Chapter 18.06
TECHNICAL TERMS AND LAND USE DEFINITIONS

Sections:

18.06.001    Scope of chapter.

18.06.003    Accessible electric vehicle charging station.

18.06.005    Accessory living quarters.

18.06.008    Repealed.

18.06.010    Accessory use, commercial/industrial.

18.06.013    Accessory use, residential.

18.06.015    Adult entertainment business.

18.06.016    Adult family home.

18.06.018    Affordable housing unit.

18.06.020    Agricultural products.

18.06.023    Aircraft, ship and boat manufacturing.

18.06.025    Airport/heliport.

18.06.028    Alley.

18.06.029    Alteration.

18.06.030    Amusement arcades.

18.06.033    Repealed.

18.06.034    Antenna.

18.06.035    Apartment complex.

18.06.036    Applicant.

18.06.036.1    Aquatic area.

18.06.037    Assisted living.

18.06.038    Auction house.

18.06.038.1    Average daylight plane.

18.06.039    Average finished grade.

18.06.043    Base flood.

18.06.045    Base flood elevation.

18.06.045.1    Base (height/stories, floor area ratio).

18.06.046    Battery charging station.

18.06.047    Battery electric vehicle (BEV).

18.06.047.5    Battery exchange station.

18.06.048    Bed and breakfast guesthouse.

18.06.050    Repealed.

18.06.051    Best available science.

18.06.052    Best management practices.

18.06.053    Billboard.

18.06.055    Billboard face.

18.06.057    Binding site plan.

18.06.059    Biologist.

18.06.060    Biologist, wetland.

18.06.060.5    Bog.

18.06.061    Book, stationery, video and art supply store.

18.06.062    Boundary line adjustment.

18.06.063    Broadleaf tree.

18.06.065    Buffer, critical area.

18.06.068    Building.

18.06.069    Building area, building site.

18.06.070    Building, hardware and garden materials store.

18.06.073    Building coverage.

18.06.075    Building envelope.

18.06.078    Building facade.

18.06.079    Building height.

18.06.080    Building official.

18.06.081    Building plate.

18.06.083    Bulk retail.

18.06.085    Calculated LOS.

18.06.088    Campground.

18.06.090    Capacity, school.

18.06.093    Capital facilities plan, school.

18.06.094    Carriage unit.

18.06.095    Cattery.

18.06.098    Cemetery, columbarium or mausoleum.

18.06.099    Charging levels.

18.06.100    Church, synagogue or temple.

18.06.101    Civic use.

18.06.103    Classrooms, school.

18.06.105    Clearing.

18.06.106    Clustered development.

18.06.107    Repealed.

18.06.108    Coal mine hazard areas.

18.06.110    Cogeneration.

18.06.112    Co-location.

18.06.113    Repealed.

18.06.115    Repealed.

18.06.118    Community residential facility (CRF).

18.06.120    Compensatory storage.

18.06.121    Composting.

18.06.123    Conditional use permit.

18.06.124    Condominium.

18.06.125    Condominium conversion.

18.06.126    Conference center.

18.06.128    Repealed.

18.06.130    Consolidation.

18.06.133    Construction cost per student, school.

18.06.133.5    Cottage.

18.06.133.7    Cottage housing development (CHD).

18.06.134    Creation.

18.06.135    Critical areas.

18.06.136    Critical drainage area.

18.06.138    Critical facility.

18.06.139    Cul-de-sac.

18.06.139.5    Cultural use.

18.06.140    Daycare.

18.06.143    Deciduous.

18.06.145    Repealed.

18.06.148    Department.

18.06.150    Department and variety store.

18.06.152    Designated accessible space.

18.06.153    Destination resort.

18.06.155    Developer.

18.06.157    Development.

18.06.158    Development activity.

18.06.160    Development agreement.

18.06.163    Development proposal.

18.06.165    Development proposal site.

18.06.168    Direct traffic impact.

18.06.170    Director.

18.06.171    Ditch.

18.06.173    Dormitory.

18.06.173.1    Downtown sector (community business center).

18.06.174    Drive-through.

18.06.175    Drop box facility.

18.06.178    Drug store.

18.06.180    Dwelling unit.

18.06.183    Dwelling unit, accessory.

18.06.195    Repealed.

18.06.198    Effective radiated power.

18.06.200    Elderly.

18.06.201    Electric scooters and motorcycles.

18.06.202    Electric vehicle.

18.06.202.1    Electric vehicle charging station.

18.06.202.2    Electric vehicle charging station – Public.

18.06.202.3    Electric vehicle charging station – Restricted.

18.06.202.4    Electric vehicle infrastructure.

18.06.202.5    Electric vehicle parking space.

18.06.203    Electrical conversion substation.

18.06.205    Repealed.

18.06.206    Engineer, civil, geotechnical and structural.

18.06.208    Enhancement.

18.06.210    Equipment, heavy.

18.06.211    Equipment enclosure.

18.06.213    Erosion.

18.06.215    Erosion hazard area.

18.06.217    Essential public facilities.

18.06.218    Evergreen.

18.06.223    Fabric shop.

18.06.225    Facilities standard, school.

18.06.228    Factory-built commercial building.

18.06.230    Repealed.

18.06.233    Family.

18.06.235    Federal Emergency Management Agency (FEMA) floodway.

18.06.238    Repealed.

18.06.240    Fence.

18.06.243    Flood fringe.

18.06.245    Flood hazard areas.

18.06.248    Flood insurance rate map.

18.06.250    Flood insurance study for King County.

18.06.253    Flood protection elevation.

18.06.255    Floodplain.

18.06.258    Floodproofing.

18.06.260    Floodway, zero-rise.

18.06.261    Floor area ratio.

18.06.263    Florist shop.

18.06.265    Repealed.

18.06.268    Forest practice.

18.06.270    Forest product sales.

18.06.273    Repealed.

18.06.274    Foster home.

18.06.274.5    Freestanding.

18.06.275    Frequency, electronic or electrical.

18.06.277    Furniture and home furnishings store.

18.06.278    Garage, parking or commercial.

18.06.279    Garage, private.

18.06.280    General business service.

18.06.283    Geologist.

18.06.285    Repealed.

18.06.288    Golf facility.

18.06.290    Grade span, school.

18.06.293    Grading.

18.06.295    Repealed.

18.06.298    Groundcover.

18.06.298.5    Hard surface.

18.06.298.6    Hard surface coverage.

18.06.299    Hazard tree.

18.06.300    Hazardous household substance.

18.06.303    Hazardous substance.

18.06.304    Hearing examiner.

18.06.305    Heavy equipment repair.

18.06.308    Helistop.

18.06.309    Historic condition.

18.06.310    Hobby, toy, and game shop.

18.06.313    Home industry.

18.06.315    Home occupation.

18.06.318    Repealed.

18.06.319    Housekeeping unit.

18.06.320    Hydroelectric generation facility.

18.06.321    Hydrologically connected.

18.06.323    Impervious surface.

18.06.324    Improved area.

18.06.325    Improved public roadways.

18.06.328    Individual transportation and taxi.

18.06.329    Infiltration.

18.06.330    Interim recycling facility.

18.06.331    In-kind compensation.

18.06.333    Jail.

18.06.335    Repealed.

18.06.338    Jewelry store.

18.06.340    Kennel.

18.06.342    Lake.

18.06.343    Repealed.

18.06.345    Landing field.

18.06.348    Landscaping.

18.06.350    Landslide.

18.06.353    Landslide hazard areas.

18.06.355    Level of service (LOS).

18.06.356    LID best management practices.

18.06.358    Light equipment.

18.06.360    Repealed.

18.06.363    Repealed.

18.06.365    Repealed.

18.06.368    Loading space.

18.06.369    Repealed.

18.06.370    Lot.

18.06.371    Lot area.

18.06.372    Lot, corner.

18.06.373    Lot coverage.

18.06.374    Lot depth.

18.06.375    Lot, interior.

18.06.376    Lot, irregular.

18.06.377    Lot line.

18.06.378    Repealed.

18.06.379    Lot line, front.

18.06.380    Lot line, rear.

18.06.381    Lot line, side.

18.06.382    Lot of record.

18.06.383    Lot, through.

18.06.384    Lot width.

18.06.384.5    Low impact development (LID).

18.06.385    Manager, city manager.

18.06.385.1    Marijuana, marihuana or cannabis.

18.06.385.2    Marijuana concentrates.

18.06.385.3    Marijuana-infused products.

18.06.385.4    Marijuana processor.

18.06.385.5    Marijuana producer.

18.06.385.6    Marijuana researcher.

18.06.385.7    Marijuana retailer.

18.06.385.8    Marijuana retail outlet.

18.06.385.9    Mature tree.

18.06.386    Material error.

18.06.386.1    Medical marijuana collective garden.

18.06.386.2    Medical marijuana cooperative.

18.06.386.5    Medium-speed electric vehicle.

18.06.387    Microbrewery/winery.

18.06.388    Microwave.

18.06.389    Mitigation.

18.06.389.1    Mixed use.

18.06.390    Mobile home park.

18.06.391    Mobile or manufactured home.

18.06.392    Modular home.

18.06.393    Monitoring.

18.06.395    Monument, tombstone, and gravestone sales.

18.06.397    Motel.

18.06.398    Motor vehicle, boat and mobile home dealer.

18.06.400    Motor vehicle and bicycle manufacturing.

18.06.402    Multifamily.

18.06.403    Municipal water production.

18.06.405    Native vegetation.

18.06.408    Naturalized species.

18.06.409    Neighborhood electric vehicle.

18.06.410    Nonconformance.

18.06.411    Nonelectric vehicle.

18.06.413    Nonhydroelectric generation facility.

18.06.415    Nonionizing electromagnetic radiation (NIER).

18.06.418    Noxious weed.

18.06.418.1    Nuisance tree species.

18.06.419    Nursing or convalescent home.

18.06.420    Office.

18.06.420.1    Off-site compensation.

18.06.420.2    On-site compensation.

18.06.421    Open space.

18.06.422    Open-work fence.

18.06.423    Ordinary high water mark.

18.06.425    Outdoor performance center.

18.06.428    Park.

18.06.430    Park service area.

18.06.431    Parking area.

18.06.432    Parking lot.

18.06.433    Parking lot aisle.

18.06.435    Parking lot unit depth.

18.06.438    Parking space.

18.06.440    Parking space angle.

18.06.441    Parking, structured.

18.06.443    Party of record.

18.06.445    Peak hour.

18.06.446    Pedestrian-oriented land use.

18.06.447    Pedestrian-oriented streets.

18.06.448    Permanent school facilities.

18.06.450    Personal medical supply store.

18.06.453    Pet shop.

18.06.455    Photographic and electronic shop.

18.06.458    Planned unit development (PUD).

18.06.460    Plant associations of infrequent occurrence.

18.06.461    Plat.

18.06.461.2    Plug-in hybrid electric vehicle (PHEV)

18.06.461.5    Porch.

18.06.461.5.1    Practical alternative.

18.06.462    Principal residence.

18.06.463    Private.

18.06.465    Repealed.

18.06.468    Professional office.

18.06.469    Project area.

18.06.469.1    Project limit.

18.06.470    Public agency.

18.06.473    Public agency animal control facility.

18.06.475    Public agency archive.

18.06.478    Public agency office.

18.06.480    Public agency training facility.

18.06.483    Public agency yard.

18.06.484    Qualified professional.

18.06.486    Rapid charging station.

18.06.488    Repealed.

18.06.489    Recreational facilities.

18.06.490    Recreational vehicle (RV).

18.06.493    Recreational vehicle parks.

18.06.494    Rectification.

18.06.495    Recyclable material.

18.06.496    Recycling.

18.06.498    Repealed.

18.06.500    Regional utility corridor.

18.06.503    Relocatable facility, school.

18.06.505    Relocatable facilities cost per student.

18.06.508    Repealed.

18.06.510    Restoration, critical area.

18.06.513    Retail, comparison.

18.06.515    Retail, convenience.

18.06.518    Retention/detention facility.

18.06.519    Rezone.

18.06.519.5    Roadway.

18.06.519.6    Runoff.

18.06.520    Salmonid.

18.06.523    School bus base.

18.06.525    School district.

18.06.528    School district support facility.

18.06.530    Schools, elementary, and middle/junior high.

18.06.532    Schools, preschool.

18.06.533    Schools, secondary or high.

18.06.534    Screen, screening.

18.06.535    Secure community transition facilities (SCTF).

18.06.536    Seismic hazard areas.

18.06.538    Self-service storage facility.

18.06.540    Repealed.

18.06.541    Senior citizen assisted.

18.06.542    SEPA.

18.06.545    Setback.

18.06.546    Setback. front.

18.06.547    Setback, rear.

18.06.548    Setback, side.

18.06.550    Repealed.

18.06.553    Shelters for temporary placement.

18.06.554    Shooting range.

18.06.554.5    Shopping plaza.

18.06.555    Repealed.

18.06.556    Repealed.

18.06.558    Sign.

18.06.559    Repealed.

18.06.559.5    Repealed.

18.06.560    Repealed.

18.06.560.5    Repealed.

18.06.561.5    Repealed.

18.06.562    Repealed.

18.06.563    Repealed.

18.06.565    Repealed.

18.06.566    Repealed.

18.06.568    Repealed.

18.06.568.5    Repealed.

18.06.569    Repealed.

18.06.569.5    Repealed.

18.06.570    Repealed.

18.06.573    Repealed.

18.06.574    Repealed.

18.06.575    Repealed.

18.06.578    Repealed.

18.06.580    Repealed.

18.06.583    Repealed.

18.06.585    Repealed.

18.06.588    Repealed.

18.06.588.5    Repealed.

18.06.589    Repealed.

18.06.590    Repealed.

18.06.593    Repealed.

18.06.594    Repealed.

18.06.594.5    Repealed.

18.06.595    Repealed.

18.06.596    Repealed.

18.06.598    Significant tree.

18.06.599    Single detached.

18.06.600    Site cost per student.

18.06.601    Site plan.

18.06.602    Site plan review.

18.06.603    Repealed.

18.06.605    Repealed.

18.06.605.5    Soil survey.

18.06.606    Solid waste.

18.06.608    Source-separated organic material.

18.06.610    Special use permit.

18.06.610.5    Species.

18.06.611    Species, endangered.

18.06.611.5    Species of local importance.

18.06.611.5.1    Species, priority.

18.06.611.5.2    Species, threatened.

18.06.611.5.3    Species, sensitive.

18.06.613    Specialized instruction school.

18.06.615    Specified sexual activities.

18.06.618    Sporting goods store.

18.06.620    Sports club.

18.06.623    Stable.

18.06.625    Standard of service, school.

18.06.628    Steep slope hazard areas.

18.06.628.1    Step-back.

18.06.630    Stream functions.

18.06.633    Streams.

18.06.635    Street.

18.06.638    Street frontage.

18.06.638.1    Street type.

18.06.640    Structure.

18.06.641    Structure, residential.

18.06.643    Student factor.

18.06.644    Subdivision.

18.06.645    Subdivision, short.

18.06.647    Submerged land.

18.06.648    Substantial improvement.

18.06.648.5    Support structure.

18.06.649    Surface water conveyance.

18.06.649.5    Surface water discharge.

18.06.650    Temporary use permit.

18.06.653    Tightline to a sewer.

18.06.654    Townhome.

18.06.655    Trails.

18.06.658    Transfer station.

18.06.660    Transit base.

18.06.663    Transit park and ride lot.

18.06.665    Transitional housing facilities.

18.06.668    Transmission equipment, electronic.

18.06.670    Transmission line booster station.

18.06.673    Repealed.

18.06.675    Repealed.

18.06.677    Transparency (building).

18.06.678    Transportation system management (TSM).

18.06.679    Tributary drainage area.

18.06.680    Ultimate roadway section.

18.06.681    Unavoidable impacts.

18.06.685    Use.

18.06.685.1    Useable marijuana.

18.06.686    Used by salmonids.

18.06.687    Utility corridor.

18.06.688    Utility facility – Local.

18.06.689    Utility facility – Regional.

18.06.690    Variance.

18.06.693    Vegetation.

18.06.694    Vendor cart.

18.06.695    Vocational school.

18.06.698    Volcanic hazard area.

18.06.699    Wall plane.

18.06.700    Warehousing and wholesale trade.

18.06.701    Washington Administrative Code (WAC).

18.06.703    Wastewater treatment facility.

18.06.705    Water dependent use, critical area.

18.06.708    Repealed.

18.06.710    Wetland.

18.06.710.5    Wetland buffer.

18.06.711    Wetland edge.

18.06.712    Wetland, hydrologically isolated.

18.06.713    Wetland categories.

18.06.713.1    Wetland complex.

18.06.713.2    Wetland creation.

18.06.713.2.5    Wetland cumulative impacts or effects.

18.06.713.3    Wetland enhancement.

18.06.713.4    Wetland functions.

18.06.713.4.5    Wetland mature forested.

18.06.713.4.5.1    Wetland mitigation bank.

18.06.713.4.5.2    Wetland mosaic.

18.06.713.4.5.3    Wetland maintenance or repair.

18.06.713.4.5.4    Wetland preservation.

18.06.713.5    Wetland reestablishment.

18.06.713.6    Wetland rehabilitation.

18.06.713.7    Wetland restoration.

18.06.714    Wetpond.

18.06.714.5    Wildlife.

18.06.715    Wildlife shelter.

18.06.716    Wireless communications facility.

18.06.717    Wireless communications facility permit.

18.06.718    Work release facility.

18.06.720    Yard waste processing facility.

18.06.001 Scope of chapter.

This chapter contains definitions of technical and procedural terms used throughout the code as well as definitions of land use shown in Chapter 18.08 NMC, Permitted Uses. See Chapter 18.02 NMC, Authority, Purpose, Interpretation and Administration, for rules on interpretation of the code, including use of these definitions. Development standards are found in Chapters 18.12 through 18.34 NMC. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.003 Accessible electric vehicle charging station.

An electric vehicle charging station where the battery charging station equipment is located within accessible reach of a barrier-free access aisle (minimum 44-inch width) and the electric vehicle. (Ord. 2011-444 § 2).

18.06.005 Accessory living quarters.

Living quarters in an accessory building for the use of the occupant or persons employed on the premises, or for temporary use of guests of the occupant. Such quarters have no kitchen and are not otherwise used as a separate dwelling unit. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.008 Accessory use, resource.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.010 Accessory use, commercial/industrial.

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

1. Administrative offices;

2. Employee exercise facilities;

3. Employee food service facilities;

4. Incidental storage of raw materials and finished products sold or manufactured on-site;

5. Business owner or caretaker residence;

6. Cogeneration facilities; and

7. Ground maintenance facilities.

B. Some accessory uses within the scope of this section may be defined separately to enable the code to apply different conditions of approval. (Ord. 2005-311 § 1; Ord. 2003-274 § 1; Ord. 2001-239 § 4; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.013 Accessory use, residential.

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

1. Accessory living quarters and dwellings;

2. Fallout/bomb shelters;

3. Keeping household pets;

4. On-site rental office;

5. Pools, private docks, and piers;

6. Antennas for private telecommunication services;

7. Storage of yard maintenance equipment; or

8. Storage of private vehicles, e.g., motor vehicles, boats, trailers or planes.

B. Some accessory uses within the scope of this section may be defined separately to enable the code to apply different conditions of approval. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.015 Adult entertainment business.

Adult entertainment business has the definition contained in NMC 5.10.010. (Ord. 2005-311 § 1; Ord. 98-180 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.016 Adult family home.

A regular family abode in which a person or persons provides 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. (Ord. 2005-311 § 1).

18.06.018 Affordable housing unit.

Housing reserved for occupancy by eligible households and affordable to households whose annual income does not exceed the following percent of the median income, adjusted for household size, and no more than 30 percent of the monthly household income is paid for monthly housing expenses. (Housing expenses for ownership housing include mortgage and mortgage insurance, property taxes, property insurance, and homeowners dues. Housing expenses for rental housing include rent and appropriate utility allowance.)

A. Moderate Income Affordable Housing. For rental housing moderate income affordable housing defined as affordable at 70 percent of median income, adjusted for household size. For ownership housing, moderate income affordable housing is defined as affordable at 80 percent of median income adjusted for household size.

B. Low Income Affordable Housing. For rental housing moderate income affordable housing defined as affordable at 50 percent of median income, adjusted for household size. For ownership housing, low income affordable housing is defined as affordable at 60 percent of median income adjusted for household size.

C. “Median income” means the median income for the Seattle MSA as most recently determined by the Secretary of Housing and Urban Development under Section 8(f)(3) of the United States Housing Act of 1937, as amended, or if programs under said Section 8(f)(3) are terminated, median income determined under the method used by the Secretary prior to such termination. In the event that HUD no longer publishes median income figures for the Seattle MSA or King County, the city may use any other method for determining the King County median income, adjusted for household size.

D. Pursuant to the authority of RCW 36.70A.540, the city finds that the higher income levels specified in the definition of affordable housing in this section rather than those stated in the definition of “low-income households” in RCW 36.70A.540 are needed to address local housing market conditions in the city. (Ord. 2012-457 § 2).

18.06.020 Agricultural products.

Items resulting from the practice of agriculture, including crops such as fruits, vegetables, grains, seed, feed, and plants, or animal products such as eggs, milk, and meat. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.023 Aircraft, ship and boat manufacturing.

The fabrication and/or assembling of aircraft, ships or boats, and including uses located in SIC Industry Group Nos.:

A. 372 – Aircraft and parts; and

B. 373 – Ship and boat building and repairing. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.025 Airport/heliport.

Any runway, landing area or other facility excluding facilities for the primary use of the individual property owner which is designed or used by both public carriers or private aircraft for the landing and taking off of aircraft, including the following associated facilities:

A. Taxiways;

B. Aircraft storage and tie-down areas;

C. Hangars;

D. Servicing; and

E. Passenger and air freight terminals. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.028 Alley.

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. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.029 Alteration.

For purposes of critical areas regulation, any human activity which results in or is likely to result in an impact upon the existing condition of a critical area. Alterations include, but are not limited to, grading, filling, dredging, draining, channelizing, applying pesticides, herbicides, fertilizers or any other hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, operating vehicles or equipment, modifying for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity which results or is likely to result in an impact to existing vegetation, hydrology, water quality, wildlife, habitat, critical areas or other resources or natural or built features. Alterations do not include walking, fishing or any other passive recreation or other similar activities. (Ord. 2005-311 § 1; Ord. 2000-224 § 2).

18.06.030 Amusement arcades.

A building or part of a building in which five or more pinball machines, video games, or other such player-operator amusement devices (excluding juke boxes or gambling-related machines) are operated. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.033 Animal, small.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.034 Antenna.

The specific device, the surface of which is used to capture an incoming and/or to transmit an outgoing radio-frequency signal. Antennas include the following types:

A. “Whip antenna” receives and transmits signals in a 360-degree pattern, and is up to 20 feet in height and up to four inches in diameter.

B. “Panel antenna” receives and transmits signals in a directional pattern typically encompassing an arc of 120 degrees.

C. “Parabolic (or dish) antenna” means a bowl-shaped device that receives and transmits signals in a specific directional pattern.

D. “Cylindrical antenna” means an antenna that transmits in a directional or omni-directional pattern.

E. “Ancillary antenna” means an antenna that is 12 inches or less in its largest dimension and includes a wire antenna no greater than three feet long.

F. Other. All other transmitting or receiving equipment not specifically described herein shall be regulated in conformity with the type of antenna described herein which most closely resembles such equipment. (Ord. 2005-311 § 1; Ord. 2001-242 § 1).

18.06.035 Apartment complex.

A building containing two or more rental dwelling units. (Ord. 2009-403 § 2; Ord. 2005-311 § 1; Ord. 2001-248 § 5; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.184).

18.06.036 Applicant.

A property owner or any person or entity acting as an agent for the property owner in an application for a development proposal, permit or approval. (Ord. 2005-311 § 1; Ord. 2001-248 § 6; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.035).

18.06.036.1 Aquatic area.

“Aquatic area” means any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. “Aquatic area” does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. (Ord. 2005-325 § 1).

18.06.037 Assisted living.

An establishment which provides living quarters and a variety of limited personal care and supportive health care to individuals who are unable to live independently due to infirmity of age, or physical or mental handicap, but do not need the skilled nursing care of a convalescent or nursing home. These facilities may consist of individual dwelling units of a barrier-free design, with separate bathroom facilities, a full kitchen or no kitchen. The facility may provide a minimal amount of supportive health care monitoring, such as assistance with medication, but is limited to health care services which do not require state or federal licensing. In addition, these facilities may have a communal dining room, recreation facilities (library, lounge, or game room), laundry facilities and open space. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.038 Auction house.

An establishment where the property of others is sold by a broker or auctioneer to persons who attend scheduled sales periods or events. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.038.1 Average daylight plane.

An invisible line used to limit the height and bulk of buildings and allow maximum exposure to light and air. The measurement is generally a 45-degree angle from the proposed building or property, from which development may not extend beyond, based on the lowest average angle of sun (see Chapter 18.15 NMC). (Ord. 2017-564 § 2).

18.06.039 Average finished grade.

The average finished grade shall be determined by first delineating the smallest rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the rectangle; provided, that the measured elevations do not include berms. (Ord. 2005-311 § 1; Ord. 2000-210 § 4).

18.06.043 Base flood.

A flood having a one percent chance of being equaled or exceeded in any given year, often referred to as the “100-year flood.” (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.045 Base flood elevation.

The water surface elevation of the base flood in relation to the National Geodetic Vertical Datum of 1929. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.045.1 Base (height/stories, floor area ratio).

For purposes of calculating building height/stories and/or floor area ratio, base is the allowed measurement extent without requiring additional requirements or incentives (see Chapter 18.15 NMC). (Ord. 2017-564 § 3).

18.06.046 Battery charging station.

An electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. (Ord. 2011-444 § 2).

18.06.047 Battery electric vehicle (BEV).

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. (Ord. 2011-444 § 2).

18.06.047.5 Battery exchange station.

A fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.27 RCW and consistent with rules adopted under RCW 19.27.540. (Ord. 2011-444 § 2).

18.06.048 Bed and breakfast guesthouse.

A dwelling unit or accessory building within which bedrooms are available for paying guests. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.050 Beehive.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.051 Best available science.

Current scientific information used in the process to designate, protect, or restore critical areas, that is, derived from a valid scientific process as defined by WAC 365-195-900 through 365-195-925. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.052 Best management practices.*

Schedule of activities, prohibition of practices, maintenance procedures, and structural and/or managerial practices, that when used singly or in combination:

A. Controls soil loss and reduces water quality degradation caused by nutrients, animal waste, toxics, and sediment;

B. Minimizes adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands;

C. Protects trees, vegetation and soils designated to be retained during and following site construction and uses native plant species appropriate to the site for revegetation of disturbed areas; and

D. Provides standards for proper use of chemical herbicides within critical areas. (Ord. 2016-538 § 2 (Exh. 3); Ord. 2005-311 § 1; Ord. 2001-242 § 2; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

*Code reviser’s note: Ordinance 2005-311 sets out the provisions of this section as Section 18.06.058. The section has been editorially renumbered to preserve alphabetization.

18.06.053 Billboard.

A sign, including both the supporting structural framework and attached billboard faces, used principally for advertising a business activity, use, product, or service unrelated to the primary use or activity of the property on which the billboard is located; excluding off-premises directional or temporary real estate signs. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.055 Billboard face.

That portion of a billboard, exclusive of its structural support, on which changeable advertising copy is displayed, either by affixing preprinted poster panels or by painting copy on location; subclassified as follows:

A. Billboard face I – a billboard face not exceeding a height of 14 feet or a width of 48 feet; and

B. Billboard face II – a billboard face not exceeding a height of 12 feet or a width of 24 feet. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.057 Binding site plan.

A “binding site plan” is a division of land into lots or tracts classified for industrial or commercial use as provided by RCW 58.17.020 and 58.17.040. (Ord. 2005-311 § 1).

18.06.059 Biologist.

A person who has earned at least a Bachelor of Science degree in the biological sciences from an accredited college or university or who has equivalent educational training and experience. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.060 Biologist, wetland.

A person who has earned at least a Bachelor of Science or Bachelor of Arts or equivalent degree in botany, soil science, wildlife science, environmental studies, or related field from an accredited college or university and at least two years’ experience performing wetland delineations, preparing delineation reports, and/or preparing mitigation plans; or who has equivalent educational training and experience; or who is a certified professional wetland scientist or wetlands professional in training with the Society of Wetland Scientists. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.060.5 Bog.

A low-nutrient, acidic wetland with organic soils and characteristic bog plants, which is sensitive to disturbance and impossible to recreate through compensatory mitigation. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.061 Book, stationery, video and art supply store.

An establishment engaged in the retail sale of books and magazines, stationery, records and tapes, video and art supplies, including uses located in SIC Industry Nos.:

A. 5942 – Book stores;

B. 5943 – Stationery stores;

C. 5999 – Architectural supplies and artists’ supply and materials stores;

D. 7841 – Video tape rental;

E. 5735 – Record and prerecorded tape stores; and

F. 5736 – Musical instrument stores. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.062 Boundary line adjustment.

A “boundary line adjustment” is the adjustment of a boundary line of a recorded lot by the relocation of a common boundary where no additional lot is created and where no lot is reduced below the minimum requirements established by this title. (Ord. 2005-311 § 1).

18.06.063 Broadleaf tree.

A tree characterized by leaves that are broad in width and may include both deciduous and evergreen species. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.065 Buffer, critical area.

A designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to a stream or wetland intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.068 Building.

Any structure having a roof. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.069 Building area, building site.

That portion of a lot within which a structure may be built, bounded by the setbacks. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.070 Building, hardware and garden materials store.

An establishment engaged in selling lumber and other building materials, feed, and lawn and garden supplies; including, but not limited to, uses located in SIC Major Group No. 52 – Building materials, hardware, garden supply, excluding mobile home dealers. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.073 Building coverage.

Area of a lot that is covered by the total horizontal surface area of the roof of a building, exclusive of eaves of 18 inches or less. Calculations of building coverage shall include that portion of any roof or eave that exceeds 18 inches. (Ord. 2005-311 § 1; Ord. 2003-272 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.075 Building envelope.

Area of a lot that delineates the limits of where a building may be placed on the lot. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.078 Building facade.

That portion of any exterior elevation of a building extending from the grade of the building to the top of the parapet wall or eaves, whichever is lower, for the entire width of the building elevation. (Ord. 2009-416 § 2; Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.079 Building height.

The vertical distance measured from the average finished grade to the highest point of a flat roof, or to mean height between the eaves and ridge of a pitched roof. Specifically excluded from this definition and from the regulation of maximum building height are structural elements not intended for habitation and not exceeding 10 feet above the maximum building height including structures housing or screening mechanical and elevator equipment, stairways, tanks, skylights, chimneys, smoke and ventilation stacks, flag poles, mechanical and elevator equipment, and parapet walls designed solely to screen mechanical and elevator equipment. Also excluded from this definition and from the regulation of maximum building height are flag poles, church steeples, utility line towers and poles, and similar structures. The height of wireless communications facilities are regulated per Chapter 18.25 NMC. (Ord. 2005-311 § 1; Ord. 2000-210 § 5; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.080 Building official.

The officer or other designated authority charged with administration and enforcement of the Uniform Administrative Code published by the International Conference of Building Officials, as well as other building-related regulations adopted by the city. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.081 Building plate.

A horizontal, structural, load-bearing member in building framing. (Ord. 2017-564 § 4).

18.06.083 Bulk retail.

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. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.085 Calculated LOS.

A quantitative measure of traffic congestion identified by a declining letter scale (A-F) as calculated by the methodology contained in the 1985 Highway Capacity Manual Special Report 209 or as calculated by another method approved by the department. LOS “A” indicates free flow of traffic with no delays while LOS “F” indicates jammed conditions or extensive delay. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.088 Campground.

An area of land on which accommodations for temporary occupancy such as tents or recreational vehicles without hook-up facilities are permitted and which is used primarily for recreational purposes. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.090 Capacity, school.

The number of students a school district’s facilities can accommodate district-wide, based on the district’s standard of service, as determined by the school district. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.093 Capital facilities plan, school.

The school facilities element of the city’s CIP consisting of:

A. A forecast of future needs for school facilities based on the enrollment projections;

B. The long-range construction and capital improvements projects;

C. The schools under construction or expansion;

D. The proposed locations and capacities of expanded or new school facilities;

E. At least a six-year financing plan component, updated as necessary to maintain at least a six-year forecast period, for financing needed school facilities within projected funding levels, and identifying sources of financing for such purposes, including bond issues authorized by the voters and projected bond issues not yet authorized by the voters;

F. Any other long-range projects planned by the appropriate school district;

G. The current capacity of the appropriate district’s school facilities based on the district’s adopted standard of service, and a plan to eliminate existing deficiencies, if any, without the use of impact fees; and

H. An inventory showing the location and capacity of existing school facilities. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.094 Carriage unit.

A single-family dwelling unit, not to exceed 800 square feet in gross floor area, located above a garage structure and part of a cottage housing development. (Ord. 2008-397 § 2).

18.06.095 Cattery.

A place where adult cats are temporarily boarded for compensation, whether or not for training. An adult cat is of either sex, altered or unaltered, that has reached the age of six months. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.098 Cemetery, columbarium or mausoleum.

Land or structures used for burial of the dead. For purposes of this code, pet cemeteries are considered a subclassification of this use. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.099 Charging levels.

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:

• Level 1 is considered slow charging.

• Level 2 is considered medium charging.

• Level 3 is considered fast or rapid charging. (Ord. 2011-444 § 2).

18.06.100 Church, synagogue or temple.

A place where religious services are conducted, and including accessory uses in the primary or accessory buildings such as religious education, reading rooms, assembly rooms, and residences for nuns and clergy, but excluding facilities for training of religious orders; including uses located in SIC Industry No. 866. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.101 Civic use.

A land use having the primary intent of benefiting or serving the citizenry and community at large. Civic uses include public spaces and structures generally engaged in providing direct or indirect services to the entire citizenry. Civic uses do not include permanent for-profit activities or uses intended for a specific segment of the community. Such uses may include, but are not limited to:

A. A public (governmental) agency or public utility office;

B. Not-for-profit organization offices;

C. Not-for-profit organization services;

D. Higher education offices;

E. Higher education services;

F. Another similar beneficial civic use. (Ord. 2009-415 § 2).

18.06.103 Classrooms, school.

Educational facilities of the district required to house students for its basic educational program. The classrooms are those facilities the district determines are necessary to best serve its student population. Specialized facilities as identified by the district, including but not limited to gymnasiums, cafeterias, libraries, administrative offices, and child care centers, shall not be counted as classrooms. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.105 Clearing.

The limbing, pruning, trimming, topping, cutting or removal of vegetation or other organic plant matter by physical, mechanical, chemical or other means. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.106 Clustered development.

“Clustered development” means the grouping of structures on a portion of the available land, reserving a significant amount of the site as open space. (Ord. 2016-551 § 2 (Exh. 1)).

18.06.107 Coal mine byproducts stockpiles.

Repealed by Ord. 2005-311. (Ord. 2000-224 § 3).

18.06.108 Coal mine hazard areas.

Those areas in the city directly underlain or affected by operative or abandoned subsurface coal mine workings such as adits, tunnels, drifts, air shafts or tailings. (Ord. 2016-538 § 2 (Exh. 3); Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.110 Cogeneration.

The sequential generation of energy and useful heat from the same primary source or fuel for industrial, commercial, or residential heating or cooling purposes. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.112 Co-location.

The use of a single support structure and/or site by more than one wireless communications provider. (Ord. 2005-311 § 1; Ord. 2001-242 § 3).

18.06.113 Communications facility, major.

Repealed by Ord. 2001-242. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.115 Communications facility, minor.

Repealed by Ord. 2001-242. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.118 Community residential facility (CRF).

Living quarters meeting applicable federal and state standards that function as a single housekeeping unit and provide support services including but not limited to counseling, rehabilitation and medical supervision which is classified in NMC 18.08.030 as group residences; if staffed by nonresident staff, each 24 staff hours per day equals one full-time residing staff member for subclassifying CRFs. The definition of CRF excludes drug and alcohol detoxification (SIC – 809) and secure community transition facilities (NMC 18.06.535). CRFs are further classified as follows:

A. CRF- I – one to 10 residents and staff; and

B. CRF-II – 11 or more residents and staff. (Ord. 2005-311 § 1; Ord. 2002-262 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.120 Compensatory storage.

New, excavated storage volume equivalent to any flood storage which is eliminated by building, filling or grading within the floodplain. For the purpose of this definition, equivalent flood storage capacity is that which is replaced by equal volume between corresponding one-foot contour intervals which are hydraulically connected to the floodway through their entire depth. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.121 Composting.

The controlled degradation of organic waste yielding a product for use as a soil conditioner. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.123 Conditional use permit.

Permit granted by the city, after review at a public hearing pursuant to NMC Title 19, to locate a permitted use on a particular property subject to conditions placed on the permitted use to ensure compatibility with nearby land uses. (Ord. 2005-311 § 1; Ord. 2002-254 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.124 Condominium.

A site development containing a building or buildings, 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 the dwelling unit or unit owners, and unless a declaration and a survey map and plans have been recorded. (Ord. 2009-403 § 2; Ord. 2005-311 § 1).

18.06.125 Condominium conversion.

A “condominium conversion” is the filing of a declaration to the Condominium Act, Chapter 64.34 RCW, of the sale by a developer of condominium units that were previously rental units. (Ord. 2005-311 § 1).

18.06.126 Conference center.*

An establishment developed primarily as a meeting facility; including facilities for recreation and related activities provided for conference participants, excluding overnight lodging. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

*Code reviser’s note: Ordinance 2005-311 sets out the provisions of this section as Section 18.06.125. The section has been editorially renumbered to preserve alphabetization.

18.06.128 Confinement area.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.130 Consolidation.

The relocation to a consolidated transmission structure of the main transmit antennas of two or more FCC broadcast licensees which, prior to such relocation, utilized transmission structures located within a 1,500-foot radius of the center of the consolidated transmission structure to support their main transmit antennas. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.133 Construction cost per student, school.

The estimated cost of construction of a permanent school facility in the district for the grade span of school to be provided, as a function of the district’s facilities standard per grade span and taking into account the requirements of students with special needs. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.133.5 Cottage.

A detached single-family dwelling unit containing 1,500 square feet or less of gross floor area and part of a cottage housing development consistent with the city cottage housing code (Chapter 18.31 NMC). (Ord. 2008-397 § 2).

18.06.133.7 Cottage housing development (CHD).

Four to 16 detached homes with a floor area of 1,500 square feet or less, oriented around common open space, and consistent with the adopted city of Newcastle cottage housing code (Chapter 18.31 NMC). (Ord. 2008-397 § 2).

18.06.134 Creation.

For purposes of critical areas regulation, an action which creates a new critical area to replace a critical area which has been eliminated or altered. (Ord. 2005-311 § 1; Ord. 2000-224 § 4).

18.06.135 Critical areas.

Areas in the city of Newcastle which are subject to natural hazards or those land features which support unique, fragile or valuable natural resources including fish, wildlife and other organisms and their habitat and such resources which carry, hold or purify water in their natural state. Critical areas include erosion hazard areas, flood hazard areas, landslide hazard areas, seismic hazard areas, steep slope hazard areas, coal mine hazard areas, volcanic hazard areas, fish and wildlife habitat conservation areas, and streams and wetlands as defined in Chapter 36.70A RCW. (Ord. 2016-538 § 2 (Exh. 3); Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.543).

18.06.136 Critical drainage area.*

An area which has been formally determined by the King County surface water management division to require restrictive regulation in order to mitigate severe flooding, drainage, erosion or sedimentation problems which result from the cumulative impacts of development and urbanization. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

*Code reviser’s note: Ordinance 2005-311 sets out the provisions of this section as Section 18.06.135. The section has been editorially renumbered to preserve alphabetization.

18.06.138 Critical facility.

A facility necessary to protect the public health, safety and welfare and which is defined under the occupancy categories of “essential facilities,” “hazardous facilities” and “special occupancy structures” in the International Building/Residential Code. These facilities include, but are not limited to, schools, hospitals, nursing homes and police stations, fire departments and other emergency response facilities. Critical facilities also include nursing homes, public roadway bridges and sites for hazardous substance storage or production, not including the temporary storage of consumer products containing hazardous substances intended for household use or for retail sale on the site. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.139 Cul-de-sac.

A “cul-de-sac” is a short street having one end open to traffic and being permanently terminated by a vehicle turnaround. Any permanent cul-de-sac shall not serve more than 13 potential single-family dwelling units and shall not be longer than 600 feet measured from centerline of intersecting street to the center of the bulb section. (Ord. 2005-311 § 1).

18.06.139.5 Cultural use.

A land use relating to community or societal affairs, or arts or education which includes furthering social and multicultural awareness and learning. Such uses may include, but are not limited to:

A. A library;

B. A museum or art gallery;

C. A performance/recital space;

D. An entertainment or recreation venue;

E. A public meeting space;

F. Religious institutions; or

G. Another similar beneficial cultural use. (Ord. 2009-415 § 2).

18.06.140 Daycare.

An establishment for group care of nonresident adults or children.

A. Daycare shall include, but not be limited to, SIC Industry No. 835, Child daycare services, SIC Industry No. 8322, Adult daycare centers, and the following:

1. Adult daycare, such as adult day health centers or social daycare as defined by the Washington State Department of Social and Health Services;

2. Nursery schools for children under minimum age for education in public schools;

3. Privately conducted kindergartens or prekindergartens when not a part of a public or parochial school; and

4. Programs covering after-school care for school children.

B. Daycare establishments are subclassified as follows:

1. Daycare I – a maximum of 12 adults or children in any 24-hour period; and

2. Daycare II – over 12 adults or children in any 24-hour period. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.143 Deciduous.

A plant species with foliage that is shed annually. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.145 Density credit, transfer (TDC).

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.148 Department.

“Department” means the department of community development or such department’s officially designated names. (Ord. 2005-311 § 1; Ord. 97-153 § 16; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.150 Department and variety store.

An establishment engaged in the retail sale of a variety of lines of merchandise, such as dry goods, apparel and accessories, home furnishings, housewares, and including uses located in SIC Major Group and Industry Nos.:

A. 53 – General merchandise;

B. 5947 – Gift, novelty, and souvenir shops; and

C. 5948 – Luggage and leather goods stores. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.152 Designated accessible space.

A WAC 51-50-005 required accessible parking space designated for the exclusive use of parking vehicles with a State Disabled Parking Permit. (Ord. 2011-444 § 2).

18.06.153 Destination resort.

An establishment for resource-based recreation and intended to utilize outdoor recreational opportunities, including related services, which may include food, overnight lodging, equipment rentals, entertainment and other conveniences for guests of the resort. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.155 Developer.

The person or entity who owns or holds purchase options or other development control over property for which development activity is proposed. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.157 Development.

“Development” includes any activity that would require a land use permit or approval from the city or any other local, state, or federal jurisdiction. Development activity includes, but is not limited to, clearing or grading activity, building or construction activity, dredging or filling, removal of sand, gravel, or minerals; bulk heading; driving of pilings; or any project of a temporary or permanent nature which modifies structures, land and which does not fall within the allowable exemptions contained in the city code. “Development” is all structures and other modifications of the natural landscape above and below ground or water, including the division of land into two or more parcels, on a particular site. (Ord. 2016-538 § 2 (Exh. 3); Ord. 2005-311 § 1).

18.06.158 Development activity.

Any construction or expansion of a building, structure or use, any change in use of a building or structure, or any change in the use of land that creates additional demand for school facilities. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.160 Development agreement.

A recorded agreement between an applicant and the city of Newcastle which incorporates the site plans, development standards, and other features of the approved development. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.163 Development proposal.

“Development proposal,” as it pertains to this title, is defined as any of the following types of development that requires a land use permit or approval from the city of Newcastle: binding site plans, site plans, planned unit developments, subdivisions, and short subdivisions. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.165 Development proposal site.

The legal boundaries of the parcel or parcels of land for which an applicant has or should have applied for authority from the city of Newcastle to carry out a development proposal. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.168 Direct traffic impact.

Any increase in vehicle traffic generated by a proposed development which equals or exceeds 10 peak hour, peak direction vehicle trips on any roadway or intersection. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.170 Director.

The director of the department of community development of the city of Newcastle or the director’s authorized representative or any representative authorized by the city manager. (Ord. 2005-311 § 1; Ord. 2002-254 § 2; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.171 Ditch.

A wholly artificial open channel used or constructed for the purpose of conveying water. (Ord. 2005-311 § 1; Ord. 2000-224 § 5).

18.06.173 Dormitory.

A residential building that provides sleeping quarters, but not separate dwelling units, and may include common dining, cooking and recreation or bathing facilities. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.173.1 Downtown sector (community business center).

The defined boundary of downtown Newcastle as illustrated in the community business center design guidelines (Chapter 18.22 NMC) and including the downtown core (DC) and downtown transition (DT) zones. (Ord. 2017-564 § 5).

18.06.174 Drive-through.

A drive-through is an access to a use that serves customers who pull up in their vehicles. Orders are taken and goods or services are provided using a window or microphone, while the customers remain in their vehicles. (Ord. 2007-364 § 2).

18.06.175 Drop box facility.

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. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.178 Drug store.

An establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics and related supplies, including uses located in SIC Industry Group and Industry Nos.:

A. 591 – Drug stores and proprietary stores;

B. 5993 – Tobacco stores and stands; and

C. 5999 – Cosmetics stores. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.180 Dwelling unit.

One or more rooms designed for independent habitable living space by a person or family for living and sleeping purposes, containing kitchen and sanitation facilities and rooms with internal accessibility, for use solely by the dwelling’s occupant, including but not limited to bachelor, efficiency and studio apartments, factory-built housing and mobile homes. Dwelling units shall not include micro housing units, i.e., units with shared kitchen or sanitation facilities. (Ord. 2017-564 § 6; Ord. 2005-311 § 1; Ord. 2001-248 § 4; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.183 Dwelling unit, accessory.

A habitable living unit added to, created within, or detached from a single-family dwelling that contains facilities for living, sleeping, eating, cooking and sanitation. (Ord. 2005-311 § 1; Ord. 2000-216 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.195 Earth station.

Repealed by Ord. 2001-242. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.198 Effective radiated power.

The product of the antenna power input and the numerical antenna power gain. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.200 Elderly.

A person 62 years of age or older. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.201 Electric scooters and motorcycles.

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. (Ord. 2011-444 § 2).

18.06.202 Electric vehicle.

Any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. “Electric vehicle” includes: (1) a battery electric vehicle; (2) a plug-in hybrid electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium-speed electric vehicle. (Ord. 2011-444 § 2).

18.06.202.1 Electric vehicle charging station.

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. (Ord. 2011-444 § 2).

18.06.202.2 Electric vehicle charging station – Public.

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). (Ord. 2011-444 § 2).

18.06.202.3 Electric vehicle charging station – Restricted.

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). (Ord. 2011-444 § 2).

18.06.202.4 Electric vehicle infrastructure.

Structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. (Ord. 2011-444 § 2).

18.06.202.5 Electric vehicle parking space.

Any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle. (Ord. 2011-444 § 2).

18.06.203 Electrical conversion substation.

A site containing equipment for the conversion of high voltage electrical power transported through transmission lines into lower voltages transported through distribution lines and suitable for individual users. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.205 Energy resource recovery facility.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.206 Engineer, civil, geotechnical and structural.

A. Civil engineer: an engineer who is licensed as a professional civil engineer by the state of Washington;

B. Geotechnical engineer: an engineer who is licensed as a professional civil engineer by the state of Washington and who has at least four years of relevant professional employment in the field of geotechnical, geological or mining engineering; and

C. Structural engineer: a structural engineer licensed as a professional civil engineer by the state of Washington and who has at least four years of relevant professional employment in the field of structural engineering. (Ord. 2005-311 § 1; Ord. 2000-224 § 6).

18.06.208 Enhancement.

For purposes of critical areas regulation, an action which improves the functions of a critical area or buffer. (Ord. 2005-311 § 1; Ord. 2000-224 § 7; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.210 Equipment, heavy.

High-capacity mechanical devices for moving earth or other materials, and mobile power units including, but not limited to:

A. Carryalls;

B. Graders;

C. Loading and unloading devices;

D. Cranes;

E. Drag lines;

F. Trench diggers;

G. Tractors;

H. Augers;

I. Bulldozers;

J. Concrete mixers and conveyers;

K. Harvesters;

L. Combines; or

M. Other major agricultural equipment and similar devices operated by mechanical power as distinguished from manpower. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.211 Equipment enclosure.

A small structure, shelter, cabinet, fenced area, or vault used to house and protect the electronic equipment necessary for processing wireless communications signals. Associated equipment may include air conditioning. (Ord. 2005-311 § 1; Ord. 2001-242 § 7).

18.06.213 Erosion.

The process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.215 Erosion hazard area.

Those areas in the city of Newcastle underlain by soils which are subject to severe erosion when disturbed. Such soils include but are not limited to those classified as having a severe to very severe erosion hazard according to the USDA National Resources Conservation Service, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources. These soils include, but are not limited to:

A. Any occurrence of river wash (“Rh”) and any of the following when they occur on slopes 15 percent or steeper:

1. The Alderwood gravelly sandy loam (AgD);

2. The Alderwood and Kitsap soils (AkF);

3. The Beausite gravelly sandy loam (BeD and BeF);

4. The Kitsap silt loam (KpD);

5. The Ovall gravelly loam (OvD and OvF);

6. The Ragnar fine sandy loam (RaD); and

7. The Ragnar-Indianola Association (RdE); and

B. Those which represent significant risk to sensitive receiving waters due to the proximity to those receiving waters and the size of the disturbed area. (Ord. 2016-538 § 2 (Exh. 3); Ord. 2005-311 § 1; Ord. 2000-224 § 8; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.217 Essential public facilities.

Consistent with RCW 36.70A.200, essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, regional transit authority facilities as defined in RCW 81.112.020, state and local correctional facilities, solid waste handling facilities, and inpatient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020. (Ord. 2016-541 § 2 (Exh. 1)).

18.06.218 Evergreen.

A plant species with foliage that persists and remains green year-round. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.223 Fabric shop.

An establishment engaged in the retail sale of sewing supplies and accessories, including uses located in SIC Industry Nos.:

A. 5949 – Sewing, needlework, and piece goods stores; and

B. Awning shops, banner shops, and flag shops found in 5999. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.225 Facilities standard, school.

The space required, by grade span and taking into account the requirements of students with special needs, which is needed in order to fulfill the educational goals of the school district as identified in the district’s capital facilities plan. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.228 Factory-built commercial building.

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. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.230 Fairground.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.233 Family.

A single housekeeping unit. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.235 Federal Emergency Management Agency (FEMA) floodway.

The channel of the stream and that portion of the adjoining floodplain which is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.238 Feed store.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.240 Fence.

A barrier for the purpose of enclosing space or separating lots, composed of:

A. Masonry or concrete walls, excluding retaining walls; or

B. Wood, metal or concrete posts connected by boards, rails, panels, wire or mesh. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.243 Flood fringe.

That portion of the floodplain outside of the zero-rise floodway which is covered by floodwaters during the base flood, generally associated with standing water rather than rapidly flowing water. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.245 Flood hazard areas.

Those areas in the city of Newcastle subject to inundation by the base flood including, but not limited to, streams, lakes, wetlands and closed depressions. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.248 Flood insurance rate map.

The official map on which the Federal Insurance Administration has delineated some areas of flood hazard. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.250 Flood insurance study for King County.

The official report provided by the Federal Insurance Administration which includes flood profiles and the flood insurance rate map. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.253 Flood protection elevation.

An elevation which is one foot above the base flood elevation. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.255 Floodplain.

The total area subject to inundation by the base flood. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.258 Floodproofing.

Adaptations which will make a structure that is below the flood protection elevation substantially impermeable to the passage of water and resistant to hydrostatic and hydrodynamic loads including the impacts of buoyancy. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.260 Floodway, zero-rise.

The channel of a stream and that portion of the adjoining floodplain which is necessary to contain and discharge the base flood flow without any measurable increase in flood height. A measurable increase in base flood height means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to development in the floodplain. This definition is broader than that of the FEMA floodway, but always includes the FEMA floodway. The boundaries of the 100-year floodplain, as shown on the flood insurance study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a critical area special study. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.261 Floor area ratio.

“Floor area ratio” means a ratio expressing the relationship between the amount of gross floor area permitted in one or more structures and the net area of the lot on which the structure is, or structures are, located, as depicted below. For the purposes of calculating FAR, gross floor area excludes structured parking and net lot area excludes areas that are dedicated open space or critical areas or buffers in addition to the portions of a parcel that are excluded under the definition of lot area.

(Ord. 2009-403 § 2; Ord. 2007-364 § 2).

18.06.263 Florist shop.

An establishment engaged in the retail sale of flowers and plants, including uses located in SIC Industry Nos.:

A. 5992 – Florists; and

B. 5999 – Artificial flowers. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.265 Forest land.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.268 Forest practice.

Any activity regulated by the Washington Department of Natural Resources in WAC Title 222 or Chapter 79.09 RCW for which a forest practice permit is required, together with:

A. Fire prevention, detection and suppression; and

B. Slash burning or removal. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.270 Forest product sales.

The sale of goods produced, extracted, consumed, gathered or harvested from a forest including, but not limited to:

A. Trees;

B. Wood chips;

C. Logs;

D. Fuelwood;

E. Cones;

F. Christmas trees;

G. Berries;

H. Herbs; or

I. Mushrooms. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.273 Forest research.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.274 Foster home.

A home licensed and regulated by the state and classified by the state as a foster home, providing care and guidance for not more than three unrelated juveniles. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.274.5 Freestanding.

Entirely supported from the ground. (Ord. 2005-311 § 1; Ord. 2001-242 § 8).

18.06.275 Frequency, electronic or electrical.

The number of times the current from a given source of nonionizing electromagnetic radiation changes from a maximum positive level through a maximum negative level and back to a minimum positive level in one second; measured in cycles per second or Hertz (Hz). (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.277 Furniture and home furnishings store.

An establishment engaged in the retail sale of household furniture and furnishings for the home, including uses located in SIC Major Group and Industry Nos.:

A. 57 – Home furniture, furnishings, and equipment stores, except Industry Group No. 573; and

B. Baby carriages, cake-decorating supplies, hot tubs, picture frames (ready-made), swimming pools (above-ground, not site-built), telephone stores and typewriter stores found in 5999. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.278 Garage, parking or commercial.

A building used for storage, repair or servicing of motor vehicles as a commercial use. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.279 Garage, private.

An accessory building or space within the principal building used for storage of vehicles or boats. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.280 General business service.

An establishment engaged in providing services to businesses or individuals, with no outdoor storage or fabrication, including uses located in SIC Major Group Nos.:

A. 60 – Depository institutions;

B. 61 – Nondepository credit institutions;

C. 62 – Security and commodity brokers, dealers, exchanges, and services;

D. 63 – Insurance carriers;

E. 65 – Real estate, except 653 (Real estate agents and managers);

F. 67 – Holding and other investment offices;

G. 7299 – Miscellaneous personal services, not elsewhere classified;

H. 73 – Business services, except Industry Group and Industry No. 7312 – Outdoor advertising services; and

I. 86 – Membership organizations, including administrative offices of organized religions found in 8661, but excluding churches and places of worship. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.283 Geologist.

A person who has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience as a geologist and is licensed by the state of Washington. (Ord. 2016-538 § 2 (Exh. 3); Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.285 Geotechnical engineer.

Repealed by Ord. 2000-224. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.288 Golf facility.

A recreational facility, under public or private ownership, designed and developed for uses including, but not limited to:

A. A golf course;

B. A driving range;

C. Miniature golf;

D. Pro shops;

E. Caddyshack buildings;

F. Restaurants;

G. Office and meeting rooms; and

H. Related storage facilities. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.290 Grade span, school.

The categories into which a district groups its grades of students; i.e., elementary, middle or junior high school, and high school. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.293 Grading.

Any excavation, filling, removing the duff layer or any combination thereof. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.295 Grazing area.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.298 Groundcover.

Living plants designed to grow low to the ground (generally one foot or less) and intended to stabilize soils and protect against erosion. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.298.5 Hard surface.

An impervious surface, a permeable pavement, or a vegetated roof. (Ord. 2016-551 § 2 (Exh. 1)).

18.06.298.6 Hard surface coverage.

“Hard surface coverage” shall include the ground area of the entire development site covered by any impervious surface, permeable pavement, or vegetated roof, determined by extending a vertical projection to the ground from the widest points of any hard surface, and expressed as a percentage of total lot area. (Ord. 2016-551 § 2 (Exh. 1)).

18.06.299 Hazard tree.

Any tree, determined by a person with five years’ experience with the assessment of such hazards or the equivalent educational training and professional experience, to have a structural defect, combination of defects or disease resulting in structural defect which, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will:

A. Damage a residential structure, place of employment or public assembly, or approved parking spaces for such structures;

B. Damage an approved road or utility facility; or

C. Prevent emergency access in the case of medical hardship. (Ord. 2005-311 § 1; Ord. 2000-224 § 9).

18.06.300 Hazardous household substance.

Any liquid, solid, gas, or sludge, including any material, substance, product, commodity or waste regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090 or 173-303-100. (Ord. 2016-538 § 2 (Exh. 3), 2016; Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.303 Hazardous substance.

A substance as defined in RCW 70.105.010. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.304 Hearing examiner.

The hearing examiner as established by the city of Newcastle. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.305 Heavy equipment repair.

The repair and maintenance of self-powered, self-propelled or towed mechanical devices, and equipment and vehicles used for commercial purposes, excluding:

A. Automobiles;

B. Recreational vehicles; and

C. Boats and their trailers;

and including, but not limited to:

D. Tandem axle trucks;

E. Graders;

F. Backhoes;

G. Tractor trailers;

H. Cranes; and

I. Lifts. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.308 Helistop.

An area on a roof or on the ground used for the takeoff and landing of helicopters for the purpose of loading or unloading passengers or cargo but not including fueling service, hangars, maintenance or overhaul facilities. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.309 Historic condition.

Condition of the land, including flora, fauna, soil, topography, and hydrology that existed before the area and vicinity were developed or altered by Euro-American settlement, or in some cases before any human habitation occurred. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.310 Hobby, toy, and game shop.

An establishment engaged in the retail sale of toys, games, hobby and craft kits, including uses located in SIC Industry Nos.:

A. 5945 – Hobby, toy and game shops; and

B. 5999 – Autograph and philatelist supply stores, coin shops, and stamps, philatelist-retail (except mail order). (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.313 Home industry.

A limited-scale sales, service or fabrication activity undertaken for financial gain, which occurs in a dwelling unit or residential accessory building, or in a barn or other resource accessory building and is subordinate to the primary use of the premises as a residence or farm. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.315 Home occupation.

An economic enterprise operated within a dwelling unit, incidental and secondary to the residential use of the dwelling unit, including the use of the dwelling unit as a business address in a directory or as a business mailing address. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.318 Household pets.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.319 Housekeeping unit.

One or more persons (but not more than six unrelated persons) living together as a single housekeeping unit. For purposes of this definition and notwithstanding any other provisions of this code, children with familial status within the meaning of Title 42 United States Code, Section 3602(k) and persons with handicaps within the meaning of Title 42 United States Code, Section 3602(h) will not be counted as unrelated persons. (Ord. 2009-403 § 2).

18.06.320 Hydroelectric generation facility.

An establishment for the generation of electricity using water sources. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.321 Hydrologically connected.

For purposes of critical areas regulation, a connection between two or more surface water bodies including, but not limited to, wetlands, streams or lakes as evidenced by:

A. The presence of surface water in a perennial or intermittent stream, through a culvert or otherwise above ground;

B. The presence of contiguous hydric soil; or

C. The location of a water body within or contiguous to a 100-year floodplain of a wetland, stream or lake. (Ord. 2005-311 § 1; Ord. 2000-224 § 10).

18.06.323 Impervious surface.

Impervious surface means a nonvegetated surface which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roofs; walkways; patios; driveways; parking lots; storage areas; areas which are paved, graveled or made of packed or oiled earthen materials; or other surfaces which similarly impede the natural infiltration of storm and surface water. Open uncovered flow control or water quality treatment facilities, and pedestrian walkways six feet wide or less, shall not be considered as impervious surfaces for the purposes of determining whether the thresholds for application of minimum requirements are exceeded but shall be considered impervious surfaces for purposes of runoff modeling. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2012-451 § 3; Ord. 2009-417 § 2 (Att. 1); Ord. 2005-311 § 1; Ord. 2000-210 § 6; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.324 Improved area.

For purposes of critical areas regulation, an area which has been disturbed or altered in accordance with law by mechanical or other human means and no longer exists in its natural vegetative state. An improved area may include, but is not limited to, an area cleared, graded, planted as lawn, constructed upon or otherwise developed. (Ord. 2005-311 § 1; Ord. 2000-224 § 11).

18.06.325 Improved public roadways.

Public road rights-of-way that have been improved with at least two travel lanes and are maintained by either the city of Newcastle or the state of Washington. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.328 Individual transportation and taxi.

An establishment engaged in furnishing individual or small group transportation by motor vehicle, including uses located in SIC Industry Group and Industry Nos.:

A. 412 – Taxicabs; and

B. 4119 – Local passenger transportation, not elsewhere classified. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.329 Infiltration.

The downward entry of water into the immediate surface of soil. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.330 Interim recycling facility.

A site or establishment engaged in collection or treatment of recyclable materials, which is not the final disposal site, and including:

A. Drop boxes;

B. Source-separated, organic waste processing facilities; and

C. 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. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.331 In-kind compensation.

To replace critical areas with substitute areas whose characteristics and functions closely approximate those altered, destroyed or degraded by a regulated activity. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.333 Jail.

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. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.335 Jail farm.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.338 Jewelry store.

An establishment engaged in the retail sale of a variety of jewelry products, including uses located in SIC Industry Nos.:

A. 5944 – Jewelry stores; and

B. Gem stones and rock specimens found in 5999. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.340 Kennel.

A place where adult dogs are temporarily boarded for compensation, whether or not for training. An adult dog is one of either sex, altered or unaltered, that has reached the age of six months. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.342 Lake.

A naturally existing or artificially made permanent freshwater body of any size or depth including, but not limited to, a reservoir, pond or expanded part of a stream, bounded by an ordinary high water mark. A lake does not include a flow control or water quality treatment facility. A wetland may exist, in whole or in part, within the boundaries of a lake. (Ord. 2005-311 § 1; Ord. 2000-224 § 12).

18.06.343 Landfill.

Repealed by Ord. 2005-311 § 1. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.345 Landing field.

A runway or landing area which is designed, used or intended to be used by private aircraft; including necessary taxiways, storage and tie-down areas. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.348 Landscaping.

Live vegetative materials included in the development of a site. Said materials provided along the boundaries of a development site are referred to as perimeter landscaping. Landscaping provided on the remainder of the site is referred to as interior landscaping. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.350 Landslide.

Episodic downslope movement of a mass including, but not limited to, soil, rock or snow. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.353 Landslide hazard areas.

Those areas in the city subject to severe risks of landslides, including the following:

A. Any area with a combination of:

1. Slopes steeper than 15 percent;

2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and

3. Springs or groundwater seepage;

B. Any area which has shown movement during the Holocene epoch, from 9,700 BC, or which is underlain by mass wastage debris from that epoch;

C. Any area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action;

D. Any area which shows evidence of or is at risk from snow avalanches;

E. Any area located on an alluvial fan, or in or below a ravine or canyon presently subject to or potentially subject to inundation by debris flows or deposition of stream-transported sediments; or

F. Areas of historic failures, such as areas designated as earthflows, mudflows, or landslides on maps published by the U.S. Geological Survey, Washington State Department of Natural Resources, and/or other research meeting the best available science criteria in WAC 365-195-915. (Ord. 2016-538 § 2 (Exh. 3); Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.355 Level of service (LOS).

A measure of traffic congestion along a roadway or at an intersection identified by a letter scale from A to F as calculated by a methodology endorsed by the Institute of Transportation Engineers. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.356 LID best management practices.

“LID best management practices” means distributed stormwater management practices, integrated into a project design, that emphasize predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water reuse. (Ord. 2016-551 § 2 (Exh. 1)).

18.06.358 Light equipment.

Hand-held tools and construction equipment, such as chain saws, wheelbarrows and post-hole diggers. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.360 Livestock.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.363 Livestock, large.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.365 Livestock, small.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.368 Loading space.

A space for the temporary parking of a vehicle while loading or unloading cargo or passengers. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.369 Log storage.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.370 Lot.

A unit of land that is created by a subdivision or partition of land and is owned by or under the lawful control and in the lawful possession of one ownership. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.371 Lot area.

The total horizontal area within the lot lines of a lot exclusive of public and private roads, access easements to other property, or the private driveway area of a flag lot. (Ord. 2005-311 § 1; Ord. 2000-210 § 7; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.372 Lot, corner.

A lot situated at the intersection of two streets where the interior angle of such intersection does not exceed 135 degrees. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.373 Lot coverage.

The percent of a lot area covered by the vertical and horizontal projection of any structures or buildings. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.374 Lot depth.

The distance from the midpoint of the front lot line to the midpoint of the rear lot line. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.375 Lot, interior.

A lot other than a corner lot and having frontage on only one street. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.376 Lot, irregular.

A lot which is shaped so that application of setback requirements is difficult. Examples include a lot with a shape which is not close to rectangular, or a lot with no readily identifiable rear lot line. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.377 Lot line.

The property line bounding a lot. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.378 Lot line adjustment.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.379 Lot line, front.

The property line along the front setback of a lot per NMC 18.06.546. (Ord. 2005-311 § 1; Ord. 2001-248 § 13; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.380 Lot line, rear.

The property line along the rear setback of a lot per NMC 18.06.547. (Ord. 2005-311 § 1; Ord. 2001-248 § 14; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.381 Lot line, side.

The property line along the side setback of a lot per NMC 18.06.548. (Ord. 2005-311 § 1; Ord. 2001-248 § 15; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.382 Lot of record.

A lawfully created lot which existed prior to the effective date of the ordinance codified in this title. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.383 Lot, through.

An interior lot of record which has both frontages on two separate streets. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.384 Lot width.

The dimension of the lot line at the street; or, in an irregularly shaped lot, the dimension across the lot at the front setback line; or, in a corner lot, the narrow dimension of the lot at a street or front setback line. (Ord. 2005-311 § 1; Ord. 2000-210 § 8).

18.06.384.5 Low impact development (LID).

Low impact development (LID) is a stormwater management and land use management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2009-417 § 2 (Att. 1)).

18.06.385 Manager, city manager.

The city manager of the city of Newcastle. (Ord. 2005-311 § 1; Ord. 2000-210 § 9; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.384).

18.06.385.1 Marijuana, marihuana or cannabis.

“Marijuana,” “marihuana” or “cannabis” means all parts of the plant Cannabis, whether growing or not, with a tetrahydrocannabinol, known as THC, concentration greater than 0.3 percent on a dry weight basis, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. (Ord. 2015-528 § 3 (Exh. C)).

18.06.385.2 Marijuana concentrates.

“Marijuana concentrates” means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than 60 percent. (Ord. 2015-528 § 3 (Exh. C)).

18.06.385.3 Marijuana-infused products.

“Marijuana-infused products” means products that contain marijuana or marijuana extracts, are intended for human use, and have a THC concentration greater than 0.3 percent and no greater than 60 percent. The term “marijuana-infused products” does not include either useable marijuana or marijuana concentrates. (Ord. 2015-528 § 3 (Exh. C)).

18.06.385.4 Marijuana processor.

“Marijuana processor” means a person licensed by the Washington State Liquor and Cannabis Board to process marijuana into marijuana concentrates, useable marijuana, and marijuana-infused products, package and label marijuana concentrates, useable marijuana, and marijuana-infused products for sale in retail outlets, and sell marijuana concentrates, useable marijuana and marijuana-infused products at wholesale to marijuana retailers. (Ord. 2015-528 § 3 (Exh. C)).

18.06.385.5 Marijuana producer.

“Marijuana producer” means a person licensed by the Washington State Liquor and Cannabis Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers. (Ord. 2015-528 § 3 (Exh. C)).

18.06.385.6 Marijuana researcher.

“Marijuana researcher” means a person licensed by the Washington State Liquor and Cannabis Board to produce, process, and possess marijuana for the purpose of conducting research on marijuana and marijuana-derived drug products. (Ord. 2015-528 § 3 (Exh. C)).

18.06.385.7 Marijuana retailer.

“Marijuana retailer” means a person licensed by the Washington State Liquor and Cannabis Board to sell marijuana concentrates, useable marijuana, and marijuana-infused products in a retail outlet. (Ord. 2015-528 § 3 (Exh. C)).

18.06.385.8 Marijuana retail outlet.

“Marijuana retail outlet” means a location licensed by the Washington State Liquor and Cannabis Board for the retail sale of marijuana concentrates, useable marijuana and marijuana-infused products. (Ord. 2015-528 § 3 (Exh. C)).

18.06.385.9 Mature tree.

An existing healthy tree which, when measured four feet above grade, has a minimum diameter of:

A. Eight inches for evergreen trees; or

B. Twelve inches for deciduous trees. (Ord. 2019-593 § 2).

18.06.386 Material error.

Substantive information upon which a permit decision is based that is submitted in error or is omitted at the time of permit application. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.386.1 Medical marijuana collective garden.

“Medical marijuana collective garden” means the growing of medical cannabis by qualifying patients as provided in Chapter 69.51A RCW, as now existing or as hereafter amended. A medical marijuana collective garden may also include ancillary processing and distribution of medical cannabis to support the collective garden. (Ord. 2015-528 § 3 (Exh. C)).

18.06.386.2 Medical marijuana cooperative.

“Medical marijuana cooperative” means a cooperative formed to share responsibility for acquiring and supplying the resources needed to produce and process marijuana for the medical use of members of the cooperative as provided in Chapter 69.51A

RCW, as now existing or as hereafter amended. (Ord. 2015-528 § 3 (Exh. C)).

18.06.386.5 Medium-speed electric vehicle.

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 571.500. (Ord. 2011-444 § 2).

18.06.387 Microbrewery/winery.

A microbrewery/winery is an establishment engaged in the production and distribution of beer, ale, or other malt beverages, or wine, on a limited scale. Microbreweries shall have a production capacity not to exceed 15,000 U.S. barrels per year, and shall include an eating and drinking establishment on the premises. This classification allows a microbrewery to sell beer/wine at retail and/or act as wholesaler for beer/wine of its own production for off-site consumption with appropriate state licenses. (Ord. 2007-364 § 2).

18.06.388 Microwave.

Electromagnetic waves with a frequency of 890 megahertz (MHz) or greater. (Ord. 2007-364 § 2; Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.387).

18.06.389 Mitigation.

Measures used to eliminate, reduce, or compensate for adverse impacts to or from critical areas resulting from a development proposal or alteration. (Ord. 2007-364 § 2; Ord. 2005-311 § 1; Ord. 2000-224 § 13; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.388).

18.06.389.1 Mixed use.

A collection of compatible land uses in a single parcel, development site or building, intended to allow for internalization of trips and appropriate intensity of development. (Ord. 2017-564 § 7).

18.06.390 Mobile home park.

A development with two or more improved pads or spaces designed to accommodate mobile homes. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.391 Mobile or manufactured home.

A structure transportable in one or more sections; that in the traveling mode is eight body feet or more in width or 32 body feet or more in length; or when erected on site, is 320 square feet or more in area; built on a permanent chassis; designed to be used as a dwelling unit, with or without permanent foundation, when connected to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of Chapter 296-150B WAC, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the Department of Housing and Urban Development (HUD). (Ord. 2005-311 § 1; Ord. 2001-248 § 7; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.185).

18.06.392 Modular home.

A dwelling structure located on a permanent foundation and permanently connected to public utilities, consisting of pre-selected, prefabricated units or modules, and transported to and/or assembled on the site of its permanent foundation; in contradistinction to a dwelling structure which is custom-built on the site of its permanent location; and also in contradistinction to a mobile home, either single-wide, double-wide, or of multiple width; located on a permanent foundation and permanently connected to public utilities; and further, that it conforms to the present city building, housing, electrical and plumbing codes. No distinction is made, for zoning purposes, between modular or site-built homes. (Ord. 2005-311 § 1; Ord. 2001-248 § 8; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.186).

18.06.393 Monitoring.

Evaluating the impacts of development proposals on natural or manmade systems and assessing the performance of required mitigation through the collection and analysis of data for the purpose of understanding and documenting changes in the natural or manmade systems, functions and features including, but not limited to, gathering baseline data. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.395 Monument, tombstone, and gravestone sales.

The retail sale of custom stonework products including uses located in SIC Industry No. 5599 – Monuments, finished to custom order, tombstones and gravestones finished. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.397 Motel.

A building containing units which are used as individual sleeping units having their own private toilet facilities and sometimes their own kitchen facilities, designed primarily for the accommodation of transient automobile travelers. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.398 Motor vehicle, boat and mobile home dealer.

An establishment engaged in the retail sale of new and/or used automobiles, motor homes, motorcycles, trailers, boats or mobile homes, including uses located in SIC Major Group and Industry Group Nos.:

A. 55 – Automotive dealers and gasoline service stations except:

1. 553 – Auto and home supply stores;

2. 554 – Gasoline service stations; and

B. Aircraft dealers found in 5599;

C. 527 – Mobile home dealers; and

D. Yacht brokers found in 7389. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.400 Motor vehicle and bicycle manufacturing.

Fabricating or assembling complete passenger automobiles, trucks, commercial cars and buses, motorcycles, and bicycles, including uses located in SIC Industry Group Nos.:

A. 371 – Motor vehicles and motor vehicle equipment; and

B. 375 – Motorcycles, bicycles, and parts. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.402 Multifamily.

A building designed to house two or more families living independently of each other. (Ord. 2005-311 § 1; Ord. 2001-248 § 9; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.187).

18.06.403 Municipal water production.

The collection and processing of surface water and/or groundwater through means of dams, wells or other methods of impoundment for municipal water systems. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.405 Native vegetation.

“Native vegetation” means vegetation comprised of plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur on the site. Examples include trees such as Douglas Fir, western hemlock, western red cedar, alder, big-leaf maple; shrubs such as willow, elderberry, salmonberry, and salal; and herbaceous plants such as sword fern, foam flower, and fireweed. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2016-538 § 2 (Exh. 3); Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.408 Naturalized species.

Nonnative species of vegetation that are adaptable to the climatic conditions of the coastal region of the Pacific Northwest. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.409 Neighborhood electric vehicle.

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 571.500. (Ord. 2011-444 § 2).

18.06.410 Nonconformance.

Any use, improvement or structure established in conformance with the city of Newcastle 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. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.411 Nonelectric vehicle.

Any motor vehicle that does not meet the definition of “electric vehicle.” (Ord. 2011-444 § 2).

18.06.413 Nonhydroelectric generation facility.

An establishment for the generation of electricity by nuclear reaction, burning fossil fuels, or other electricity generation methods. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.415 Nonionizing electromagnetic radiation (NIER).

Electromagnetic radiation of low photon energy unable to cause ionization. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.418 Noxious weed.

Any plant which is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to those plants on the state noxious weed list contained in Chapter 16-750 WAC. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.418.1 Nuisance tree species.

Any invasive, disease-prone, or hazardous tree species including black locust, cottonwood, Lombardy poplar, native alder and willow. (Ord. 2019-593 § 2).

18.06.419 Nursing or convalescent home.

Full-time care facilities for patients who are recovering from an illness, or receiving care for chronic conditions. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.420 Office.

A building or separately defined space within a building primarily designed to be used for the purpose of providing services rather than the production, distribution and/or retail sales of goods or commodities. The services provided are generally professional, educational, administrative, financial, or governmental in nature. This definition includes welfare, charitable or business services. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.420.1 Off-site compensation.

To replace critical areas away from the site on which a critical area has been impacted. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.420.2 On-site compensation.

To replace critical areas at or adjacent to the site on which a critical areas has been impacted. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.421 Open space.

Land intended for recreation or environmental protection purposes or as a scenic or aesthetic amenity. Open space may include, but is not limited to, lawns, decorative planting, buffers, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, and watercourses. Open space shall not be deemed to include driveways, parking lots, or other surfaces designed or intended for vehicular traffic. (Ord. 2005-311 § 1; Ord. 2000-222 § 2; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.422 Open-work fence.

A fence in which the solid portions are evenly distributed and constitute no more than 50 percent of the total surface area. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.423 Ordinary high water mark.

The mark found by examining the bed and banks of a stream or lake and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In any area where the ordinary high water mark cannot be found, the line of mean high water shall substitute. In any area where neither can be found, the top of the channel bank shall substitute. In braided channels and alluvial fans, the ordinary high water mark or line of mean high water shall be measured so as to include the entire stream feature. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.425 Outdoor performance center.

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. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.428 Park.

A site designed or developed for recreational use by the public including, but not limited to:

A. Indoor facilities, such as:

1. Gymnasiums,

2. Swimming pools, or

3. Activity centers; and

B. Outdoor facilities, such as:

1. Playfields,

2. Fishing areas, or

3. Picnic and related outdoor activity areas; and

C. Areas and trails for:

1. Hikers,

2. Equestrians,

3. Bicyclists, or

4. Off-road recreational vehicle users. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.430 Park service area.

Established by the city, within which the dedications of land and fees received from new residential developments are for the benefit of residents within such service area. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.431 Parking area.

Any area designed and/or used for parking vehicles. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.432 Parking lot.

An outdoor parking area, excluding outdoor storage or display areas of vehicles or boats for sale or lease. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.433 Parking lot aisle.

That portion of the off-street parking area used exclusively for the maneuvering and circulation of motor vehicles and in which parking is prohibited. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.435 Parking lot unit depth.

The linear distance within which one parking aisle is flanked by accessible rows of parking stalls as measured perpendicular to the parking aisle. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.438 Parking space.

An area accessible to vehicles, improved, maintained and used for the sole purpose of temporarily parking a motor vehicle. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.440 Parking space angle.

The angle measured from a reference line, generally the property line or center line of an aisle, at which motor vehicles are to be parked. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.441 Parking, structured.*

Temporary storage of motor vehicles in a building or structure located above or below ground, with stalls accessed via interior aisles. Structured parking can be provided in a single-use building or as part of a building containing other uses. (Ord. 2008-392 § 2).

*Code reviser’s note: Ord. 2008-392 added this section as Section 18.06.440. It has been editorially numbered to avoid duplication.

18.06.443 Party of record.

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. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.445 Peak hour.

The hour during the morning or afternoon when the most critical level of service occurs for a particular roadway or intersection. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.446 Pedestrian-oriented land use.

A pedestrian-oriented land use is one that makes the street active by attracting frequent pedestrian visitors throughout the day. The community development director shall determine whether a proposed land use is “pedestrian-oriented” based on this definition, including the criteria and examples provided below. Retail and service uses, other than general office uses and banking, shall generally be considered to be pedestrian-oriented, if the use meets any of the following criteria:

A. The use includes substantial window displays of or pedestrian visual access to the products or services for sale by the establishment; or

B. The use provides goods that can be consumed on-site; or

C. The use provides goods that can be purchased and transported from the site by a pedestrian.

Pedestrian-oriented land uses include but are not limited to the following: theaters/cinemas, plays/theatrical productions, libraries, museums, daycares, beauty and barber salons, department and variety stores, apparel and accessory stores, furniture and home furnishing stores, eating and drinking places, drug stores, liquor stores, used goods and related stores, books, stationery, video and art supply stores, jewelry stores, hobby, toy and game shops, photographic and electronic shops, personal medical supply stores, fabric shops, florist shops, pet shops, and any other use the community development director deems pedestrian-oriented. (Ord. 2007-364 § 2).

18.06.447 Pedestrian-oriented streets.

“Pedestrian-oriented streets” include the following:

A. Newcastle Way between 129th Avenue SE and 132nd Place SE; and

B. Coal Creek Parkway, 250 feet north and south of the Newcastle Way right-of-way. (Ord. 2008-392 § 3).

18.06.448 Permanent school facilities.

Facilities of a school district with a fixed foundation which are not relocatable facilities. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.450 Personal medical supply store.

An establishment engaged in the retail sale of eyeglasses, contact lenses, hearing aids, and artificial limbs, including uses located in SIC Industry Nos.:

A. 5995 – Optical goods stores; and

B. 5999 – Hearing aids and orthopedic and artificial limb stores. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.453 Pet shop.

An establishment engaged in the retail sale of pets, small animals, pet supplies, or grooming of pets, including uses located in SIC Industry No. 5999 – Pet shops. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.455 Photographic and electronic shop.

An establishment engaged in the retail sale of cameras and photographic supplies, and a variety of household electronic equipment, including uses located in SIC Industry No.:

A. 5946 – Camera and photographic supply stores;

B. 5999 – Binoculars and telescopes;

C. 5731 – Radio, television, and consumer electronics stores; and

D. 5734 – Computer and computer software stores. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.458 Planned unit development (PUD).

A development built under those provisions of this title which permit departures from the conventional siting, setback and density requirements of other sections of this title in the interest of preserving and protecting natural features of the land, and encouraging innovation and creative design by permitted flexibility in development. (Ord. 2005-311 § 1; Ord. 2000-222 § 3).

18.06.460 Plant associations of infrequent occurrence.

One or more plant species which do not often occur in King County because of the rarity of the habitat and/or the species involved or for other botanical or environmental reasons. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.461 Plat.

The final drawing map or representation of a subdivision. (Ord. 2005-311 § 1).

18.06.461.2 Plug-in hybrid electric vehicle (PHEV)

An electric vehicle that (A) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (B) charges its battery primarily by connecting to the grid or other off-board electrical source; (C) may additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and (D) has the ability to travel powered by electricity. (Ord. 2011-444 § 2).

18.06.461.5 Porch.

A structure with a fixed roof, open at front and sides, located along the facade and external to the principal portion of a building at approximately the level of the first floor that provides access to the dwelling unit. (Ord. 2008-397 § 2).

18.06.461.5.1 Practical alternative.

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, with less of an impact to critical areas. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.462 Principal residence.

The place where a person resides seven months or more in a 12-month period. (Ord. 2005-311 § 1).

18.06.463 Private.

Solely or primarily for the use of residents or occupants of the premises; e.g., a noncommercial garage used solely by residents or their guests is a private garage. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.465 Private stormwater management facility.

Repealed by Ord. 2000-224. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.468 Professional office.

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 SIC Major Group and Industry Nos.:

A. 64 – Insurance agents, brokers and service;

B. 653 – Real estate agents and managers;

C. 7291 – Income tax return preparation services;

D. 81 – Legal services;

E. 871 – Engineering, architectural and surveying services;

F. 872 – Accounting, auditing and bookkeeping services; and

G. 874 – Management and public relations services. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.469 Project area.

All areas, including those within 50 feet of the area, proposed to be disturbed, altered, or used by the proposed activity or the construction of any proposed structures. When the action binds the land, such as a subdivision, short subdivision, binding site plan, planned unit development, or rezone, the project area shall include the entire parcel, at a minimum. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.469.1 Project limit.

The extent of the subject property or development site, within which all required improvements and conditions apply, as defined by city-approved documentation. (Ord. 2017-564 § 8).

18.06.470 Public agency.

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. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.473 Public agency animal control facility.

A facility for the impoundment and disposal of stray or abandoned small animals. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.475 Public agency archive.

A facility for the enclosed storage of public agency documents or related materials, excluding storage of vehicles, equipment, or similar materials. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.478 Public agency office.

An office for the administration of any governmental activity or program, with no outdoor storage and including, but not limited to, uses located in SIC Major Group, Industry Group and Industry Nos.:

A. 91 – Executive, legislative, and general government, except finance;

B. 93 – Public finance, taxation, and monetary policy;

C. 94 – Administration of human resource programs;

D. 95 – Administration of environmental quality and housing program;

E. 96 – Administration of economic programs;

F. 972 – International affairs;

G. 9222 – Legal counsel and prosecution; and

H. 9229 – Public order and safety. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.480 Public agency training facility.

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:

A. Dining and overnight accommodations;

B. Classrooms;

C. Shooting ranges;

D. Auto test tracks; and

E. Fire suppression simulations. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.483 Public agency yard.

A facility for open or enclosed storage, repair, and maintenance of vehicles, equipment, or related materials, excluding document storage. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.484 Qualified professional.

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. 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 have at least five years of related work experience. (A) A qualified professional for wetlands must be a professional wetland scientist with at least two years of full-time work experience as a wetlands professional, including delineating wetlands using the federal manuals and supplements, preparing wetlands reports, conducting function assessments, and developing and implementing mitigation plans. (B) A qualified professional for habitat must have a degree in biology or a related degree and professional experience related to the subject species. (C) A qualified professional for a geological hazard must be a professional engineer or geologist, licensed in the state of Washington. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.486 Rapid charging station.

An industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. (Ord. 2011-444 § 2).

18.06.488 Receiving site.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.489 Recreational facilities.

Facilities for recreational use including but not limited to boat or yacht clubs, golf courses, swimming pools, athletic clubs, tennis courts, and picnic areas. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.490 Recreational vehicle (RV).

A vehicle designed primarily for recreational camping, recreational travel or seasonal recreational use which has its own motive power or is mounted on or towed by another vehicle. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994)

18.06.493 Recreational vehicle parks.

The use of land upon which two or more recreational vehicle sites, including hookup facilities, are located for occupancy by the general public of recreational vehicles as temporary living quarters for recreation or vacation purposes. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.494 Rectification.

For purposes of critical areas regulation, an action which repairs an alteration to a critical area or buffer. (Ord. 2005-311 § 1; Ord. 2000-224 § 14).

18.06.495 Recyclable material.

Material which can be recovered from solid waste through recycling. Recyclable materials include but are not limited to mixed paper, newsprint, cardboard, aluminum, glass, plastics, chemicals, oil, wood, organic waste that can be used in composting (food and yard/land clearing debris), ferrous metal, and inorganics (rubble and inert materials). Recycling does not include combustion of solid waste or preparation of a fuel from solid waste. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.496 Recycling.

The processing or source separation of solid waste, mechanically or by hand, to segregate materials for sale or reuse. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.498 Regional stormwater management facility.

Repealed by Ord. 2000-224. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.500 Regional utility corridor.

A right-of-way tract or easement which contains transmission lines or pipelines for utility companies, excluding distribution lines contained within street rights-of-way or lines serving individual lots or developments. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.503 Relocatable facility, school.

Any factory-built structure, transportable in one or more sections, that is designed to be used as an education space and is needed to prevent the overbuilding of school facilities to meet the needs of service areas within a district or to cover the gap between the time that families move into new residential developments and the date that construction is completed on permanent school facilities. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.505 Relocatable facilities cost per student.

The estimated cost of purchasing and siting a relocatable facility in a school district for the grade span of school to be provided, as a function of the district’s design standard per grade span and taking into account the requirements of students with special needs. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.508 Relocation facilities.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.510 Restoration, critical area.

Returning a stream, wetland, other critical area or any associated buffer to a state in which its stability and functions approach its unaltered state as closely as possible. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.513 Retail, comparison.

Provides for the sale of comparison goods and services and is centrally located in the community or region. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.515 Retail, convenience.

Provides for daily living goods, is easy to access and use and is close to residential neighborhoods. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.518 Retention/detention facility.

A type of drainage facility designed either to hold water for a considerable length of time and then to release it by evaporation, plant transpiration, irrigation and/or infiltration into the ground or to hold run-off for a short period of time and then to release it to the surface and stormwater management system. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.519 Rezone.

A change in classification from one zoning district to another. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.519.5 Roadway.

For purposes of critical areas regulation, the pavement width or proper driving portion of the road and shoulders within the outside limits of the constructed fill slopes. The improved portions of a road right-of-way ordinarily include the roadway, roadside ditch and cut or engineered slope. (Ord. 2005-311 § 1; Ord. 2000-224 § 15).

18.06.519.6 Runoff.

Water that travels across the land surface and discharges to water bodies either directly or through a collection and conveyance system. (Ord. 2016-551 § 2 (Exh. 1)).

18.06.520 Salmonid.

A member of the fish family salmonidae, including:

A. Chinook, coho, chum, sockeye and pink salmon;

B. Rainbow, steelhead and cutthroat salmon;

C. Brown trout;

D. Brook and dolly varden char;

E. Kokanee; and

F. Whitefish. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.523 School bus base.

An establishment for the storage, dispatch, repair and maintenance of coaches and other vehicles of a school transit system. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.525 School district.

Any school district whose boundaries include an area of the city. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.528 School district support facility.

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. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.530 Schools, elementary, and middle/junior high.

Institutions of learning offering instruction in the several branches of learning and study required by the education code of the state of Washington in grades kindergarten through nine, including associated meeting rooms, auditoriums and athletic facilities. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.532 Schools, preschool.

Establishments providing exclusively educational programs for prekindergarten or preschool children (ages two to five), but excluding daycare as defined by NMC 18.06.140, Daycare. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.533 Schools, secondary or high.

Institutions of learning offering instruction in the several branches of learning and study required by the Education Code of the State of Washington in grades nine through 12, including associated meeting rooms, auditoriums and athletic facilities. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.534 Screen, screening.

A continuous fence, hedge or combination of both which obscures vision through 80 percent or more of the screen areas, not including walkways or drives. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.535 Secure community transition facilities (SCTF).

A 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 provision 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 or under contract with the Washington State Department of Social Health and Services. (Ord. 2005-311 § 1; Ord. 2002-262 § 3).

18.06.536 Seismic hazard areas.

Those areas in the city of Newcastle subject to severe risk of earthquake damage as a result of earthquake-induced ground shaking, slope failure, liquefaction-induced settlement, or surface rupture in areas underlain by cohesionless soils of low density and usually in association with a shallow groundwater table or of other seismically induced settlement. (Ord. 2016-538 § 2 (Exh. 3); Ord. 2005-311 § 1; Ord. 2002-262 § 2; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.538 Self-service storage facility.

An establishment containing separate storage spaces that are leased or rented as individual units. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.540 Sending site.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.541 Senior citizen assisted.

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:

A. Food preparation and dining areas;

B. Group activity areas;

C. Medical supervision; and

D. Similar activities. (Ord. 2005-311 § 1; Ord. 2001-248 § 10; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.188).

18.06.542 SEPA.

Washington State Environmental Policy Act, Chapter 43.21C RCW. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.545 Setback.

The minimum required distance between a structure and a lot, easement, or buffer line that is required to remain free of structures. (Ord. 2005-311 § 1; Ord. 2000-210 § 11; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.546 Setback, front.

Space abutting a street right-of-way, access easement or private road either from which the lot is addressed or from which the lot gains primary access, and extending the full width of the lot; and at the intersection of two public rights-of-way, space abutting each right-of-way extending the full width of the lot. (Ord. 2005-311 § 1; Ord. 2000-210 § 12).

18.06.547 Setback, rear.

Space abutting a property line, access easement or private road and opposite to the front setback or as nearly so as the lot shape permits, and extending the full width of the lot. If more than one rear setback is described, that setback which is farthest from the front setback is the required rear setback. All others will be treated as side setbacks. If more than one front setback exists, the rear setback is opposite to the front setback from which the lot gains access or is addressed. (Ord. 2005-311 § 1; Ord. 2000-210 § 13).

18.06.548 Setback, side.

Space abutting a property line, access easement or private road and generally between the required front and rear setbacks. Any setback not defined as a front or rear setback is a side setback. (Ord. 2005-311 § 1; Ord. 2000-210 § 14; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.550 Setback, street.

Repealed by Ord. 2000-210. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.553 Shelters for temporary placement.

Housing units that provide housing to persons on a temporary basis for a duration not to exceed four weeks. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.554 Shooting range.

A facility designed to provide a confined space for safe target practice with firearms, archery equipment, or other weapons. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.554.5 Shopping plaza.

A unified multi-tenant structure(s) with a minimum of 150 feet of continuous public street frontage (excluding driveway cuts) and consisting of six or more business units, typically sharing a common driveway, parking areas and landscaping features, and constructed as a single building or a group of buildings designed as a unified and commonly identified commercial center or plaza. Such plazas may include separate tax lots under separate ownership but which are still part of the unified commercial center or plaza. (Ord. 2009-416 § 2; Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.555 Short subdivision.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.556 Short plat.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.558 Sign.

See definitions of all sign types in NMC 18.20.290. (Ord. 2019-583 § 5).

18.06.559 Sign, A-frame or A-board sign.

Repealed by Ord. 2019-583. (Ord. 2009-416 § 2).

18.06.559.5 Sign, abandoned or dilapidated.

Repealed by Ord. 2019-583. (Ord. 2009-416 § 2).

18.06.560 Sign, awning or canopy.

Repealed by Ord. 2019-583. (Ord. 2009-416 § 2; Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.560.5 Sign, billboard.

Repealed by Ord. 2019-583. (Ord. 2009-416 § 2).

18.06.561.5 Sign, building-mounted.

Repealed by Ord. 2019-583. (Ord. 2009-416 § 2).

18.06.562 Sign cabinet.

Repealed by Ord. 2019-583. (Ord. 2009-416 § 2).

18.06.563 Sign, changing message center.

Repealed by Ord. 2019-583. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.565 Sign, community bulletin board.

Repealed by Ord. 2019-583. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.566 Sign copy.

Repealed by Ord. 2019-583. (Ord. 2009-416 § 2).

18.06.568 Sign, directional.

Repealed by Ord. 2019-583. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.568.5 Sign, directory or informational kiosk.

Repealed by Ord. 2019-583. (Ord. 2009-416 § 2).

18.06.569 Sign, electronic message center.

Repealed by Ord. 2019-583. (Ord. 2009-416 § 2).

18.06.569.5 Sign face or side.

Repealed by Ord. 2019-583. (Ord. 2009-416 § 2).

18.06.570 Sign, freestanding.

Repealed by Ord. 2019-583. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.573 Sign, fuel price.

Repealed by Ord. 2019-583. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.574 Sign, human.

Repealed by Ord. 2019-583. (Ord. 2009-416 § 2).

18.06.575 Sign, incidental.

Repealed by Ord. 2019-583. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.578 Sign, indirectly illuminated.

Repealed by Ord. 2019-583. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.580 Sign, monument.

Repealed by Ord. 2019-583. (Ord. 2009-416 § 2; Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.583 Sign, off-premises directional.

Repealed by Ord. 2019-583. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.585 Sign, on-premises.

Repealed by Ord. 2019-583. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.588 Sign, permanent residential development identification.

Repealed by Ord. 2019-583. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.588.5 Sign, permanent window.

Repealed by Ord. 2019-583. (Ord. 2009-416 § 2).

18.06.589 Sign, pole or pylon.

Repealed by Ord. 2019-583. (Ord. 2009-416 § 2).

18.06.590 Sign, portable.

Repealed by Ord. 2019-583. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.593 Sign, projecting.

Repealed by Ord. 2019-583. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.594 Sign, rider.

Repealed by Ord. 2019-583. (Ord. 2009-416 § 2).

18.06.594.5 Sign, suspended.

Repealed by Ord. 2019-583. (Ord. 2009-416 § 2).

18.06.595 Sign, wall.

Repealed by Ord. 2019-583. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.596 Sign, window.

Repealed by Ord. 2019-583. (Ord. 2009-416 § 2).

18.06.598 Significant tree.

All mature trees except nuisance tree species. (Ord. 2019-593 § 3; Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.599 Single detached.

A detached building containing one dwelling unit. (Ord. 2005-311 § 1; Ord. 2001-248 § 11; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.190).

18.06.600 Site cost per student.

The estimated cost of a site in the district for the grade span of school to be provided, as a function of the district’s design standard per grade span and taking into account the requirements of students with special needs. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.601 Site plan.

A document or group of documents, prepared to scale, containing sketches, text, drawings, maps, photographs and other material intended to present and explain accurately, and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, physical design, interior vehicular and pedestrian access, the provision of improvements, principal site development features proposed for a specific parcel of land, and the interrelationship of these elements. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.602 Site plan review.

A permit process whereby a plan of a proposed development drawn to scale is processed in accordance with city codes and Chapter 17.35 NMC:

A. Identifies and shows the areas and locations of all improvements;

B. Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the director of community development;

C. Contains provisions requiring any development of land to be in conformity with the approved site plan. (Ord. 2005-311 § 1; Ord. 2001-247 § 3).

18.06.603 Ski area.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.605 Soil recycling/incineration facility.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.605.5 Soil survey.

The most recent soil survey for the local area or county by the National Resources Conservation Service, U.S. Department of Agriculture. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.606 Solid waste.

All putrescible and nonputrescible solid and semisolid wastes, including, but not limited to, garbage, rubbish, ashes, industrial wastes, biomedical waste, swill, demolition and construction wastes, land clearing wastes, abandoned vehicles or parts thereof, discarded commodities, or contaminated excavated soil/fill material. This includes all liquid, solid and semisolid materials which are not the primary products of public, private, industrial, commercial, mining, and agricultural operations. Solid waste includes but is not limited to biosolids from wastewater treatment plants, septage from septic tanks, woodwaste, dangerous waste, and problem wastes. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.608 Source-separated organic material.

Vegetative material, scrap lumber or wood, or other materials that provide a source for recycled or composted products. This does not include chemically treated wood products and/or toxic organic substances. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.610 Special use permit.

A permit granted by the city to locate a regional land use at a particular location, subject to conditions placed on the proposed use to ensure compatibility with adjacent land uses. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.610.5 Species.

Any group of animals or plants classified as a species or subspecies as commonly accepted by the scientific community. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.611 Species, endangered.

Any wildlife species native to the state of Washington that is seriously threatened with extinction throughout all or a significant portion of its range within the state (WAC 232-12-297, Section 2.4). (Ord. 2016-538 § 2 (Exh. 3)).

18.06.611.5 Species of local importance.

Those species of local concern designated by the city due to their population status or their sensitivity to habitat manipulation. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.611.5.1 Species, priority.

Any fish or wildlife species requiring protective measures and/or management guidelines to ensure its persistence at genetically viable population levels as classified by the Washington Department of Fish and Wildlife, including endangered, threatened, sensitive, candidate, and monitor species, and those of recreational, commercial, or tribal importance. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.611.5.2 Species, threatened.

Any wildlife species native to the state of Washington that is likely to become an endangered species within the foreseeable future throughout a significant portion of its range within the state without cooperative management or removal of threats (WAC 232-12-297, Section 2.5). (Ord. 2016-538 § 2 (Exh. 3)).

18.06.611.5.3 Species, sensitive.

Any wildlife species native to the state of Washington that is vulnerable or declining and is likely to become endangered or threatened throughout a significant portion of its range within the state without cooperative management or removal of threats (WAC 232-12-297, Section 2.6). (Ord. 2016-538 § 2 (Exh. 3)).

18.06.613 Specialized instruction school.

Establishments engaged in providing specialized instruction in a designated field of study, rather than a full range of courses in unrelated areas; including, but not limited to:

A. Art;

B. Dance;

C. Music;

D. Cooking;

E. Driving; and

F. Pet obedience training. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.615 Specified sexual activities.

Human genitalia in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; or erotic fondling, touching or display of human genitalia, pubic region, buttock, or female breast. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.618 Sporting goods store.

An establishment engaged in the retail sale of sporting goods and equipment, including uses located in SIC Industry Nos.:

A. 5941 – Sporting goods stores and bicycle shops; and

B. 5999 – Tent shops and trophy shops. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.620 Sports club.

An establishment engaged in operating physical fitness facilities and sports and recreation clubs, including uses located in SIC Industry Nos.:

A. 7991 – Physical fitness facilities; and

B. 7997 – Membership sports and recreation clubs. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.623 Stable.

A structure or facility in which horses or other livestock are kept for:

A. Boarding;

B. Training;

C. Riding lessons;

D. Breeding;

E. Rental; or

F. Personal use. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.625 Standard of service, school.

The standard adopted by each school district which identifies the program year, the class size by grade span and taking into account the requirements of students with special needs, the number of classrooms, the types of facilities the district believes will best serve its student population, and other factors as identified by the school district. The district’s standard of service shall not be adjusted for any portion of the classrooms housed in relocatable facilities which are used as transitional facilities or for any specialized facilities housed in relocatable facilities. Except as otherwise defined by the school board pursuant to a board resolution, transitional facilities shall mean those facilities that are used to cover the time required for the construction of permanent facilities; provided, that the “necessary financial commitments” as defined in Chapter 18.28 NMC are in place to complete the permanent facilities called for in the capital plan. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.628 Steep slope hazard areas.

Those areas on slopes 40 percent or steeper within a vertical elevation change of at least 10 feet. A slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least 10 feet of vertical relief. For the purpose of this definition:

A. The toe of a slope is a distinct topographic break in slope which separates slopes inclined at less than 40 percent from slopes 40 percent or steeper. Where no distinct break exists, the toe of a steep slope is the lowermost limit of the area where the ground surface drops 10 feet or more vertically within a horizontal distance of 25 feet; and

B. The top of a slope is a distinct, topographic break in slope which separates slopes inclined at less than 40 percent from slopes 40 percent or steeper. Where no distinct break exists, the top of a steep slope is the uppermost limit of the area where the ground surface drops 10 feet or more vertically within a horizontal distance of 25 feet. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.628.1 Step-back.

The portion of an upper story facade that begins behind the facade of the next lowest floor (see Chapter 18.15 NMC). (Ord. 2017-564 § 9).

18.06.630 Stream functions.

Natural processes performed by streams including functions which are important in facilitating food chain production; providing habitat for nesting, rearing and resting sites for aquatic, terrestrial and avian species; maintaining the availability and quality of water, such as purifying water; acting as recharge and discharge areas for groundwater aquifers; moderating surface and stormwater flows and maintaining the free flowing conveyance of water, sediments and other organic matter. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.633 Streams.

Those areas in the city of Newcastle where surface waters produce a defined channel or bed, not including irrigation ditches, canals, storm or surface water run-off devices or other entirely artificial watercourses, unless they are used by fish or are used to convey streams naturally occurring prior to construction in such watercourses. For the purpose of this definition, a defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds and defined-channel swales. The channel or bed need not contain water year-round provided there is evidence of at least intermittent flow during years of normal rainfall. (Ord. 2016-538 § 2 (Exh. 3); Ord. 2005-311 § 1; Ord. 2000-224 § 16; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.635 Street.

A public or private right-of-way or roadway providing access. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.638 Street frontage.

Any portion of a lot or combination of lots which directly abut a public right-of-way. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.638.1 Street type.

One of the three types of streets in downtown Newcastle for purposes of regulating building uses, design and pedestrian street improvements (see Chapter 18.15 NMC). (Ord. 2017-564 § 10).

18.06.640 Structure.

Anything which is permanently constructed in or on the ground, or over the water; excluding fences six feet or less in height, decks less than 30 inches above grade; retaining walls, rockeries, patios, paved areas, structural or nonstructural fill and similar improvements of a minor nature. (Ord. 2016-538 § 2 (Exh. 3); Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.641 Structure, residential.

A structure that incorporates one or more dwelling units. (Ord. 2005-311 § 1; Ord. 2002-254 § 3).

18.06.643 Student factor.

The number derived by a school district to describe how many students of each grade span are expected to be generated by a dwelling unit. Student factors shall be based on district records of average actual student-generated rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation; if such information is not available in the district, data from adjacent districts, districts with similar demographics, or county-wide averages must be used. Student factors must be separately determined for single-family and multifamily dwelling units, and for grade spans. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.644 Subdivision.

“Subdivision” is the division or redivision of land into 10 or more lots for the purpose of sale, lease or transfer of ownership, except as provided by the short subdivision of two to four lots. (Ord. 2012-455 § 13; Ord. 2005-311 § 1).

18.06.645 Subdivision, short.

The administrative approval of the division or redivision of land into nine or fewer lots for the purpose of sale or transfer of ownership. A short subdivision also may include any number of tracts for ingress, egress, utilities, open space preservation, critical area preservation, or other approved public service. (Ord. 2012-455 § 12; Ord. 2005-311 § 1).

18.06.647 Submerged land.*

Any land at or below the ordinary high water mark. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

*Code reviser’s note: Ordinance 2005-311 sets out the provisions of this section as Section 18.06.645. The section has been editorially renumbered to preserve alphabetization.

18.06.648 Substantial improvement.

Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the maintenance, repair, modification or addition is started or before the damage occurred, if the structure has been damaged and is being restored. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.648.5 Support structure.

The structure to which antenna and other necessary associated hardware is mounted. Support structures include but are not limited to the following:

A. “Lattice tower” means a support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section.

B. “Monopole” means a support structure which consists of a single pole sunk into the ground and/or attached to a foundation.

C. “Existing nonresidential structure” means existing buildings or existing structures as specified in NMC 18.25.020 to which antennas may be attached which conform to the requirements of NMC 18.25.020. (Ord. 2005-311 § 1; Ord. 2001-242 § 9).

18.06.649 Surface water conveyance.

A drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flow control and water quality treatment facilities along the way. The elements of a surface water conveyance system include, but are not limited to, gutters, ditches, pipes, biofiltration swales and channels. (Ord. 2005-311 § 1; Ord. 2000-224 § 17).

18.06.649.5 Surface water discharge.

The flow of surface water into receiving water or another discharge point. (Ord. 2005-311 § 1; Ord. 2000-224 § 18).

18.06.650 Temporary use permit.

Permit to allow a use of limited duration and/or frequency, or to allow multiple related events over a specified period. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.653 Tightline to a sewer.

A sewer trunk line designed and intended specifically to serve only a particular facility or place, and whose pipe diameter should be sized appropriately to ensure service only to that facility or place. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.654 Townhome.

A building containing one dwelling unit that occupies space from the ground to the roof, and is attached to one or more other townhome dwellings by common walls which may be located on lot lines. (Ord. 2005-311 § 1; Ord. 2001-248 § 12; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.193).

18.06.655 Trails.

Manmade pathways designed and intended for use by pedestrians, bicyclists, equestrians, and/or recreational users. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.658 Transfer station.

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. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.660 Transit base.

An establishment for the storage, dispatch, repair and maintenance of coaches, light rail trains, and other vehicles of a public transit system. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.663 Transit park and ride lot.

Vehicle parking specifically for the purpose of access to a public transit system. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.665 Transitional housing facilities.

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. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.668 Transmission equipment, electronic.

Equipment, such as antennas and satellites, or point-to-point microwave dishes, that transmit or receive radio signals. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.670 Transmission line booster station.

An establishment containing equipment designed to increase voltage of electrical power transported through transmission and/or distribution lines to compensate for power loss due to resistance. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.673 Transmission structure.

Repealed by Ord. 2001-242. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.675 Transmitter building.

Repealed by Ord. 2001-242. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.677 Transparency (building).

The ability to see into/out of a building through use of non-opaque windows or glass. (Ord. 2017-564 § 11).

18.06.678 Transportation system management (TSM).

Projects that can be implemented in a short time frame designed to increase the efficiency of existing transportation facilities. This also includes transit and/or ride sharing measures to decrease single occupancy vehicle trips. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.679 Tributary drainage area.

The geographical area which drains to the development proposal site as identified in an off-site analysis done pursuant to the King County Surface Water Design Manual. (Ord. 2005-311 § 1; Ord. 2000-224 § 19).

18.06.680 Ultimate roadway section.

A designation by the city of Newcastle that the maximum roadway or intersection capacity has been reached and further right-of-way acquisition and/or improvements are not feasible to increase peak hour vehicle capacity. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.681 Unavoidable impacts.

Adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.685 Use.

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. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.685.1 Useable marijuana.

“Useable marijuana” means dried marijuana flowers. The term “useable marijuana” does not include either marijuana-infused products or marijuana concentrates. (Ord. 2015-528 § 3 (Exh. C)).

18.06.686 Used by salmonids.

For purposes of critical areas regulation, the presence of any salmonid species, anadromous or resident, during any life stage at any time of the year. If salmonid presence is unknown, any stream with a defined channel two feet or greater in width between the ordinary high water marks and with a gradient less than 20 percent shall be presumed to be used by salmonids unless rebutted as prescribed in NMC 18.24.085. (Ord. 2005-311 § 1; Ord. 2000-224 § 20).

18.06.687 Utility corridor.

A narrow strip of land containing underground or aboveground utilities and the area necessary to maintain those utilities. The utility corridor is contained within and is a portion of any utility right-of-way or dedicated easement. (Ord. 2005-311 § 1; Ord. 2000-224 § 21).

18.06.688 Utility facility – Local.

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:

A. Telephone exchanges;

B. Water pumping or treatment stations;

C. Electrical distribution lines and transmission lines 115 kV and less;

D. Water storage reservoirs or tanks;

E. Municipal groundwater well fields;

F. Stormwater facilities serving multiple developments;

G. Repealed by Ord. 2016-541;

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

I. Sewer lift stations; and

J. Fiber optic relay boxes. (Ord. 2016-541 § 2 (Exh. 1); Ord. 2005-311 § 1; Ord. 2000-224 § 22; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.689 Utility facility – Regional.

A facility for the distribution or transmission of services from or to an area beyond Newcastle; including, but not limited to:

A. Electrical distribution substations;

B. Electrical transmission stations;

C. Electrical transmission switching stations;

D. Electrical transmission lines greater than 115 kV;

E. Regional natural gas pipelines, gate stations and limiting stations;

F. Liquid pipelines;

G. Maintenance and utility yards including sewer lift stations. (Ord. 2016-541 § 2 (Exh. 1)).

18.06.690 Variance.

An adjustment in the application of standards of a zoning code to a particular property. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.693 Vegetation.

Any and all plant life growing at, below or above the soil surface. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.694 Vendor cart.

A portable vehicle, and any related appurtenances such as a canopy or seating, not exceeding 40 square feet in area including appurtenances, used for the display and selling of commodities including but not limited to espresso and other nonalcoholic beverages, food, and flowers to walk-up patrons. Drive-up or drive-through carts are prohibited. Any items or material which may not be legally sold to minors under any law or regulation may not be sold from vendor carts to any person regardless of age. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.695 Vocational school.

Establishments offering training in a skill or trade to be pursued as a career, including uses located in SIC Industry Group No.:

A. 824 – Vocational schools; and

B. 8222 – Technical institutes. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.698 Volcanic hazard area.

Those areas in the city subject to inundation by mudflows, lahars, or related flooding resulting from volcanic activity on Mt. Rainier, delineated based on recurrence of an event in magnitude to the prehistoric Electron Mudflow. (Ord. 2016-538 § 2 (Exh. 3); Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.699 Wall plane.

The side of a building or structure that provides enclosure, separation or privacy. (Ord. 2017-564 § 12).

18.06.700 Warehousing and wholesale trade.

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 in NMC 18.08.070. These establishments shall include SIC Major Group Nos. 50 and 51 and SIC Industry Group Nos. 422 and 423. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.701 Washington Administration Code (WAC).

Administrative guidelines implementing the Growth Management Act, Chapters 365-190 and 365-195 WAC, as amended. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.703 Wastewater treatment facility.

A plant for collection, decontamination and disposal of sewage, including residential, industrial and agricultural 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. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.705 Water dependent use, critical area.

A land use which can only exist when the interface between wet meadows, grazed land and water provides the biological or physical conditions necessary for the use. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.708 Wet meadows, grazed.

Repealed by Ord. 2000-224. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.710 Wetland.

“Wetland” means an area that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. For purposes of this definition:

A. Where the vegetation has been removed or substantially altered, “wetland” is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and

B. Except for artificial features intentionally made for the purpose of mitigation, “wetland” does not include an artificial feature made from a nonwetland area, which may include, but is not limited to:

1. A surface water conveyance for drainage or irrigation;

2. A grass-lined swale;

3. A canal;

4. A flow control facility;

5. A wastewater treatment facility;

6. A farm pond;

7. A wetpond;

8. Landscape amenities;

9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway. (Ord. 2005-325 § 2).

18.06.710.5 Wetland buffer.

Designated areas adjacent to a regulated wetland which protect the wetland from surrounding activities and protect adjacent properties from changes in the location of the wetland edge. Wetland buffers minimize the short- and long-term impacts of development on properties adjacent to wetlands, preserve important wildlife habitat, allow for infiltration and water quality improvement, and protect buildings, roads and other infrastructure as well as property owners from flood damage in years of high precipitation. Wetland buffer zones shall be required of all proposed regulated activities adjacent to regulated wetlands. All buffers shall be measured from the wetland edge as surveyed in the field. (Ord. 2005-311 § 1; Ord. 2000-224 § 23).

18.06.711 Wetland edge.

The line delineating the outer edge of a wetland, consistent with the “Washington State Wetlands Identification and Delineation Manual,” 1997, Department of Ecology. (Ord. 2005-311 § 1; Ord. 2000-224 § 24. Formerly 18.06.711.5).

18.06.712 Wetland, hydrologically isolated.

A wetland which: (1) Is not contiguous to any 100-year floodplain or lake, river, stream, or other aquatic system, and (2) has no contiguous surface hydrology, hydric soil, or hydrophytic vegetation between the wetland and any other aquatic system. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.713 Wetland categories.

Wetlands are classified into category I, category II, category III and category IV based on the adopted Washington State Wetland Rating System for Western Washington, Washington State Department of Ecology publication number 04-06-025, published August, 2004. Wetland rating categories shall not recognize illegal modifications. (Ord. 2005-325 § 3).

18.06.713.1 Wetland complex.

“Wetland complex” means a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria:

A. Each wetland included in the complex is within 500 feet of the delineated edge of at least one other wetland in the complex;

B. The complex includes at least:

1. One wetland classified category I or II;

2. Three wetlands classified category III; or

3. Four wetlands classified category IV;

C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and

D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. (Ord. 2005-325 § 4).

18.06.713.2 Wetland creation.

“Wetland creation” means, for purposes of wetland mitigation, the manipulation of the physical, chemical or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. (Ord. 2016-538 § 2 (Exh. 3); Ord. 2005-325 § 4).

18.06.713.2.5 Wetland cumulative impacts or effects.

The combined, incremental effects of human activity on ecological or critical area functions and values. Cumulative impacts result when the effects of an action are added to or interact with the effects of other actions in a particular place and within a particular time. It is the combination of these effects, and any resulting environmental degradation, that should be the focus of cumulative impact analysis and changes to policies and permitting decisions. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.713.3 Wetland enhancement.

“Wetland enhancement” means the manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state of composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. (Ord. 2005-325 § 4).

18.06.713.4 Wetland functions.

“Wetland functions” means the natural processes performed by wetlands including functions which are important in facilitating food chain production, providing habitat for nesting, rearing and resting sites for aquatic, terrestrial and avian species, maintaining the availability and quality of water, acting as recharge and discharge areas for groundwater aquifers and moderating surface water and stormwater flows, as well as performing other functions including, but not limited to, those set forth in 33 CFR 320.4(b)(2), 1988. (Ord. 2005-325 § 4).

18.06.713.4.5 Wetland mature forested.

A wetland where at least one acre of the wetland surface is covered by woody vegetation greater than 20 feet in height with a crown cover of at least 30 percent and where at least eight trees/acre are 80 to 200 years old or have average diameters (dbh) exceeding 21 inches (53 centimeters) measured from the uphill side of the tree trunk at 4.5 feet up from the ground. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.713.4.5.1 Wetland mitigation bank.

A site where wetlands are restored, created, enhanced, or in exceptional circumstances, preserved expressly for the purpose of providing advance mitigation to compensate for future, permitted impacts to similar resources. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.713.4.5.2 Wetland mosaic.

An area with a concentration of multiple small wetlands, in which each patch of wetland is less than one acre; on average, patches are less than 100 feet from each other; and areas delineated as vegetated wetland are more than 50 percent of the total area of the entire mosaic, including uplands and open water. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.713.4.5.3 Wetland maintenance or repair.

An activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the Wetlands Guidance for Small Cities Western Washington Version Page B-6 original design and drain, dredge, fill, flood, or otherwise alter critical areas are not included in this definition. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.713.4.5.4 Wetland preservation.

The removal of a threat to, or preventing the decline of, wetland conditions by an action in or near a wetland. This term includes the purchase of land or easements, repairing water control structures or fences, or structural protection. Preservation does not result in a gain of wetland acres but may result in a gain in functions over the long term. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.713.5 Wetland reestablishment.

“Wetland reestablishment” means for purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal or returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. (Ord. 2005-325 § 4).

18.06.713.6 Wetland rehabilitation.

“Wetland rehabilitation” means for purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. (Ord. 2005-325 § 4).

18.06.713.7 Wetland restoration.

Measures taken to restore an altered or damaged natural feature, including:

A. 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

B. Actions performed to reestablish structural and functional characteristics of the critical area that have been lost by alteration, past management activities, or catastrophic events. (Ord. 2016-538 § 2 (Exh. 3)).

18.06.714 Wetpond.

An artificial water body constructed as a part of a surface water management system. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.714.5 Wildlife.

Birds, fish, and animals, other than humans, which are not domesticated and are considered to be wild. (Ord. 2005-311 § 1; Ord. 2000-224 § 26).

18.06.715 Wildlife shelter.

A facility for the temporary housing of sick or wounded or displaced wildlife. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.716 Wireless communications facility.

An unstaffed facility for the transmission and reception of radio or microwave signals. WCFs are composed of two or more of the following components:

A. Antenna;

B. Support structure;

C. Equipment enclosure;

D. Security barrier. (Ord. 2005-311 § 1; Ord. 2001-242 § 12).

18.06.717 Wireless communications facility permit.

Permit granted by the city after review by the director pursuant to NMC Title 19, to locate a wireless communications facility on a particular nonresidentially zoned property, subject to conditions placed on the facility to ensure compatibility with nearby land uses. (Ord. 2005-311 § 1; Ord. 2002-254 § 4).

18.06.718 Work release facility.

A facility which allows the opportunity for convicted persons to be employed outside of the facility, but requires confinement within the facility when not in the place of employment. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.720 Yard waste processing facility.

A site 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. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).