbance or development and low wetland habitat impacts. Low intensity land uses may include, but are not limited to, passive recreation, open space, or agricultural land uses that do not create a significant potential for wetlands impacts.

“Wetland mitigation” includes:

(1) Avoiding the impact altogether by not taking a certain action or parts of actions.

(2) Minimizing impacts by limiting the degree or magnitude of the action and its implementation.

(3) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.

(4) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.

(5) Compensating for the impact by replacing or providing substitute resources or environments.

While monitoring without additional actions is not considered mitigation for the purposes of these regulations, it may be part of a comprehensive mitigation program.

“Wetland, out-of-kind mitigation” means replacement of wetlands with substitute wetlands whose characteristics do not closely approximate those destroyed or degraded by a regulated activity.

“Wetland, regulated activity” means an activity occurring in, near, or potentially affecting a wetland or wetland buffer that is subject to the provisions of this title. Regulated activities generally include but are not limited to any filling, dredging, dumping or stockpiling, draining, excavation, flooding, construction or reconstruction, driving pilings, obstructing, shading, clearing or harvesting.

“Wetland restoration” means the re-establishment of a viable wetland from a previously filled or degraded wetland site.

“Wetland, structural diversity” means the relative degree of diversity or complexity of vegetation in a habitat area as indicated by the stratification or layering of different plant communities (e.g., groundcover, shrub layer and tree canopy); the variety of plant species; and the spacing or pattern of vegetation.

“Wetlands area maps” means the wetlands areas maps prepared for Snohomish County Tomorrow, July 1991, and associated reports. The maps are adopted by the city of Marysville and indicate the potential presence of wetlands.

“Whip antenna” means an omnidirectional antenna designed to transmit and/or receive signals in a 360-degree pattern.

“Wildlife habitat” means areas that provide food, protective cover, nesting, breeding or movement for fish and wildlife and with which individual species have a primary association. “Wildlife habitat” also includes naturally occurring ponds larger than one and one-half acres and smaller than 20 acres in area that are a minimum of six feet deep to the extent that such pond(s) otherwise meet(s) the definition of wildlife habitat.

“Wildlife habitat enhancement” means the improvement of existing habitat such as by increasing plant density or structural diversity, or by removing nonindigenous or noxious species.

“Wildlife report” means a report, prepared by a qualified consultant, that evaluates plant communities and wildlife functions and values on a site, consistent with the format and requirements established by this title.

“Wildlife shelter” means a facility for the temporary housing of sick or wounded or displaced wildlife.

“Window sign” means any sign viewable through and/or affixed in any manner to a window or exterior glass door such that it is intended to be viewable from the exterior, including signs located inside a building but visible primarily from the outside of the building.

“Wireless communication services” means any of the technologies as defined by Section 704(a)(7)(c)(i) of the Federal Telecommunications Act of 1996, including cellular, PCS, enhanced specialized mobile radio (ESMR), specialized mobile radio (SMR), and paging.

“Wireless communications facilities (WCFs)” means any unstaffed facility for the transmission and/or reception of wireless communications services.

“Wireless right-of-way use agreement” or “WROWA” means the initial authorization or renewal of an agreement to construct wireless communication facilities, including small wireless facilities in, under, over (if permitted by city regulations), or across public ways of the city and to also provide wireless telecommunications service to persons or areas in the city.

“WSDOT” means the Washington State Department of Transportation (WSDOT). (Ord. 3125 § 3 (Exh. B), 2019; Ord. 2852 § 10 (Exh. A), 2011).

22A.020.250 “X” definitions.

“Xeriscape” means a landscaping method developed especially for arid or semiarid climates that utilizes water-conserving techniques (as the use of drought-tolerant plants, mulch, and efficient irrigation). (Ord. 2852 § 10 (Exh. A), 2011).

22A.020.260 “Y” definitions.

“Yard” means an open space in front, rear or side of the same lot with a building or proposed building.

“Yard waste processing facility” means a facility where yard and garden wastes, including wood and land clearing debris, are processed into new products, which include but are not limited to soil amendments and wood chips. This definition does not include individual household composting. (Ord. 2852 § 10 (Exh. A), 2011).

22A.020.270 “Z” definitions.

“Zero lot line development” allows single-family residences, sharing a common street frontage, to shift to one side of a lot. This means that the same side of each lot may have a zero or reduced setback. (Ord. 2852 § 10 (Exh. A), 2011).