Chapter 20.12


20.12.010    General provisions.

20.12.020    “A” definitions.

20.12.030    “B” definitions.

20.12.040    “C” definitions.

20.12.050    “D” definitions.

20.12.060    “E” definitions.

20.12.070    “F” definitions.

20.12.080    “G” definitions.

20.12.090    “H” definitions.

20.12.100    “I” definitions.

20.12.110    “J” definitions.

20.12.130    “L” definitions.

20.12.140    “M” definitions.

20.12.150    “N” definitions.

20.12.160    “O” definitions.

20.12.170    “P” definitions

20.12.180    “Q” definitions.

20.12.190    “R” definitions.

20.12.200    “S” definitions.

20.12.210    “T” definitions.

20.12.220    “U” definitions.

20.12.230    “V” definitions.

20.12.240    “W” definitions.

20.12.270    “Z” definitions.

20.12.010 General provisions.

A. For the purpose of this title, the terms in this chapter shall have the meaning indicated in this chapter, except where the context clearly indicates a different meaning.

B. Words used in the singular shall include the plural, and the plural shall include the singular, unless the context clearly indicates the contrary.

C. Where a term prescribed in this chapter conflicts with a definition of the same term adopted under a specific chapter, the definition adopted under the specific chapter shall control when applied to that specific chapter.

D. Terms not defined herein shall take their meaning from definitions in the comprehensive plan, building codes, and other ordinances incorporated by reference. If a specific term is not defined or referenced, it shall take its normal and customary meaning within the context of how it is used. (Ord. 969 § 3 (Exh. A), 2019; Ord. 900 § 4 (Att. A), 2013)

20.12.020 “A” definitions.

“Abandoned” means the knowing relinquishment of right or claim to the subject property or structure on that property.

“Abandoned sign” means a sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, and/or for which no legal owner can be found.

“Access” means a way or means of approach to provide vehicular or pedestrian physical entrance to a property.

“Accessory” means a use, activity, structure or part of a structure which is subordinate and incidental to the main activity or structure on the subject property.

“Accessory building” means a detached building, the use of which is incidental or secondary to that of the main building.

“Accessory dwelling unit” means a dwelling unit subordinate to a single-family dwelling unit which is:

1. Located within the single-family dwelling unit; or

2. Located within an accessory building on the lot with a principal single-family dwelling.

“Adjoining” means property that touches or is directly across a street or private lane from the subject property.

“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; provided, however, any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(b).

“Agriculture” means the use of land for agricultural purposes including any one or more of farming, apiculture, horticulture, floriculture, and viticulture, but excluding the raising of animals and the farming of marijuana regardless of whether farmed for medicinal, recreational or research purposes.

“Alter” or “alteration” means:

1. Any change, addition or modification in construction or occupancy.

2. When used with Chapter 20.50 MMC – any human-induced action which changes and/or impacts the existing conditions of a critical area or buffer. Alterations include, but are not limited to, grading, filling, dredging, draining, channelizing, cutting of trees, clearing (vegetation), paving, construction, compaction, excavation, dumping, demolition, or any other activity that changes the character of the critical area.

“Anadromous fish” means fish that spawn and rear in fresh water and mature in the marine environment.

“Ancillary facilities” means the equipment required for operation of wireless communications, including, but not limited to, repeaters, radios, cabling, power meters, ventilation, generators, and other related equipment.

“Ancillary use” means a use essential for the proper and/or effective function of another use.

“ANSI” means the American National Standards Institute.

“Antenna” means an electrical conductor or group of electrical conductors that transmit or receive radio waves or microwaves.

“Antenna, directional (or panel)” means an antenna that receives and transmits signals in a directional pattern typically encompassing an arc of 120 degrees.

“Antenna, omni-directional (or whip)” means an antenna that receives and transmits signals in a 360-degree pattern, and which is four inches or less in diameter and 15 feet or less in height.

“Antenna, parabolic (or dish)” means a bowl-shaped device that receives and transmits signals in a specific directional pattern.

“Antenna, tubular panel” means an antenna which is 18 inches or less in diameter and less than eight feet in height, and which is capable of receiving or transmitting signals in a 360-degree pattern. This includes a configuration of multiple panel antennas located within a single shroud that gives the appearance of a single antenna.

“Applicant” means a person who applies for any permit or approval to do anything governed by this code and who is the owner of the subject property, the authorized agent of the owner, or the city.

“Arbor, bower, trellis” means light, open, garden-type structures composed of vertical and/or horizontal elements without a room which may or may not attach to a building which is designed, established and installed as a part of the landscape of the property.

“Arborist, city” means a person appointed by the city manager or designee with the criteria that the person is a member of the American Society of Consulting Arborists or similar professional organization and is an ISA certified arborist. The city arborist is responsible for evaluating trees according to the International Society of Arboriculture in evaluating hazardous trees in urban areas.

“Auditor, county” means the person defined in Chapter 36.22 RCW or the office of the person assigned such duties under the King County Charter.

“Automobile mechanical repair” means general repair, rebuilding, or recondition of engines, motor vehicles, or trailers including incidental repairs and replacement of parts and motor services. This does not include painting and body work.

“Automobile service station” means a place where petroleum products are kept for retail sales for automobiles and other motor vehicles and where repairs, washing, servicing, greasing, adjusting or equipping of automobiles or other motor vehicles may be performed; and where grease, anti-freeze, tires, spark-plugs and other automobile supplies may also be sold incidentally. For the purpose of this definition, the sale of associated sundry items and the sale of prepared foods for consumption off the premises may be allowed in conjunction therewith provided the gross floor area devoted to the sale of such sundry items and prepared foods does not exceed 160 square feet. (Ord. 969 § 3 (Exh. A), 2019; Ord. 948 § 2, 2017; Ord. 933 § 2, 2016; Ord. 924 § 4, 2015; Ord. 911 § 1, 2014; Ord. 909 § 5, 2014; Ord. 900 § 4 (Att. A), 2013)

20.12.030 “B” definitions.

“Bay window” means a projecting bay from an exterior wall of a structure that contains window glazing over at least 50 percent of any surface of the bay that does not lie perpendicular to the exterior wall. The bay window may be directly supported by a foundation or it may be cantilevered out from an exterior wall.

“Berm” means a manmade earthen or other type of mound erected to provide a visual interest, visual screening and/or decrease noise.

“Best available science” means current scientific information used in the process to designate, protect, or restore critical areas, that are derived from a valid scientific process as defined by WAC 365-195-900 through 365-195-925. Sources of best available science are included in “Citations of Recommended Sources of Best Available Science for Designating and Protecting Critical Areas” published by the Washington State Department of Commerce.

“Best management practices” means conservation practices or systems of practices and management measures that:

1. Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxics, and sediment;

2. Minimize adverse impacts to surface water and ground water flow, circulation patterns, and to the chemical, physical, and biological characteristics of streams and wetlands;

3. Protect trees and vegetation designated to be retained during and following site construction; and

4. Provide standards for proper use of chemical herbicides within critical areas.

The city of Medina shall monitor the application of best management practices to ensure that the standards and policies of this title are adhered to.

“Biofiltration treatment” means a type of treatment best management practice that is vegetated (typically with grass) and is designed to remove pollutants from stormwater by means of sedimentation, filtration, soil sorption, and/or plant uptake.

“Bioretention” means a type of low impact development best management practice that is engineered and is designed to store and treat stormwater by passing it through a specified soil profile, and either retains or detains the treated stormwater for flow attenuation.

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

“Bond” means a satisfactory security to insure performance and/or warranty. The form of the security shall be determined by the director.

“Buffer” means an area contiguous to a critical area that is required for the continued protection, maintenance, functioning, and/or structural stability of a critical area.

“Buildable lot” means a tract or parcel of land, legally created, which may be used for the placement of structures separate from other parcels.

“Building” means any structure having a roof supported by columns or walls used or intended for supporting or sheltering any use or occupancy.

“Building envelope” means the space defined by the vertical, horizontal and mixed planes of an existing or proposed structure, including that portion of the structure which is at or under the ground.

“Building official” means the same as the term that is defined in the building codes adopted in Chapter 20.40 MMC.

“Building site” means a parcel of land or lot under single ownership and control and otherwise qualified as a building site under regulations of the city, which, at the time of filing for a building permit, is designated by its owners or developers as the site to be used, developed or built upon as a unit.

“Bulkhead” means a wall or embankment used for retaining earth. For properties located within the jurisdiction of the Shoreline Management Act see the Medina shoreline master program.

“Business day” means Monday through Friday, except for legal holidays as set forth in RCW 1.16.050(1). (Ord. 969 § 3 (Exh. A), 2019; Ord. 955 § 1, 2018; Ord. 924 § 5, 2015; Ord. 900 § 4 (Att. A), 2013)

20.12.040 “C” definitions.

“Caliper, tree” means synonym for trunk diameter used to measure the size of nursery trees. Caliper measurement of the trunk is taken six inches above the ground up to and including four-inch caliper size. If the caliper at six inches above the ground exceeds four inches, the caliper is measured at 12 inches above the ground.

“Carport” means a building or structure or part thereof which is not wholly enclosed and is used for the parking or storage of passenger vehicles.

“Channel migration zone (CMZ)” means the lateral extent of active stream channel movement over the past 100 years. Evidence of active movement over the 100-year time frame can be inferred from aerial photos or from specific channel and valley bottom characteristics. A time frame of 100 years was chosen because aerial photos, maps and field evidence can be used to evaluate movement in this time. A CMZ is not typically present if the valley width is generally less than two bank full widths, is confined by terraces, no current or historical aerial photographic evidence exists of significant channel movement, and there is no field evidence of secondary channels with recent scour from stream flow or progressive bank erosion at meander bends. Areas separated from the active channel by legally existing artificial channel constraints that limit bank erosion and channel avulsion without hydraulic connections shall not be considered within the CMZ.

“City” means city of Medina.

“Clearing” means cutting, grubbing or removing vegetation or other organic plant material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of clearing, “cutting” means the severing of the main trunk or stem of woody vegetation at any point.

“Closed-record appeal” means an administrative appeal on the record on a project permit application following an open-record hearing with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.

“Clubhouse” means a building used by a club, being an association of persons with a common interest meeting periodically for shared activity.

“Co-location” means the use of a single support structure and/or site by more than one telecommunication carrier of wireless communication.

“Commercial” means the use of land, building or structure relating to the buying and selling of goods and services.

“Compatible” means a building, structure, activity or use that blends with, conforms to, or is harmonious with the surrounding ecological, physical, visual or cultural environment.

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

1. Restoration. Actions performed to reestablish critical area 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 critical area.

2. Creation. Actions performed to intentionally establish a critical area at a site where it did not formerly exist.

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

“Comprehensive plan” means the adopted Medina comprehensive plan, listing the goals and policies regarding land use within the city.

“Conditional use, special use” means a use permitted in a particular zone only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified and authorized by law.

“Coniferous trees” means those trees that are called evergreen, have needles or scales for leaves, and bear seeds in protective cones. This includes conifer trees that lose their needles in the fall.

“Contour line” means the interconnection of points having the same height above sea level.

“Cost of construction (including maintenance and repairs)” means the true value in the open market of all work required to accomplish the proposed construction, as defined by the International Building Code for the purpose of computing building permit fees. The true value shall include reasonable true market values for the materials and labor and include normal contractor profit and overhead and design fees, but exclude Washington State and local sales taxes and permit fees.

“Cottage” means a detached single-family dwelling unit used as a secondary dwelling on a property.

“Court” means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls or buildings.

“Court of competent jurisdiction” means the judicial body empowered to adjudicate the question under consideration.

“Critical areas” means critical areas as defined in RCW 36.70A.030 and amendments thereto, and this title. (Ord. 975 § 2, 2019; Ord. 969 § 3 (Exh. A), 2019; Ord. 924 § 6, 2015; Ord. 909 § 6, 2014; Ord. 900 § 4 (Att. A), 2013)

20.12.050 “D” definitions.

“Day” means calendar days.

“Deciduous trees” means perennial trees that lose all of their leaves at one time of the year.

“Deck” means a structure attached to a wall of a building designated, established, and/or installed to provide for entrance or exit, outdoor living, cooking, and/or recreation, some sides of which are open and which may or may not have a permanent overhead covering. (See definitions for “porch” and “veranda.”)

“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.

“Development” means a change in the use of any land, building, or structure for any purpose, and shall include the carrying out of any building, engineering construction or other operation in, on, over or under land, or the construction, addition or alteration of any building or structure.

“Development permits” means all permits and associated approvals administered by the city associated with development.

“Development regulations” means the controls placed on development or land use activities including but not limited to building codes, zoning, critical areas, shoreline master programs, official controls, and subdivisions, together with any amendments thereto.

“Diameter breast height” or “DBH” means the diameter measurement in inches of the outside bark of a tree trunk, measured at four and one-half feet above the surrounding existing ground surface. The vertical measurement is taken at the mid-slope of the surrounding ground surface. The DBH for multi-trunk trees forking below the four-and-one-half-foot mark is determined by measuring the diameter of the tree trunk at the narrowest part of the main stem below the tree fork. The DBH for multi-trunk trees splitting at ground level is determined by taking the square root of the sum of all squared stem caliper. See Figures below.

Figures Measuring DBH

“Diameter of replacement tree” means the replacement tree diameter using caliper as the measurement. Multi-trunk trees shall be measured by taking one-half the caliper of up to the three largest trunks and summing them.

“Director” means the city manager or designee appointed by the city manager to administer this title or parts of this title.

“Dispersion” means a type of low impact development best management practice designed to release surface and stormwater runoff such that the flow spreads over a wide area and is located so as not to allow flow to concentrate anywhere upstream of a drainage channel with erodible underlying granular soils.

“Division of land” means any segregation of land that creates lots, tracts, parcels, or sites not otherwise exempted by this title that alters or affects the shape, size or legal description of any part of the owner’s land.

“Drainage facility” means the system of collecting, conveying and storing surface and storm runoff. Drainage facilities shall include but not be limited to all surface and stormwater runoff conveyance and containment facilities including streams, pipelines, channels, ditches, infiltration facilities, retention/detention facilities, and other drainage structures and appurtenances.

“Driveway” means an area of the subject property designed to provide vehicular access to a parking area or structure contained on the subject property.

“Driveway apron” means that portion of a driveway connecting to a public roadway or to a private lane. The driveway apron provides a transition between the street, driveway, and sidewalk (if present).

“Dwelling” means a building used or intended for residential occupancy.

“Dwelling unit” means one or more rooms or structures providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, cooking and sanitation. (Ord. 969 § 3 (Exh. A), 2019; Ord. 924 § 7, 2015; Ord. 923 § 1, 2015; Ord. 909 § 7, 2014; Ord. 900 § 4 (Att. A), 2013)

20.12.060 “E” definitions.

“Easement” means a negotiated interest in the land of another which allows for the easement holder specified uses or rights without actual ownership of the land.

“Eave” means a roof overhang, free of enclosing walls, without supporting columns.

“Electric utility facilities,” as used in Chapter 20.73 MMC, means unstaffed facilities except for the presence of security personnel that are used for or in connection with, or to facilitate the transmission, distribution, sale, or furnishing of electricity including, but not limited to, electric power substations.

“Emergent wetland” means a regulated wetland with at least 30 percent of the surface area covered by erect, rooted, herbaceous vegetation extending above the water surface as the uppermost vegetative strata.

“Environmental review” means all reviews administered pursuant to Chapter 43.21 RCW and Chapter 18.04 MMC.

“Equipment housing structure” means the structure used to shelter equipment (i.e., electronics, cooling and heating devices, emergency generators, etc.) necessary for processing wireless communication signals including, but not limited to, vaults, cabinets and similar assemblies.

“Erosion” means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep.

“Erosion hazard areas” means at least those areas identified by the U.S. Department of Agriculture’s Natural Resources Conservation Service as having a “moderate to severe,” “severe,” or “very severe” rill and inter-rill erosion hazard.

“Excessive vegetation” means the following:

1. Weeds more than eight inches in height;

2. Uncared-for grass more than eight inches in height; and

3. Any vegetation or weed that poses a health hazard, a fire hazard, or that impairs the view of a public road right-of-way or renders use of the road otherwise hazardous.

“Existing nonresidential building” means an existing building or structure that contains a nonresidential use or supports a nonresidential use.

“Exotic” means any species of plants or animals which are foreign to the planning area. (Ord. 969 § 3 (Exh. A), 2019; Ord. 924 § 8, 2015; Ord. 900 § 4 (Att. A), 2013)

20.12.070 “F” definitions.

“Failure” or “failure mode” when used for assessing hazard trees means the breakage of stem, branches, roots, or loss of mechanical support in the root system.

“Failure, consequences” when used for assessing hazard trees means an estimate by the city arborist on the value of the target and the harm that may be done to it by a tree failure. The consequence depends on the part size, fall characteristics, fall distance, and other factors that may protect the risk target from harm. The consequence of failure can be categorized as follows:

1. Negligible: are those consequences that involve low-value property damage or disruption that can be replaced or repaired, and do not involve personal injury;

2. Minor: are those consequences that involve low to moderate property damage, small disruptions to traffic or a communication utility, or very minor personal injury;

3. Significant: are those consequences that involve property damage of moderate to high value, considerable disruption, or personal injury; or

4. Severe: are those consequences that involve serious personal injury or death, damage to high-value property, or disruption of important activities such as a strike on an occupied house, disruption of high-voltage distribution and transmission lines, or disruption of arterial traffic or motorways.

“Failure, likelihood” when used for assessing hazard trees means the chance of an event occurring. The likelihood of failure can be categorized as follows:

1. Improbable: the tree or branch is not likely to fail during normal weather conditions and may not fail in many severe weather conditions within a reasonable time period;

2. Possible: failure could occur, but is unlikely during normal weather conditions within a reasonable time period;

3. Probable: failure may be expected under normal weather conditions within a reasonable time period; or

4. Imminent: failure has started or is most likely to occur in the near future, even if there is no significant wind or increased load.

“Family” means one or more persons living together as a single housekeeping unit in a dwelling unit.

“Family day care home” means a person who regularly provides child care and early learning services during part of the 24-hour day to 12 or fewer children. Children include both the provider’s children, close relatives and other children irrespective of whether the provider gets paid to care for them. They provide their services in the family living quarters of the day care provider’s home.

“Feasible” means an action, such as a development project, mitigation, or preservation requirement that meets all of the following criteria:

1. Can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests that have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results;

2. Provides a reasonable likelihood of achieving its intended purpose; and

3. Does not physically preclude achieving the project’s primary intended legal use.

“Fence” means a wall or barrier structure of any material or combination of materials erected to enclose, screen, or separate areas of land, excluding retaining walls and rockeries.

“Fish and wildlife habitat conservation” means areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness. These areas include:

1. Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association;

2. Habitats of local importance, including, but not limited to, areas designated as priority habitat by the Department of Fish and Wildlife;

3. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds intentionally created from dry areas in order to mitigate impacts to ponds;

4. Waters of the state, including lakes, ponds, streams, inland waters, underground waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington;

5. State natural area preserves and natural resource conservation areas; and

6. Land essential for preserving connections between habitat blocks and open spaces.

“Fish and wildlife habitat conservation area” means land management for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created as designated by WAC 365-190-130.

“Flood or flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation of runoff of surface waters from any source.

“Floodplain” is synonymous with 100-year floodplain and means that land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year.

“Floor area, gross” means the total floor area measured between the exterior faces of the exterior walls.

“Footprint” means the entire area of ground surface covered by a structure, including any areas directly beneath a structure that is above the ground surface, measured along the outermost parameter of the structure, including any outer elements such as gutters.

“Forested wetland” means a regulated wetland with at least 30 percent of the surface area covered by woody vegetation greater than 20 feet in height that is at least partially rooted within the wetland.

“Freestanding wall” means a wall structure standing alone or on its own foundation free of support or attachment or affiliation with other structures in close proximity and built to act as a fence or to provide buffering from noise or other undesirable impacts.

“Functions and values” means the beneficial roles served by critical areas including, but not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance and attenuation; ground water recharge and discharge; erosion control; wave attenuation; protection from hazards; historical, archaeological and aesthetic value protection; and recreation. These beneficial roles are not listed in order of priority. (Ord. 969 § 3 (Exh. A), 2019; Ord. 932 § 3, 2016; Ord. 924 § 9, 2015; Ord. 923 § 2, 2015; Ord. 916 § 1, 2015; Ord. 900 § 4 (Att. A), 2013)

20.12.080 “G” definitions.

“Gazebo” or “pavilion” means a fully or partly roofed or covered freestanding structure fully or partly open at the sides designed, established and installed to provide outdoor living, cooking and/or recreation.

“Geologically hazardous areas” means areas that may not be suited to development consistent with public health, safety or environmental standards, because of their susceptibility to erosion, sliding, earthquake, or other geologic events as designated by WAC 365-190-120. In the city of Medina, types of geologically hazardous areas include erosion, landslide, and seismic hazards.

“Golf course” means an area with at least nine holes for playing golf, including improved tees, greens, fairways, hazards, and a driving range. Facility may include a clubhouse with related pro-shop, restaurant/food, and alcohol service.

“Grade, existing; existing grade” means the ground elevation existing on a lot at the time an application for a building or other development permit is filed at the city.

“Grade, finished; finished grade” means the ground elevation after any lot development is completed.

“Grade, original; original grade” means the natural ground elevation that existed prior to any lot development or manmade modifications in the first instance. (See MMC 20.23.080.)

“Grading” means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land.

“Grading” when used with Chapter 20.50 MMC means any excavation, filling, removal of topsoil, or any combination thereof.

“Greenhouse” means a building wherein the temperature and humidity can be regulated for the cultivation of plants.

“Grid system” means a type of permeable pavement made with a concrete or plastic grid that contains and stabilizes gravel or topsoil and grass and allows water to infiltrate.

“Ground water” means water in a saturated zone or stratum beneath the surface of land or a surface water body.

“Growth Management Act” means Chapter 36.70A RCW, as amended.

“Grubbing” means to clear by digging up roots and or stumps. See “Clearing.”

“Guests” means those who occupy upon invitation of the owner or lessee without charge or other consideration for such occupancy.

“Gutter,” depending on its context, means:

1. On a roof, a gutter is a shallow trough fixed to the edge of a roof or eave for the carrying off of rainwater; or

2. On grade, a gutter is a channel for draining off water at the edge of a street or road. (Ord. 969 § 3 (Exh. A), 2019; Ord. 932 § 4, 2016; Ord. 924 § 10, 2015; Ord. 923 § 3, 2015; Ord. 909 § 8, 2014; Ord. 900 § 4 (Att. A), 2013)

20.12.090 “H” definitions.

“Habitat conservation areas” means areas designated as fish and wildlife habitat conservation areas.

“Hardscape” means any inorganic decorative landscape materials, including but not limited to stones, boulders, cobbles, pavers, decorative concrete incorporated into an overall landscape design of the grounds. This definition includes, but is not limited to, patios, walkways, steps, and other paved areas on the ground.

“Hazard areas” means areas designated as geologically hazardous areas due to potential for erosion, landslide, seismic activity, or other geologic condition.

“Hazard tree” means a tree designated by the city arborist as having a high to extreme risk using the International Society of Arborists Tree Risk Assessment Qualification (TRAQ) system. A hazard tree must have a likely or very likely potential to fail and a target that might sustain injury or damage. Hazard trees are created through a variety of circumstances including human influences, disease, and weather.

“Hearing body” means the body designated by the city council to preside over an open-record hearing or closed-record appeal.

“Hearing examiner” means the person appointed pursuant to MMC 2.78.020 with the powers and duties prescribed in Chapter 2.78 MMC.

“Height” means a vertical distance measured between two points.

“Horticulture” means the occupation of cultivating plants, especially flowers, fruit, and vegetables.

“Hot tub” means a hydro-massage pool, or tub for recreational or therapeutic use designed for immersion of users, and usually having a filter, heater, and motor-driven blower.

“Household staff” means individuals who spend more than 50 percent of their working time employed at the residence site and in no event work less than 20 hours per week, including caregivers.

“Housekeeping unit” means one or more persons living together sharing household responsibilities and activities, which may include sharing expenses, chores, eating evening meals together and participating in recreational activities and having close social, economic and psychological commitments to each other. A housekeeping unit does not include larger institutional group living situations such as dormitories, fraternities, sororities, and similar groups where the common living arrangement or basis for the establishment of the housekeeping unit is temporary.

“Hydraulic project approval (HPA)” means a permit issued by the State Department of Fish and Wildlife for modifications to waters of the state in accordance with Chapter 75.20 RCW.

“Hydric soil” means a soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in the approved federal wetland delineation manual and applicable regional supplements.

“Hydrophytic vegetation” means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be determined following the methods described in the approved federal wetland delineation manual and applicable regional supplements. (Ord. 969 § 3 (Exh. A), 2019; Ord. 924 § 11, 2015; Ord. 923 § 4, 2015; Ord. 916 § 2, 2015; Ord. 909 § 9, 2014; Ord. 900 § 4 (Att. A), 2013)

20.12.100 “I” definitions.

“Impervious surface” means any hard surface area which either prevents or retards the entry of water into the soil mantle as it would otherwise enter under natural conditions preexisting to development, or any hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow as it would otherwise under natural conditions preexisting to development. Examples include impenetrable materials such as asphalt, concrete, brick, stone, wood and rooftops.

“Impervious surface area” means the total square feet of impervious surfaces located on a lot.

“Isolated wetland” means those wetlands that are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream, and have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water. (Ord. 969 § 3 (Exh. A), 2019; Ord. 924 § 12, 2015; Ord. 900 § 4 (Att. A), 2013)

20.12.110 “J” definitions.

“Joint aquatic resources permit application (JARPA)” means a single application form that may be used to apply for shoreline management permits, approvals of exceedance of water quality standards, water quality certifications, Coast Guard bridge permits, Department of Natural Resources use authorization, and Army Corps of Engineers permits. (Ord. 969 § 3 (Exh. A), 2019; Ord. 924 § 13, 2015)

20.12.130 “L” definitions.

“Land alteration” means any movement or modification of more than 25 cubic yards of earth material on any site.

“Landscape” means plant materials, topography, and other natural physical elements combined in relation to one another and to manmade structures.

“Landscaping” means the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation.

“Landslide hazard areas” means areas that are potentially subject to risk of mass movement due to a combination of geologic, topographic, and hydrologic factors. These areas are typically susceptible to landslides because of a combination of factors including bedrock, soil, slope (gradient), slope aspect, geologic structure, ground water, hydrology, or other factors.

“Lane, private” means a developed private right-of-way which provides vehicle access to more than one lot abutting thereon. (See Chapter 20.91 MMC.)

“Lattice tower” means a support structure characterized by an open framework of lateral cross members which stabilize the structure.

“Lot” means (1) a fractional part of divided lands having fixed boundaries being of sufficient area and dimension to meet the minimum and maximum underlying zoning district requirements for width, area and street frontage; (2) land having fixed boundaries used as a “building site.” The term includes parcels and tracts.

“Lot area” means the dry land area of a lot, which is further defined as land area exclusive of shorelands, except those which by recession of water or bulkhead have become dry land above the high water level.

“Lot area, gross” means all areas within the boundaries of a lot.

“Lot area, net” means the lot area exclusive of the area of any vehicular private lane, vehicular right-of-way, vehicular access easement, or any areas unbuildable due to the presence of critical areas as defined in Chapter 20.50 MMC.

“Lot, corner” means a lot situated at the intersection of, and abutting upon, the intersection of two or more streets, or the intersection of a street and a private lane, or upon two parts of the same street, provided the interior angle of intersection is not more than 135 degrees. In the case of a curved corner, the tangents at the street extremities of the side lot lines shall be used for forming the angle.

“Lot line adjustment” means a minor movement of a property line between two or more adjoining parcels. Lot line adjustments are used to correct minor trespasses (such as building a shed over a property line) or to add acreage to a parcel for the owner’s convenience.

“Lot, through” means a lot bounded on two opposite sides by streets; provided, however, that if any lot qualifies as being both a corner lot and a through lot, such lot shall be deemed to be a corner lot for the purposes of the zoning code.

“Low impact development best management practice” means any one of several distributed stormwater management practices, integrated into a site, that emphasize pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to: bioretention, rain gardens, permeable pavements, dispersion, and water reuse. Further information can be found in the stormwater manual adopted under MMC 20.43.200.

“Luminance” means the light that is emitted by or reflected from a surface. Measured in units of luminous intensity (candelas) per unit area (square meters in SI measurement units or square feet in English measurement units). Expressed in SI units as cd/m², and in English units as foot lamberts. Sometimes also expressed as “nits,” a colloquial reference to SI units. Can be measured by means of a luminance meter. (Ord. 969 § 3 (Exh. A), 2019; Ord. 955 § 2, 2018; Ord. 924 § 14, 2015; Ord. 909 § 10, 2014; Ord. 900 § 4 (Att. A), 2013)

20.12.140 “M” definitions.

“Manufactured home” means a single-family dwelling required to be built in accordance with regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.).

“Marijuana use” includes the following:

1. “Marijuana cooperative” means the same as described in RCW 69.51A.250 and amendments thereto;

2. “Marijuana processor” means a person or entity who processes marijuana into usable marijuana and marijuana-infused products, packages and labels usable marijuana and marijuana-infused products for sale in retail outlets, and sells usable marijuana and marijuana-infused products at wholesale to marijuana retailers;

3. “Marijuana producer” means a person or entity who produces and sells marijuana at wholesale to marijuana processors and other marijuana producers;

4. “Marijuana retailer” means a person or entity who sells usable marijuana and marijuana-infused products in a retail outlet;

5. “Marijuana researcher” means a person or entity licensed to produce, process, and possess marijuana for limited research purposes pursuant to RCW 69.50.372.

The terms in RCW 69.50.101, and amendments thereto, shall be used to interpret further the meaning of marijuana use.

“Mechanical equipment” means any machine or system containing moving parts such as motors, valves, relay switches, compressors, fans or similar components, including but not limited to those used to circulate and/or condition air, water, refrigerant, effluent or products of combustion.

“Medina tree fund” means a fund established by the city for the financial mitigation for tree removal consistent with Chapter 20.52 MMC. The fund is to be used to plant trees on public lands as deemed appropriate by the city manager or designee. In addition, the fund may be used to maintain public trees, develop a community tree management plan, and to pay costs related to the city arborist or other consultants to carry out the purposes of the Medina tree code (Chapter 20.52 MMC).

“Mitigation” means avoiding, minimizing or compensating for adverse critical areas impacts. Mitigation, in the following order of preference, is:

1. Avoiding the impact altogether by not taking a certain action or parts of an action;

2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts;

3. Rectifying the impact to wetlands and habitat conservation areas by repairing, rehabilitating or restoring the affected environment to the conditions existing at the time of the initiation of the project;

4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods;

5. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action;

6. Compensating for the impact to wetlands and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and

7. Monitoring the hazard or other required mitigation and taking remedial action when necessary.

Mitigation for individual actions may include a combination of the above measures.

“MMC” means Medina Municipal Code as adopted pursuant to Chapter 1.01 MMC.

“Monopole” means a single upright pole, engineered to be self-supporting that does not require lateral cross supports and is sunk into the ground and/or attached to a foundation. (Ord. 969 § 3 (Exh. A), 2019; Ord. 933 § 3, 2016; Ord. 924 § 15, 2015; Ord. 923 § 5, 2015; Ord. 911 § 2, 2014; Ord. 909 § 11, 2014; Ord. 900 § 4 (Att. A), 2013)

20.12.150 “N” definitions.

“Native growth protection area (NGPA)” means an area where native vegetation is preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering and protecting plants and animal habitat.

“Native vegetation” means plant species native to the Puget Sound region, excluding noxious weeds. Cultivars, plant varieties that have been produced in cultivation by selective breeding, with genetics predominantly composed of native species, are acceptable to meet the “native vegetation” definition.

Net Lot Area. See definition of “lot area, net.”

“Nonconforming lot” means a lot that does not meet the lot area, width, or street frontage requirements of the zone in which it is located, but was lawfully created prior to the effective date of the zone or subsequent amendments thereto.

“Nonconforming structure” means any structure that does not comply with the required setbacks, height, structural coverage and other development regulations in which it is located, but was lawfully constructed prior to the effective date of the development regulation, or subsequent amendments thereto, and was continually maintained without abandonment as defined in this chapter. This term applies whether or not the nonconformity was permitted by a variance.

“Nonconforming use” means any activity, development, or condition that by the zone in which it is located is not permitted outright or permitted as an accessory use, or is not permitted by a conditional use permit or other special permitting process, but was lawfully created prior to the effective date of the zone, or subsequent amendments thereto, and was continually maintained without abandonment as defined in this chapter. A nonconforming use may or may not involve structures and may involve part of, or all of, a structure or property.

Nonindigenous. See “Exotic.” (Ord. 969 § 3 (Exh. A), 2019; Ord. 924 § 16, 2015; Ord. 900 § 4 (Att. A), 2013)

20.12.160 “O” definitions.

“Occupancy” means the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.

“Off site” means an activity or use that is related to a specific principal use, but is not located on the same site as the principal use.

“On site” means an activity or use that is related to a specific principal use, and is located on the same site as the principal use.

“Open-record appeal hearing” means an open-record hearing held on an appeal when no predecision hearing has been held on the project permit application.

“Open-record hearing” means a hearing that creates the city’s record through testimony and submission of evidence and information, under procedures prescribed by the city by ordinance or resolution. An open-record hearing held prior to the city’s decision on a project permit application shall be known as a “predecision hearing.”

“Ordinary high water mark (OHWM)” means that mark which is 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, that the soil has a character distinct from that of the abutting upland in respect to vegetation.

“Outdoor mechanical equipment” means mechanical systems, including, but not limited to, compressors, generators, heating systems, cooling systems, and similar mechanical devices that are located outside of a building.

“Overlay zone” means a set of zoning requirements that is mapped and is imposed in addition to those of the underlying zoning district.

“Owner” means one who has legal title to ownership, or an authorized agent of the owner who has written authorization to act on behalf of the owner, or a purchaser under a contract for the sale of real property. (Ord. 969 § 3 (Exh. A), 2019; Ord. 924 § 17 2015; Ord. 900 § 4 (Att. A), 2013)

20.12.170 “P” definitions.

Parcel. See definition of “lot.”

“Park, public” means a natural, landscaped, or developed area, which may or may not contain structures, that is provided by a unit of government to meet the active or passive, outdoor or indoor, recreational needs of people.

“Parking area” means any area designed and/or used for parking vehicles and other motorized transportation.

“Parking space” means an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use.

“Parties of record” means:

1. The applicant and any appellant;

2. The property owner, if different than the applicant;

3. The city;

4. Any person or public agency who individually submitted written comments to the city prior to the closing of the comment period provided in a legal notice;

5. Any person or public agency who individually submitted written comments for or testified at a predecision hearing;

6. Any person or public agency who submitted to the city a written request to specifically receive the notice of decision or to be included as a party of record prior to the closing of an open-record predecision hearing.

7. A party of record does not include a person who has only signed a petition. (See MMC 20.80.160.)

“Patio” means a hard surfaced area of the ground beyond a building designed, established and/or installed to provide for outdoor living, cooking and recreation, some sides of which are open and which may or may not have a permanent overhead covering.

“Penthouse, stair and elevator” means an enclosed structure on or above the roof of any part of a building, which is designed or used for ingress and egress by means of stairs or an elevator.

“Permit fee” means a payment of money imposed upon development as a condition of application for or approval of development to cover the costs of processing applications, inspecting and reviewing plans or other information required to be submitted for purpose of evaluating an application, or inspecting or monitoring development activity.

“Person” means, as used in this title, any individual, partnership, association, corporation, unit of government or any other legal entity.

“Personal wireless service facilities” means the same as that phrase is given meaning pursuant to 47 U.S.C. 332(c)(7)(C)(ii).

“Personal wireless services” means the same as that phrase is given meaning pursuant to 47 U.S.C. 332(c)(7)(C)(i).

“Permeable interlocking concrete pavements (PICP)” means a type of permeable pavement made with manufactured modular concrete paving units. Pavements constructed with these pavers create joints that are filled with permeable aggregates and installed on an open-graded bedding course to allow water to infiltrate.

“Permeable pavement” means a low impact development best management practice consisting of paving material which is designed to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir.

“Pervious concrete” means a type of permeable pavement made with a rigid pavement similar to conventional concrete with the fine material reduced to form voids between the aggregate and allow water to infiltrate.

“Planned land use development (PLUD)” means the provisions for varying zoning requirements adopted by Ordinance No. 213 and repealed by Ordinance No. 435.

“Plantable area, right-of-way” means the pervious surface portion of the city’s street rights-of-way located between the street surface edge and the adjoining property line. The plantable area also includes the area of any planting strip between the existing sidewalk or pathway and the edge of the street. The plantable area excludes the sidewalk and driveways.

“Planting bed boxes, raised” means a series of walls fit closely together, without a cover, each wall one foot wide or less, used to frame soils elevated above the finished grade for growing plants and built of timber, stone, brick, concrete and similar types of framing materials.

“Plat” means a 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 certificate” means a title report or subdivision guarantee that is prepared by a title company for the property contained in a proposed short subdivision, subdivision or binding site plan, to include, as a minimum, all owners of record, easements and encumbrances affecting said property.

“Plat, final” means the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this chapter and Chapter 58.17 RCW.

“Plat, preliminary” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements consistent with the requirements of this chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision or short subdivision.

“Plat, short” means the map or representation of a short subdivision.

“Ponds” means areas of open water fed by springs, or fed by natural and enhanced drainage ways, which are so intrinsically associated with a wetland, stream or natural watercourse as to merit protection under the provisions of this chapter.

“Porch” means a structure abutting a main wall of a building having a roof, but with walls that are generally open and unenclosed and with direct access to or from a building. An uncovered porch is similar to an uncovered deck, but provides main access to or from a building. (See “deck” and “veranda.”)

“Porous asphalt” means a type of permeable pavement made with a flexible pavement similar to standard asphalt that uses a bituminous binder with the fine material reduced to form voids between the aggregate and allow water to infiltrate.

“Practical alternative” means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having fewer impacts to critical areas.

“Premises” means the same as the definition in MMC 8.04.010(D).

“Priority habitat” means habitat type or elements with unique or significant value to one or more species as classified by the Department of Fish and Wildlife. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element (WAC 173-26-020(28)).

“Profit” means the value difference in what a building or structure is worth as a result of improvements made to the building or structure, and the cost of replacement of the building or structure. For the purpose of this chapter “profit” shall be an estimate.

“Project permit” or “project permit application” means any land use or environmental permit or license required from the city for a project action, including but not limited to building permits, subdivisions, conditional/special uses, shoreline permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan, tree removal permits, and right-of-way permits, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations.

“Property line” means the legal boundary of a parcel of land.

“Property line, front” means, unless otherwise set forth in this title, the property line contiguous with the street right-of-way.

“Property line, rear” means, unless otherwise set forth in this title, any property line other than the front property line which is parallel to the front property line or within 45 degrees of being parallel to the front property line.

“Property line, side” means any property line that is not a front or rear property line.

“Pruning” means the selective removal of branches and/or trunks following ANSI standards for safety, health, structure, shape, and aesthetics. This definition includes trimming. Except where approved by the city arborist to reduce a hazard, pruning shall be consistent with one of the following methods:

1. Clean: Cleaning a tree shall consist of pruning to remove one or more nonbeneficial parts: dead, diseased, and/or broken branches;

2. Raise: Selective pruning to provide vertical clearance;

3. Reduce: Selective pruning to decrease the height and/or spread of a tree and shall not reduce the foliage crown by more than 25 percent annually (this method is employed to minimize risk of failure, balance the canopy, height and spread reduction, utility clearance or to improve tree aesthetics); or

4. Thin: Selective pruning to reduce the density of small live branches typically in the 10 to 15 percent range of the foliage crown, but not exceeding 25 percent annually.

“Pruning, hazard” means removing hazardous branches throughout a canopy, or in a clearly specified area of the canopy where safety considerations are paramount. Such branches may be broken, exceedingly weighted, or cracked.

“Public meeting” means an informal meeting, hearing, workshop, or other public gathering of persons to obtain comments from the public or other agencies on a proposed project permit prior to the city’s decision. A public meeting does not include an open-record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the city’s project permit application file.

“Public safety use” means police, fire and similar emergency services provided by a public entity. (Ord. 969 § 3 (Exh. A), 2019; Ord. 960 § 1, 2018; Ord. 932 § 5, 2016; Ord. 924 § 18, 2015; Ord. 909 § 12, 2014; Ord. 900 § 4 (Att. A), 2013)

20.12.180 “Q” definitions.

“Qualified professional” means a person with experience and training in the applicable critical area. 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 streams and fish and wildlife habitat conservation areas or wetlands must have a degree in biology or related field and relevant professional experience.

2. A qualified professional for a geologic hazard must be a professional engineer or geologist, licensed in the state of Washington. (Ord. 969 § 3 (Exh. A), 2019; Ord. 924 § 19, 2015)

20.12.190 “R” definitions.

“Rain garden” means a type of low impact development best management practice designed as a non-engineered, shallow, landscaped depression, with compost-amended native soils and adapted plants. The depression is designed to pond and temporarily store stormwater runoff from adjacent areas, and to allow stormwater to pass through the amended soil profile.

“Reconstruction” means to undertake construction within and/or on an existing structure which has a valid construction permit with fair-market construction costs greater than 60 percent of the replacement cost of the existing structure being enlarged, extended, repaired, remodeled, or structurally altered. All project phases necessary to result in a habitable building must be included. The calculation for fair market construction costs shall include all costs of construction associated with the structure for a period beginning on the date of permit issuance and ending 18 months after the date the permit is finalized by the city.

“Recreational facility” means a place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities.

“Religious facility” means an establishment for the purpose of public worship where the principal building or other structure contains the sanctuary or principal place of worship, and which includes related accessory uses.

“Removal, tree” or “tree removal” means uprooting, severing the main trunk of the tree or any act which causes, or may reasonably be expected to cause, the tree to die, including but not limited to damage inflicted upon the root system by machinery, storage of materials, or soil compaction; substantially changing the natural grade above the root system or around the trunk; excessive pruning; or paving with concrete, asphalt, or other impervious materials in a manner which may reasonably be expected to kill the tree.

“Replacement cost” means the square footage of the structure multiplied by local building costs per square foot for the type of structure, or a similar method of calculation.

“Replacement tree” means a coniferous or deciduous tree required by the city to be planted as replacement for an existing tree proposed for removal.

“Residential use property” means all portions of any property which contain a residence and all portions of any vacant property which is zoned for residential use, including property located in adjoining jurisdictions.

“Responsible person” means the same as “person responsible for a violation” set forth in MMC 1.15.020(B).

“Restoration” means measures taken to restore an altered or damaged natural feature including:

1. Active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers to the functioning condition that existed prior to an unauthorized alteration; and

2. Actions performed to reestablish structural and functional characteristics of the critical area that have been lost by alteration, past management activities, or catastrophic events.

“Retaining wall” means a structure constructed to hold back or support an earthen bank.

“Right-of-way” means a public or private area that allows for the passage of people or goods. Right-of-way includes passageways such as freeways, streets, bike paths, alleys, and walkways. A public right-of-way is a right-of-way that is dedicated or deeded to the public for public use and under the control of a public agency.

“Rockery” means a soil retaining or stabilizing structure composed of stacked rock that is not attached together by any bonding agent, such as mortar.

“Rooftop play area, outdoor” means an area used for outdoor play or recreation, especially by children, and often containing play equipment, located on a school rooftop. (Ord. 969 § 3 (Exh. A), 2019; Ord. 960 § 1, 2018; Ord. 924 § 20, 2015; Ord. 909 § 13, 2014; Ord. 900 § 4 (Att. A), 2013)

20.12.200 “S” definitions.

“School” means a school operation with 13 or more attendees at any one time, not including immediate family members who reside in the school or employees.

“School operation” means any institution of learning, excluding those offering post-secondary education, offering instruction in the several branches of learning and study required by the Basic Education Code of the state of Washington to be taught in the public, private and parochial school.

“Scrub-shrub wetland” means a regulated wetland with at least 30 percent of its surface area covered by woody vegetation less than 20 feet in height as the uppermost strata.

“Security barrier” means an obstruction, such as fences, walls, vegetation and similar elements that restricts public access.

“Seismic hazard areas” means areas that are subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, lateral spreading, or surface faulting.

Sensitive Areas. See “Critical areas.”

SEPA. See definition of “State Environmental Policy Act (SEPA).”

“Service area” means the vicinity around a wireless communication facility that effectively receives signals from and transmits signals to the facility.

“Setback” means the minimum distance from the property line to where a structure may be built. (See MMC 20.22.030.)

“Setback area” means the area of a lot or building site between the property line and the limits set by city regulations within which no permanent structure may intrude unless allowed otherwise by law.

“Shorelands or shoreland areas” means those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark or floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes and tidal waters which are subject to the provisions of the Washington State Shoreline Management Act of 1971 and the city of Medina shoreline master program, Chapters 20.60 through 20.67 MMC.

“Shorelines” means all of the water areas of the state as defined in RCW 90.58.030, including reservoirs and their associated shorelands, together with the lands underlying them except:

1. Shorelines of statewide significance;

2. Shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less and the wetlands associated with such upstream segments; and

3. Shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes.

“Shorelines of statewide significance” means those areas defined in RCW 90.58.030 and limited in the city of Medina to Lake Washington.

“Sign” means any medium visible to the public including its structure and component parts which is used or intended to be used out of doors to convey a message to the public or otherwise attract attention to its subject matter, for advertising or any other purposes.

“Sign, A-board” means a portable sign consisting of two sign faces hinged at the top and separated at the bottom to make it self-standing.

“Sign area” means the area of the face of the sign. When a dimensional sign contains information on two sides of the sign, only one side is counted in determining sign area, except A-board signs where the average area of the two faces shall be used to determine sign area.

“Sign, banner” means a sign made of lightweight fabric or similar material that is temporarily mounted to a pole or building by one or more edge. National, state or municipal flags, or the official flag of any institution, shall not be considered banners.

“Sign, commercial” means a sign containing commercial content used for identifying a building, use, business or event, or to advertise the sale of goods, products, events or services. This includes real estate and event signs.

“Sign face” means the surface upon, against or through which the letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign is displayed or illustrated, not including the sign support structure, or architectural features of a building.

1. In the case of freestanding signs, the sign face shall include the entire area of the sign panel, cabinet or face substrate including borders upon which the sign message is displayed or illustrated. See Figure 1.

Figure 1

2. In the case of signs displayed on or mounted to buildings or fences, the sign face shall include the area of the entire panel, cabinet or face substrate upon which the sign message is displayed including framed, painted or illuminated borders that contrast the sign from the background of the building or fence. See Figure 2.

Figure 2

3. In the case of signs consisting of individual letters and/or individual graphic elements painted or affixed to a building or structure, the sign face shall comprise the sum of the geometric figures or combination of regular geometric figures drawn using connected straight lines closest to the edge of the letters or separate graphic elements comprising the sign message. See Figure 3.

Figure 3

“Sign, freestanding” means a sign attached to a self-supporting structure such as columns, poles, or braces placed in or upon the ground.

“Sign height” means the total vertical measurement of a sign including all components of the sign and the sign’s support structure.

“Sign, illuminated” means a sign characterized using artificial light, either projecting through its surface (internally or trans-illuminated), or reflecting off its surface (externally illuminated).

“Sign, location identity” means signs that identify address numbers, property owners, and/or geographic areas such as neighborhoods and subdivisions.

“Sign, mounted” means a sign that is applied or affixed to a building, wall or fence.

“Sign, municipal” means a sign erected by the city of Medina, or its authorized representatives, for the safety, convenience or information of its citizens, including, but not limited to, traffic control signs, legal notices, city entrance signs, and signs announcing public and community events, meetings, and activities.

“Sign, noncommercial” means a sign containing noncommercial content used for identifying a building, use, or event, or to advertise noncommercial matters, excluding municipal signs.

“Sign, off-site” means any sign that advertises or relates to an event, activity, use, good, product, or service that is not available on the premises upon which the sign is erected.

“Sign, on-site” means any sign that advertises or relates to an event, activity, use, good, product, or service that is lawfully permitted to be offered, sold, traded, provided, or conducted at the location or premises upon which the sign is erected.

“Sign, permanent” means any sign which is affixed to the ground or to any permanent structure or building, including walls, awnings and fences, in such a manner that it cannot be moved or transported with ease, and which is intended to remain in one location and position for an extended period of time.

“Sign, real estate and events” means a temporary sign that is for the sole purpose of advertising a parcel, tract, lot, site or home for rent, lease or sale; for advertising the sale of a home’s household belongings; or which identifies an individual or company performing an active construction project that has obtained building permits under MMC 20.40.010(A) or (B), and which construction activity is visible from a public street right-of-way, including remodels. For purposes of this definition, “construction projects” shall not include routine maintenance of property such as landscaping care.

“Sign support structure” means any structure designed specifically for the support of a sign and which does not form part of the sign proper or of the display.

“Sign, temporary” means a sign displaying either commercial or noncommercial messages which is not permanently affixed to the ground or any permanent structure or building and which is capable of being moved or transported with ease.

“Sign, window” means a sign affixed to the surface of a window with its message intended to be visible to the exterior environment.

“Significant tree” means a tree of at least six-inch DBH size and of a species as identified on the “City of Medina List of Suitable Tree Species” as set forth in Chapter 20.52 MMC.

“Single-family dwelling” means a dwelling unit which is occupied as, or designed or intended for occupancy as, a residence by one family and may include family guests and/or household staff. The owner of the single-family dwelling may provide lodging to persons who are not guests and who are not part of a family provided the total number of persons, including nonfamily persons living in the dwelling, does not exceed three, excluding children with familial status within the meaning of Title 42 United States Code, Section 3602(k). The limitation on the number of nonfamily persons living in the dwelling shall not apply to adult family homes, family day-care providers’ home facilities as prescribed by RCW 35A.63.215, and other living arrangements which would violate Title 42 United States Code, Section 3604.

“Single-family dwelling, detached” means a separate unconnected single-family dwelling surrounded by open space and yards and which contains one dwelling unit and up to one accessory dwelling unit. A detached single-family dwelling may have detached accessory buildings including, but not limited to, garages, accessory recreational facilities, cabanas and similar residential accessories having no more than one room plus a bathroom and otherwise not designed as an independent residence.

“Soil survey” means the most recent soil survey for the local area or county by the National Resources Conservation Service, U.S. Department of Agriculture.

Spa. See definition under “hot tub.”

“Species” means any group of animals classified as a species or subspecies as commonly accepted by the scientific community.

“Species, endangered” means any fish or wildlife species or subspecies that is threatened with extinction throughout all or a significant portion of its range and is listed by the state or federal government as an endangered species.

“Species of local importance” means those species of local concern due to their population status or their sensitivity to habitat manipulation, or that are game species.

“Species, priority” means any fish or wildlife species requiring protective measures and/or management guidelines to ensure their persistence as genetically viable population levels as classified by the Department of Fish and Wildlife, including endangered, threatened, sensitive, candidate and monitor species, and those of recreational, commercial, or tribal importance.

“Species, threatened” means any fish or wildlife species or subspecies that is likely to become an endangered species within the foreseeable future throughout a significant portion of its range without cooperative management or removal of threats, and is listed by the state or federal government as a threatened species.

“Sport court” means an area of ground defined by permanent surfacing, equipment and/or fencing for the purpose of playing tennis, badminton, basketball and similar social games.

“State Environmental Policy Act (SEPA)” means environmental review procedures required under Chapter 43.21C RCW, Chapter 197-11 WAC, and Chapter 18.04 MMC.

“Steep slope” means any area with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet except areas composed of consolidated rock. A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least 10 feet of vertical relief.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof.

“Stream” means a course or route, formed by nature or modified by humans and generally consisting of a channel with a bed, banks, or sides throughout substantially all its length, along which surface waters, with some regularity (annually in the rainy season), naturally and normally flow in draining from higher to lower lands. This definition does not include specially designed irrigation and drainage ditches, grass-lined swales, canals, stormwater runoff devices, or other courses unless they are used by salmonids or to convey watercourses that were naturally occurring prior to construction.

“Street” means a right-of-way, opened or unopened, that is intended for motor vehicle travel or for motor vehicle access to abutting property. “Street” includes all the area within the right-of-way, such as roadways, parking strips, and sidewalks. For the purposes of the zoning code, “street” shall not include private lanes.

“Street frontage” means the property line abutting streets.

“Structural coverage” means the area of a lot covered by structures. (See MMC 20.23.030.)

“Structure” means that which is erected, built or constructed, including an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

“Subdivision” means the division or redivision of land into five or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.

“Subdivision, accumulative short” means multiple short subdivisions of contiguous existing lots held under common ownership, which would result in the creation of five or more lots within a five-year period of the initial short subdivision approval. “Ownership” for the purpose of this definition means ownership as established at the date of the initial short subdivision approval.

“Subdivision, short” means the division or redivision of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.

“Substantial destruction” means to remove more than 60 percent of the existing exterior wall framing of a structure, as measured by the horizontal linear length of all existing exterior walls. Any partial removal of existing framing shall count towards the measurement of horizontal linear length the same as if the entire framing within that horizontal linear length was removed, except partial removal shall not include replacement of windows or doors when no beams or struts are removed. For the purpose of substantial destruction, existing exterior walls shall exclude exterior walls built less than 18 months prior to submittal of a building permit application. The calculation of the 18 months shall include to the time after the date the last permit involving construction of a new exterior wall was finalized by the city.

“Substantially” means significant in the size or amount and has a noticeable impact on the current situation to a degree that would satisfy a reasonable person as significant.

“Support structures” means the structure to which antennas and other necessary associated hardware are mounted, including, but not limited to, lattice towers, monopoles, utility support structures, and existing nonresidential buildings.

“Swimming pool” means any artificially constructed water-holding device that has a minimum depth of 42 inches and is of sufficient size for swimming, wading, immersion, or therapeutic purposes. (Ord. 975 § 3, 2019; Ord. 969 § 3 (Exh. A), 2019; Ord. 955 § 3, 2018; Ord. 948 § 3, 2017; Ord. 924 § 21, 2015; Ord. 923 § 6, 2015; Ord. 916 § 3, 2015; Ord. 909 § 14, 2014; Ord. 900 § 4 (Att. A), 2013)

20.12.210 “T” definitions.

“Target,” when used for assessing hazard trees, means people, property or activities that could be injured, damaged, or disrupted by a tree.

“Target, likelihood of impact” means the chance of a target being impacted by a failed part of a tree. The likelihood of impacting a target can be categorized as follows:

1. Very low: the chance of the failed tree or branch impacting the specific target is remote;

2. Low: it is not likely that the failed tree or branch will impact the target;

3. Medium: the failed tree or branch may or may not impact the target, with nearly equal likelihood; or

4. High: the failed tree or branch will most likely impact the target.

In evaluating the likelihood of impacting a target, the occupancy rate of the target and any factors that could affect the failed tree as it falls towards the target shall be used in determining the likelihood of impact.

“Temporary public facility” means a land use and/or facilities owned, operated, and maintained temporarily by a city government agency, a public or nonprofit school, or religious organization.

“Terrace” means a level platform or shelf of earth supported on one or more faces by a wall, bank of turf, stable inclined grades, or the like.

“Title report” means the written analysis of the status of title to real property, including a property description, names of titleholders and how title is held (joint tenancy, etc.), encumbrances (mortgages, liens, deeds of trusts, recorded judgments), and real property taxes due.

“Tract” means an extended area of land reserved exclusively for a special use such as open space, surface water retention, utilities, or access. Tracts reserved for a special use are not considered building sites.

“Treasurer, county” means the person defined in Chapter 36.40 RCW, or the office of the person assigned such duties under the King County Charter.

“Treatment best management practice” means a facility designed to remove pollutants contained in stormwater. Some methods of pollutant removal include sedimentation/settling, filtration, plant uptake, and bacterial decomposition. Treatment BMPs include, but are not limited to: vegetated filter strips, oil and water separators, biofiltration swales, and linear sand filters. Further information can be found in the stormwater manual adopted under MMC 20.43.200.

“Tree” means a self-supporting woody perennial plant, excluding a bush or shrub.

“Tree, dead” means a tree that is no longer alive, has been removed beyond repair, or is in an advanced state of decline (where an insufficient amount of live tissue, green leaves, limbs or branches exists to sustain life) and has been determined to be in such a state by a certified arborist during a nondormant or other natural stage of the tree that would minimize the likelihood that the tree would be mistakenly identified as being in such a dead state.

“Tree, hedge” means a row of smaller trees planted close together and growing in a dense continuous line 20 feet in length or longer that form a thicket barrier.

“Tree protection zone” means area identified by the director in which no soil disturbances are permitted and activities are restricted.

“Tree, right-of-way” means a tree with at least two-thirds of its trunk diameter on public right-of-way.

“Tree risk” means the combination of the likelihood of an event and the severity of the potential consequences. In the context of trees, risk is the likelihood of a conflict or tree failure occurring and affecting a target and the severity of the associated consequences: personal injury, property damage, or disruption of activities. Risk is evaluated by categorizing or quantifying both the likelihood (probability) of occurrence and the severity of the consequences.

“Tree species” means group of trees that resemble each other closely and interbreed freely.

“Tree topping” means an inappropriate technique to reduce tree size that cuts through a stem more than two years old at an indiscriminate location.

“Truck gardening” means the same as “market gardens,” which is the small-scale production of fruits, vegetables and flowers, frequently sold directly to consumers. (Ord. 969 § 3 (Exh. A), 2019; Ord. 923 § 7, 2015; Ord. 909 § 15, 2014; Ord. 900 § 4 (Att. A), 2013)

20.12.220 “U” definitions.

“UDC” means Unified Development Code as set forth in this title.

“Uncovered” means, when used in conjunction with a structure such as decks, stairs, patios, etc., open above and without cover.

“Use” means any activity, occupation, business or operation carried out, or intended to be carried on, in a building or other structure or on a parcel of land.

Use, Accessory. See definition of “accessory.”

“Use, principal” means the main or primary purpose for which a building, other structure and/or lot is designed, arranged, or intended, or for which may be used, occupied or maintained under the Medina Municipal Code.

“Utility support structure” means poles that support street lights, and poles used to support electrical, telephone, cable or other similar facilities. These poles are typically constructed of wood, steel, concrete and composite materials. (Ord. 969 § 3 (Exh. A), 2019; Ord. 900 § 4 (Att. A), 2013)

20.12.230 “V” definitions.

“Valuation” means the determination of value made by the building official or designee of the total work, including materials, labor, overhead and profits for which a permit is issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems.

“Vegetation” means any organism of the vegetable kingdom, including grasses, herbs, shrubs, and trees. Weeds are excluded from the definition of “vegetation.”

“Vegetative cover” is defined as all vegetation including the ground cover layer, shrubs, and trees.

“Veranda” means an open-roofed platform projecting from the exterior wall of a building. (See definitions for “deck” and “porch.”)

“View-shed” means the environment that is visible from one or more viewing points. (Ord. 969 § 3 (Exh. A), 2019; Ord. 909 § 16, 2014; Ord. 900 § 4 (Att. A), 2013)

20.12.240 “W” definitions.

“Wall framing,” as used when applied to nonconformity, means the assemblage of beams and struts that provide a support structure to which interior and exterior wall coverings are attached. Wall framing shall not include the horizontal ceiling joists and sloping rafters used for the roof.

“Water-dependent” means a structure or use that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. A use that can be carried out only on, in or adjacent to water because the use requires access to the water body for waterborne transportation, recreation, energy production, or source of water.

“Weed” means plants considered unwanted, undesirable, or troublesome.

“Wetland edge” means the boundary of a wetland as delineated based on the definitions contained in this title.

“Wetland mitigation bank” means a site where wetlands are restored, created, enhanced, or, in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to similar resources (RCW 90.84.010(5)).

“Wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation 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. For identifying and delineating a regulated wetland, local government shall use the approved federal wetland delineation manual and applicable regional supplements.

“Wireless communication facility” means a facility designed and used for the purpose of transmitting, receiving, and relaying voice, video and data signals from various wireless communication devices. This may include any combination of antennas, ancillary facilities, equipment housing structures, support structures, and security barriers. (Ord. 969 § 3 (Exh. A), 2019; Ord. 924 § 22, 2015; Ord. 900 § 4 (Att. A), 2013)

20.12.270 “Z” definitions.

“Zero-elevation surface” means a vertical reference point such as sea level to which heights of various points are referred in order that those heights are in a consistent system.

“Zone; zoning” means an area delineated on the “official zoning map” in which, in accordance with the provisions of this title, certain uses of lands, buildings and structures are permitted and prohibited, and for which certain requirements are established for uses, buildings and structures. (See Chapter 20.20 MMC.) (Ord. 969 § 3 (Exh. A), 2019; Ord. 900 § 4 (Att. A), 2013)