Chapter 20.15
DEFINITIONS

Sections:

20.15.000    Definitions.

20.15.005    Words and phrases defined.

20.15.000 Definitions.

For the purpose of this title, the following words and phrases are defined and shall be construed as set forth in this chapter, unless otherwise expressly stated or the context clearly indicates a different intention. The definitions of words and phrases used in this title and not specifically defined in this chapter shall be their common meaning as may be determined by the planning director. (Ord. 2147 Exh. A, 1987).

20.15.005 Words and phrases defined.

As used in this title:

“Access” means the place or way by which pedestrians and vehicles have safe ingress and egress to a property.

“Accessory building” means a portion of the main building or a detached subordinate building located on the same lot or premises which is devoted exclusively to an accessory use, and which is used exclusively by the occupants of the main building.

“Accessory use” means a use incidental to, related and clearly subordinate to the principal use of a lot or a building or other structure located upon the same lot or premises as the accessory use.

“Acre” means the same as “acre, net” unless otherwise specified.

“Acre, gross” means 43,560 square feet of land area, including public or private streets or road easements.

“Acre, net” means 43,560 square feet of land area, not including public or private streets or road easements.

“Addition” means the result of any work that increases the volume of an existing structure.

“Adjoining grade” means the ground level at a given point adjacent to a structure.

“Adjoining grade, average” means a single reference elevation which indicates the average grade or ground level of the perimeter of a structure, based on the sum of the existing or finished grade elevations, whichever is lower, which are adjacent to an exterior wall. Average adjoining grade (A.A.G.) is calculated by the following:

A.A.G. = SUM(AE x WL)/SUM WL

where AE is the average ground elevation between each two-foot contour line adjacent to the perimeter of the structure or part of structure for which the A.A.G. is being calculated; and where WL is the wall length between each two-foot contour line described above.

“Adult family home” means a regular family abode of a person or persons who are providing personal care, room, and board to more than one, but not more than four, adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults may be permitted if the Department of Social and Health Services determines that the home is of adequate size and that the home and provider are capable of meeting the standards and qualifications established in Chapters 70.128 RCW and 388-76 WAC.

“Affordable retirement apartments” means any residential living facility where all dwelling units are available and intended for occupancy exclusively by households where: (1) each member is at least age 55; (2) at least one member is age 62 or older; and (3) all members in the aggregate earn less than 80 percent of the area median gross income for Pierce County (adjusted for household size).

“Aged person” means a person of the age 65 years or more, or a person of less than 65 years who by reason of infirmity requires domiciliary care.

“Agricultural activity” means a condition or activity which occurs in connection with the production of farm products, either for personal consumption or sale, and includes, but is not limited to, marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; operation of machinery and irrigation pumps; movement including, but not limited to, use of current road ditches, streams, rivers, canals, and drains, and use of water for agricultural activities; ground and aerial application of seed, fertilizers, conditioners, and plant protection products; employment and use of labor; roadway movement of equipment and livestock; protection from damage by wildlife; prevention of trespass; construction and maintenance of buildings, greenhouses, fences, roads, bridges, ponds, drains, waterways, and similar features and maintenance of streambanks and watercourses; and conversion from one agricultural activity to another.

“Agricultural production use” means an intensive agricultural use that is conducted primarily within a structure or enclosed area and may be associated with odors or noise perceptible beyond the property boundaries. Typical uses include feed lots, greenhouse operations, poultry farms and fish hatcheries.

“Agricultural support use” means a use that provides a service or sells commodities for use by agricultural activities. Typical uses include farm equipment sales and repair, farm material sales such as grain, feed and fertilizer, and small scale farm product processing such as cider mills, dairies, poultry or meat processing, where no more than five persons are employed.

“Alley” means a public right-of-way or city-approved private way which affords only a secondary means of access to abutting property.

“Assisted living facility” means a residential care institution that provides resident rooms, or residential units, to handicapped or elderly persons. The facility provides, or contracts to provide, supervisory care services, personal care services, or directed care services on a continuous basis.

“Attached accessory building” means an accessory structure that is an integral part of the primary building footprint and has a shared common wall/roof with the primary structure. In no case shall an accessory building be considered attached and therefore part of a primary building if such structural attachment is the form of a breezeway, carport, enclosed hallway, fence, trellis, tunnel, arch, or any other architectural embellishments.

“Bed and breakfast house” means a lodging use, within a single dwelling unit with multiple bedrooms, where short-term (i.e., four or fewer nights, or up to 18 nights during the month of September) overnight lodging and meals are provided to unrelated individuals for compensation. Said dwelling shall be the principal residence for the proprietors.

“Board of adjustment” means the board of adjustment for the city.

“Boardinghome” means any home or other institution, however named, which is advertised, announced or maintained for the express or implied purpose of providing board and domiciliary care to three or more aged persons not related by blood or marriage to the operator, and licensed by the state of Washington pursuant to Chapter 18.20 RCW. It shall not include facilities certified as group training homes pursuant to RCW 71A.22.040, nor any home, institution or section thereof which is otherwise licensed and regulated under the provisions of state law providing specifically for the licensing and regulation of such home, institution or section thereof. Nor shall it include any independent senior housing, independent living units in continuing care retirement communities, or other similar living situations.

“Boardinghouse” means a residential dwelling with multiple bedrooms where long-term lodging and meals are provided to unrelated individuals for compensation.

“Building” means a structure built for the support, shelter, or enclosure of persons, animals or property of any kind in conformance with the Uniform Building, Plumbing and Mechanical Codes as adopted by PMC Title 17.

“Building department” means the building department of the city.

Building Height. See “Height, building or structure.”

“Building permit” means a permit authorized pursuant to PMC Title 17.

“Business park use” means a use that involves the manufacturing, compounding or assembly of consumer, business, scientific and medical merchandise, such as electronic equipment, precision instruments, glassware, china, household appliances, cabinets, furniture or jewelry, from the following previously prepared typical materials: clay, cloth or fiber, cork, fur, glass, leather, paper (no milling), precious or semiprecious stones or metals, nonferrous metals, plaster, plastics, shells, textiles, tile and wood. “Business park use” also includes scientific and research laboratories and corporate and general offices. Such uses typically do not employ the use of hazardous materials or volatile chemicals, except as a minor or incidental part of the production process.

“Carport” means a roofed structure permanently open on at least two sides to be used for vehicle shelter and/or storage.

“City” means the city of Puyallup.

“City council” means the city council of the city.

“Clinic” means any facility used for the care, diagnosis and treatment of sick, infirm or injured persons, but not providing board or facilities for overnight accommodations.

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

“Club” means a structure or premises housing a fraternal or other membership organization. A club typically has a meeting room or rooms, cooking and dining facilities, and may include recreation and entertainment facilities.

“Code” means the municipal code of the city.

“Code enforcement manager” means the manager of the code enforcement department of the city, or his or her duly authorized representative.

“Commercial recreation use” means a use that provides facilities for the conduct of recreational activities, usually in exchange for remuneration. This use shall be broken into the following two subcategories:

(1) “Commercial recreational use, minor”: those uses involving instructional and related activities of a more minor intensity when compared to major commercial recreation uses, including, but not limited to, dance studios, exercise establishments, art classrooms and other uses of a similar nature and intensity.

(2) “Commercial recreational use, major”: those uses of greater intensity, including amusement parks, drive-in theaters, driving ranges, miniature golf courses, marinas, outdoor theaters, race tracks, sporting ranges and sports arena. Recreational facilities such as health clubs are separately defined and permitted as “commercial recreational facilities/health club.” “Commercial recreational use, major” often involves outdoor facilities, nighttime lighting, the use of flying objects or physical hazards and generates large volumes of traffic during specific short periods of time.

“Commercial use, general” means a use that involves the purchase, sale, lease, rental, repair or other transaction involving the handling of any article, service, substance or commodity commonly used for consumer or household use. Typical uses include arcades, art specialty and retail shops, consumer services enterprises (laundries, dry cleaners, shoe repair, appliance and electronic repair, tailoring, printing shops and photo finishing, etc.), shopping centers or malls, food stores and supermarkets, health spas and studios, hotels and motels, indoor theaters, and restaurants (including sale of alcoholic beverages). “General commercial uses” may be profit or nonprofit and are typically conducted entirely within an enclosed building and do not involve outdoor storage of materials. The term does not include “road service uses.” Small-scale food and beverage producers (including those involving the production of alcohol, such as on-site beer brewing and distilleries), which involve 7,500 square feet or less floor area devoted to such production processes and storage, and which include a retail component wherein the food and/or beverages produced on site are sold to the general public, shall also be considered “general commercial uses.”

“Commission” means the planning commission of the city.

“Community facility use” means a use involving government or community facilities intended to serve a community service function and which has characteristics similar to more intensive heavy commercial or industrial uses. Such characteristics may include large volumes of traffic or substantial truck traffic, noise, visual or other impacts. Typical uses include maintenance yards, utility substations, public parking garages, electric generating plants, or wastewater treatment plants.

“Community garden” means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained or used by group members.

“Community recreational facility/health club” means a facility housing recreational equipment and programs, including gymnasiums, dance studios, pools, exercise equipment and related recreational items. Such a facility, intended to be principally internal in nature, may be private, nonprofit, or municipal in nature. This category does not include recreational uses which are primarily outdoor in nature (e.g., miniature golf, amusement parks) or uses typically involving extensive noise or glare (e.g., fire ranges, golf driving ranges).

“Comprehensive plan” means the Puyallup comprehensive plan as adopted by the city council.

“Conditional use permit” means a permit granted by the commission or city council in accordance with the terms of Chapter 20.80 PMC.

“Congregate living facility” means a multiple dwelling residential facility for senior citizens, featuring a central lobby, common dining area, and recreational rooms. The fee structure shall include at least one meal per day in the common dining area. Domiciliary care services may also be provided. Accessory support uses for tenants, such as pharmacies, banking services, barbers/beauticians, etc., may be included.

“Contiguous properties” means two or more lots or parcels of land sharing a common boundary line.

“Convenience market” means any retail market containing a gross floor area of 2,400 square feet or less, selling food, household goods and other small merchandise intended for domestic consumption. Convenience markets typically do not carry a full complement of merchandise brands.

“Courtyard” means an open space unobstructed from the ground to the sky that is bound on three or more sides constituting enclosure of space.

“Courtyard, auto” means a courtyard used to provide required parking.

“Day care center” means a facility regularly providing care for 13 or more children for periods of less than 24 hours, and licensed for such use by the state. No such center shall be located in a private family residence unless the portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation or is separate from the usual living quarters of the family.

“Day care provider, family” means a home regularly providing care for 12 or fewer children for periods of less than 24 hours and licensed for such use by the state. Such a facility shall be located in the family abode of the person or persons under whose direct care and supervision the children are placed.

“Density” means the number of dwelling units per acre or per square feet of lot area.

“Director” means the director of the planning and community affairs department of the city, or the director’s designated representative.

“Dog kennel” means a compound or pens, located either within or exterior to a structure, for short- or long-term boarding or care for more than three dogs greater than four months of age at any given time, whether said dogs are owned by the kennel operator or others. This definition applies to kennels whether operated as a principal use or as accessory to another use (e.g., veterinary clinic, pet store).

“Dormitory” means a building containing bathroom facilities available for common use by the residents of the building, which is occupied or intended to be occupied as the dwelling for more than six persons who are not related by blood, marriage, or adoption but who are enrolled in, affiliated with or employed by the same educational, religious, or health institution. “Dormitory” shall not include a boardinghouse, motel, hotel, group home, health institution or other type of housing.

“Drive-in” and “drive-through establishment” means any establishment accommodating customers who remain in or are served in their motor vehicles, whether such service is on the premises or at the curb adjacent to the premises.

“Driveway” means vehicular access to off-street parking or loading space.

“Duplex” means a building used exclusively for occupancy by two families (including their guests, servants and employees) living independently of each other and containing two dwelling units.

“Dwelling” means a building meeting the requirements of the Uniform Building Code or portion thereof or a designated manufactured home as defined herein and when permitted in manufactured home subdivisions, used exclusively for residential purposes, including one-family, two-family and multiple dwellings, but not including hotels and motels, lodginghouses, roominghouses, clubs and fraternity houses.

“Dwelling, duplex” means a building used exclusively for occupancy by two families (including their guests, servants and employees) living independently of each other and containing two dwelling units.

“Dwelling, fourplex” means a building used exclusively for occupancy by four families (including their guests, servants and employees) living independently of each other and containing four dwelling units.

“Dwelling, multiple-family” means a detached building used exclusively for occupancy by one family (including their guests, servants and employees) living independently of each other, and containing from three to 36 dwelling units. “Multiple-family dwelling” includes triplexes, fourplexes, apartments, or townhouses.

“Dwelling, single-family” means a detached building or designated manufactured home as defined herein and when permitted in manufactured home subdivisions, used exclusively for occupancy by one family (including their guests, servants and employees) and containing one dwelling unit.

“Dwelling, triplex” means a building used exclusively for occupancy by three families (including their guests, servants and employees) living independently of each other and containing three dwelling units.

“Dwelling unit, accessory” means a residential unit with a functional kitchen, bath and outside entrance, restricted in size and the number of bedrooms and intended primarily for occupancy by family members related to or individuals providing assistance to the family of the principal dwelling unit.

“Dwelling unit, auxiliary” means a dwelling unit located within a zoning district that otherwise does not allow residential uses, which dwelling unit is used exclusively by the owner, operator or caretaker (and family) of the associated permitted or conditionally permitted use. An auxiliary dwelling unit must be located upon the same parcel as the principal use or structure it serves, and no more than one auxiliary dwelling unit shall be allowed per parcel.

“Extraction and related use” means a use involving the removal of natural earth materials or the dismantling or outdoor storage of manmade materials or equipment. Typical uses include gravel pits or stone quarries, or motor vehicle wrecking yards or scrap yards.

“Facade” means the face of a building including architectural features such as exterior walls, windows, and doors.

“Facade, front” means the face of a building primarily oriented toward and exposed to view from a public right-of-way, including architectural features such as exterior walls, windows, and doors.

“Family” means one or more persons related by blood, marriage, adoption, or guardianship and including foster children and exchange students, or a group of not more than six unrelated persons, excluding servants, living together as a single nonprofit housekeeping unit.

For the purposes of this section, a housekeeping unit is not nonprofit if it is operated by or under the sponsorship of an entity which receives payment per resident on a monthly or other periodic basis from any governmental or private agency to provide care or shelter for any resident of the unit who is unrelated to the caregiver; provided, that foster family homes and adult family homes shall be considered to be nonprofit housekeeping units. Nothing in this definition shall be applied so as to prevent the city from making reasonable accommodations as may be necessary to afford persons with handicaps equal opportunity to use and enjoy a dwelling as required by the Fair Housing Act Amendments of 1988.

“Fence” means a freestanding structure resting on or partially buried in the ground and rising above the ground level, and used for confinement, privacy, protection, screening or partition purposes.

“Floodplain” means the land area susceptible to being inundated by floodwaters having an average occurrence of once in 100 years or as having one percent chance of being equaled or exceeded in any given year.

“Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved property, water and sanitary facilities, structures and their contents.

“Floodway” means that area necessary to convey and discharge floodwaters during flooding events having a one percent chance of being equaled or exceeded in any given year, as delineated under the National Flood Insurance Program.

“Floodway fringe” means that portion of the floodplain that is not located within the floodway.

“Floor” means a continuous supporting surface extending horizontally throughout a building. The “floor” shall be considered to include interior elevator shafts, stairwells and other similar interior spaces.

“Floor area” means the total horizontal area expressed in square feet of all floors, platforms and stairwells within the surrounding walls and below the roof of all structures on a subject lot. “Floor area” is calculated from the exterior surface of the building walls. Floor area shall not include the area of roofed decks which are open/unenclosed on at least one side, attics and storage spaces containing less than five feet of headroom between floor and ceiling, multifamily, commercial or industrial garages devoted primarily to vehicle parking or loading which are located on the first or subsurface floors, and basements and cellars when the finished ceiling of such basements or cellars is less than two feet above the lowest point of the finished adjacent grade. Detached accessory structures 200 square feet and smaller and carports, regardless of size, shall also not be considered floor area. For the purpose of calculating floor area ratio for a lot whose principal use is single-family residential, garages and carports shall be excluded up to a maximum area of 500 square feet per parcel; all garage space in excess of 500 square feet per parcel shall be included as part of the floor area calculation.

For the purposes of the downtown planned action area, “floor area” means the total horizontal area expressed in square feet of all floors, platforms and stairwells within the surrounding walls and below the roof of all structures on a subject lot. “Floor area” is calculated from the exterior surface of the building walls. Floor area shall not include the area of roofed decks which are less than 50 percent enclosed, attics and storage spaces containing less than five feet of headroom between floor and ceiling. Also, floor area shall not include structured parking when the structured parking is provided onsite with the use it serves.

“Floor area ratio” means the numerical value obtained by dividing the total floor area of a structure or structures by the total area of the lot on which such structure or structures are located.

“Garage, private” means an accessory building or an accessory portion of the main building designed and/or used for shelter or storage of vehicles owned or operated by the occupants.

“Garage, public” means a structure other than a private garage used for the shelter or storage of vehicles.

“Garage/yard sale” means the offering of used/secondhand household items for sale at a residence pursuant to the standards of Chapter 20.70 PMC.

“Generally accepted agricultural and best management practices” means sound, economically feasible farming techniques and best management practices as defined and/or recommended by the American Society of Agronomy, United States Department of Agriculture Soil Conservation Service, Washington State Cooperative Extension Service, and other professional or industrial agricultural organizations.

“Grocery store” means a retail establishment selling food as well as other convenience and household goods.

“Guest house” means living quarters within an accessory building for the sole use of the occupants of the premises, persons employed on the premises or for temporary use by the guests of the occupants of the premises. Guest houses shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling.

“Guest room” means any habitable room which does not contain cooking facilities and is designed or used for occupancy by one or more persons, other than a dwelling unit.

“Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70.105.010.

“Hazardous waste storage” means the holding of dangerous waste for a temporary period as regulated by state dangerous waste regulations, Chapter 173-303 WAC.

“Hazardous waste treatment” means the physical, chemical or biological processing of dangerous waste to make wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume.

“Hazardous waste treatment and storage facility, off-site” means those treatment and storage facilities which treat and store waste from generators on properties other than those on which the off-site facilities are located. These facilities must comply with the state siting criteria as adopted in accordance with RCW 70.105.210.

“Hazardous waste treatment and storage facility, on-site” means those treatment and storage facilities which treat and store wastes generated on the same geographically contiguous or bordering property. These facilities must comply with the state siting criteria as adopted in accordance with RCW 70.105.210.

“Hearing examiner” means the hearing examiner of the city of Puyallup.

“Heavy industry” means a use involving the manufacture, processing, refining, outdoor storage, or treatment of large equipment, or raw or hazardous materials (i.e., timber, coal, oil, volatile gases). Typical uses include automobile assembly plants, asphalt or concrete mixing plants, bulk materials or machinery storage, fuel generation plants, grain elevators, meat packing plants or slaughterhouses, resource recovery facilities and junk or vehicle wrecking yards. The term also includes transportation terminals such as landing fields, heliports, or railroad or trucking yards.

Height, Building or Structure. “Building or structure height” means:

(1) For single-family houses, and accessory structures related to the use of property for single-family purposes:

(a) The vertical distance from the finished adjoining grade to an imaginary plane projected from the highest part of the roof. Building height shall be determined by the average of the vertical distances to the imaginary plane to four corners of the structure (“total sum height” – see example below). The vertical distance shall be measured from the finished grade which coincides with the drip line of the roof eaves immediately above the finished grade.

(2) For all structures other than single-family houses and accessory structures related to them:

(a) The vertical distance from the lower of the finished average adjoining grade to the top of a flat roof, the crown of a mansard roof, or to the mean height between the eaves and ridge of a gable, hip, gambrel or similar pitched roof. The ridge of a gable, hip, gambrel or similar pitched roof shall not extend over eight feet above the specified maximum height limit.

Church steeples, chimneys, elevator penthouses, vents and similar enclosures or equipment shall not be considered for the purpose of determining building or structure height, as long as such enclosures or equipment do not cover a significant portion of the roof area.

“Home occupation” means an occupation, business or profession which is conducted on a property that is principally in residential use and is zoned for residential purposes. A home occupation is carried out solely by the residents of said property, and is clearly incidental and secondary to the use of the property for residential purposes. See Chapter 20.75 PMC for regulations governing home occupations.

“Horticultural activity” means the raising of plants for the use of the plants or their products, generally for food production, but may also include ornamental uses; examples include vegetable raising, P-Patch community gardens, raising flowers, orchards, vineyards and similar activities.

“Hotel (motel)” means a building or group of buildings in which there are guest rooms where temporary lodging with or without meals is provided for compensation. “Hotel” shall not include jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes, and similar buildings where human beings are housed or detained under legal or medical constraint, nor shall “hotel” include “bed and breakfast house.”

“Kitchen” means any room used or intended or designed to be used for cooking or the preparation of food, including any room having a sink and provisions for gas or an electric stove.

“Landscaping” means landscape elements including plant materials (grass, groundcover, annuals, perennials, shrubs, vines and trees), landscape light fixtures, trash receptacles, benches, fountains and other street furniture and including paving or decking used for ornamental purposes.

“Large farm animal” means varieties of large animals used in urban agricultural activities for production of food, their products, or use such as cows, sheep, goats, horses, swine and other similar sized farm animals. Miniature varieties of farm animals such as pygmy goats shall not be considered large farm animals.

“Limited animal husbandry” means the keeping of animals for the use or the sale of their products, such as meat, milk or eggs. Examples of animal husbandry uses are raising poultry for eggs and meat, raising rabbits for meat, keeping goats or cows for milk or meat, keeping bees for honey or pollination of plants and other similar activities.

“Limited manufacturing/light industrial use” means a use involving the manufacture, assembly, processing or treatment of parts, materials, goods, foodstuffs and products intended for general distribution. Production processes may not employ the extensive use of hazardous or volatile materials or chemicals, or continuous high levels of noise. Typical uses include contractors shops, metal fabrication, custom boat building, indoor storage of bulk materials and machinery, nonflammable gas production, warehouse and distribution facilities, publishing plants, vehicle repair facilities, storage units, or towing yards.

“Loading facilities” means an area other than a street or alley, either open or enclosed, or partially enclosed within a structure or portion thereof, designed or used for the temporary parking of commercial vehicles while loading or unloading goods or materials.

“Long-term residential care facility” is the specific use category that encompasses certain residential care facilities which are licensed by the state to provide long-term health and rehabilitative care services in a residential setting. Such uses include, but are not limited to: adult family homes, boardinghomes, nursing homes, residential care/treatment facilities, etc.

“Lot” means a parcel of real property shown as a delineated parcel of land with a number, letter or other designation on a final plat or short plat of subdivision recorded in the office of the county recorder and subdivided pursuant to PMC Title 19 and in accordance with state law or a contiguous parcel of real property legally established in accordance with city and state regulations.

“Lot area, gross” means the total area, including public and private streets, alleys, and road easements within the boundary lines of a lot.

“Lot area, net” means the total area, exclusive of streets, alleys, road easements or private roads within the boundary lines of a lot.

“Lot, corner” means a lot situated at the intersection of two or more streets, which streets have an angle of intersection measured within said lot of not more than 135 degrees.

“Lot coverage” means that percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, including any area under roof, cantilevered decks, balconies, roof overhangs, and eaves. Paved areas, decks, detached accessory structures 200 square feet and smaller, and other similar structures constructed at or below grade level, or in no event higher than 30 inches above the adjoining grade of said structures, and swimming pools shall be not considered as “lot coverage.”

“Lot depth” means the horizontal length of a straight line drawn perpendicularly to the front lot line from the midpoint of the rear lot line to the front lot line. On panhandle lots, the access strip portion shall be excluded when calculating lot depth.

“Lot, interior” means a lot other than a corner lot.

“Lot line” means a line specified by recorded deed or subdivision map delineating the boundaries of a lot.

“Lot line, front” means:

(1) In the case of an interior lot, a lot line separating a lot from the street right-of-way line;

(2) In the case of a corner lot, a lot line separating the narrower street frontage from the street right-of-way line. Alternatively, the planning director shall have the authority to determine, for purposes of determining setbacks, that either street frontage may be deemed the front lot line, with the other frontage becoming the street side yard lot line. This is contingent upon finding that the resulting lot line determination is consistent with existing or proposed site improvements, that site access meets applicable city engineering standards, and that overall site development would not result in a situation injurious to or incompatible with the surrounding vicinity;

(3) In the case of either an interior or corner lot which extends from one street to another, the lot lines separating the lot from the street right-of-way lines on both frontages; except where the right of vehicular access has been waived to one of the streets as required by governmental agency, the lot line separating the lot from the street right-of-way line upon which access has been waived becomes the rear lot line;

(4) In the case of a panhandle or flag lot, a lot line which is most nearly perpendicular to the access strip and whose prolongation would divide the access strip from the main body of the lot;

(5) In the case of a lot which has no street frontage, a lot line which is most nearly perpendicular and closest to the street right-of-way line from which the property gains access.

“Lot line, rear” means the lot line or lines most distant from and generally opposite the front lot line; except that in the case of an interior triangular or pie-shaped lot, it means a straight line 10 feet in length which:

(1) Is parallel to the front lot line or the chord of a curved lot line; and

(2) Intersects the two other lot lines at points most distant from the front lot line.

“Lot line, side” means any lot line that is not a front or rear lot line.

“Lot, panhandle” means a lot whose largest area is located to the rear of another lot or lots and which lot has its only access by means of a narrow, contiguous strip of land connecting such lot to a street; the same as a flag lot.

“Lot width” means the horizontal distance between the side lot lines measured at right angles to the line comprising the depth of the lot at a point midway between the front and rear lot lines.

“Low impact development (LID)” is a storm water management strategy that emphasizes conservation and use of existing natural site features integrated with distributed, small-scale storm water controls to more closely mimic natural hydrologic patterns in residential, commercial and industrial settings. LID implements engineered small-scale hydrologic controls to replicate the predevelopment hydrologic regime of watersheds through infiltrating, filtering, storing, evaporating and detaining runoff close to its source. Examples of LID include: permeable paving, bio-infiltration facilities (e.g., “rain garden”), bio-filtration facilities, green roofs, rainwater collection, tree retention, soil amendments, clustered site design, native landscaping/minimization of turf lawn, minimal excavation foundation systems, retention of natural site contours, impervious surface minimization, etc.

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

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

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

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

“Manufactured home, new” means any manufactured home required to be titled under RCW Title 46, which has not been previously titled to a retail purchaser, and is not a “used mobile home” as defined in RCW 82.45.032(2).

“Manufactured/mobile home” means a structure designed and constructed to be transportable in one or more sections, and is built on a permanent chassis, and designed to be used as a dwelling unit with or without a permanent foundation, when connected to the required utilities that include plumbing, heating and electrical systems contained therein. The structure must comply with the National Mobile Home Construction and Safety Standards Act of 1974 as adopted by Chapter 43.22 RCW if applicable. “Manufactured home” does not include a modular home. A structure which met the definition of mobile home at the time of manufacture is still considered to meet this definition notwithstanding that it is no longer transportable. The term does not include a recreational vehicle.

“Manufactured/mobile home park” means a group of two or more manufactured/mobile homes contained on a single parcel of property at least two acres in size, under unified control or ownership.

“Marijuana” means all parts of the plant Cannabis, whether growing or not, with a 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.

“Marijuana-infused products” means products that contain marijuana or marijuana extracts and are intended for human use. The term “marijuana-infused products” does not include useable marijuana.

“Marijuana processor” means a person or entity that complies with Chapter 69.50 RCW and Chapter 314-55 WAC, and is issued a license by the Washington State Liquor and Cannabis Board1 to process marijuana into useable marijuana and marijuana-infused products, package and label useable marijuana and marijuana-infused products for sale in retail outlets, and sell useable marijuana and marijuana-infused products at wholesale to marijuana retailers.

“Marijuana producer” means a person or entity that complies with Chapter 69.50 RCW and Chapter 314-55 WAC, and is issued a license by the Washington State Liquor and Cannabis Board1 to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.

“Marijuana retailer” means a person or entity that complies with Chapter 69.50 RCW and Chapter 314-55 WAC, and is issued a license by the Washington State Liquor and Cannabis Board1 to sell useable marijuana and marijuana-infused products in a retail outlet.

“May” is permissive, not mandatory.

“Methadone clinic” means a medical provider that has been certified by the state to administer methadone to patients in an outpatient capacity as part of an opiate substitution treatment program.

“Mixed-use development” means a tract of land, building or structure with a variety of complementary and integrated uses, such as, but not limited to, residential, office, manufacturing, retail, public or entertainment, in a compact urban form.

“Mixed-use structure” is a single structure containing at least two complementary, integrated, or mutually supporting uses (such as housing, offices, manufacturing, retail, public service, or entertainment). The structure must achieve physical and functional integration within itself.

“Motor vehicle” means a self-propelled device used or intended to be used for the transportation of freight or passengers upon a street or highway, excepting a device moved by human power or a device used exclusively upon stationary rails or tracks.

“Municipal code” means the municipal code of the city.

“Nonconforming building” means an existing building lawfully erected and maintained which does not conform to the density, coverage, height, setback or other requirements of the applicable zoning classification, either as of the effective date of the ordinance codified in this title, or as a result of prior or subsequent ordinances which make such building nonconforming.

“Nonconforming lot” means an existing lot lawfully established and maintained which does not conform to the area, street frontage, width or depth requirements of the applicable zoning classifications, either as of the effective date of the ordinance codified in this title, or as a result of prior or subsequent ordinances which made such lot nonconforming.

“Nonconforming use” means an existing use lawfully established and continued which is not listed as a permitted use in the applicable zone classifications, either as of the effective date of the ordinance codified in this title, or as a result of prior or subsequent ordinances which make such use nonconforming.

“Nursing home” means any home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in excess of 24 consecutive hours for three or more patients not related by blood or marriage to the operator. This definition shall not be construed to include general hospitals or other places which provide care and treatment for the acutely sick and maintain and operate facilities for major surgery.

“Off-street parking space” means an area of land, not located on public right-of-way that is reserved exclusively for the purpose of motor vehicle parking.

“Open record hearing” means a hearing, conducted by the hearing examiner, that creates the city’s record through testimony and submission of evidence and information, under the procedures described under Chapter 2.54 PMC and elsewhere in this code. An open record hearing may be held on an appeal if no open record hearing has been held on the project permit.

“Open space, common” means land available for recreational, park or environmental amenity for collective enjoyment by occupants of the development.

(1) Common open space shall not include public or private streets, driveways, parking areas, storage, or utility/trash service areas.

(2) In projects consisting of six or fewer dwelling units, common open space may include the required yards for buildings or structures. For all projects larger than six dwelling units, common open space shall be separate from private open space.

(3) Common open space may include land occupied by noncommercial recreational buildings or structures serving residents of the project site area.

(4) Common open space shall be landscaped. All required landscaping shall be maintained in a neat and healthy condition.

(5) Common open space may include environmentally critical areas and buffers; however, at least five percent of the net lot area shall be devoted to amenity areas for active use by residents of site units.

(6) Common open space may contain structures or improvements as are necessary and appropriate for the out-of-doors enjoyment of residents of the development.

(7) Safe age-appropriate amenities shall be provided in common open space for the provision of play and other activities corresponding to the needs of the intended resident types (e.g., full spectrum of age groups and household types, family housing, special needs housing for elderly or handicapped, housing for singles and couples).

“Open space, private” means a yard, garden, patio, or balcony that is attached or directly accessible to each dwelling unit and provided with vegetative screening, berms or structural screening to achieve a degree of vertical closure of the space and to obstruct the view from common open space or public rights-of-way. Required private open space attached to ground floor dwelling units open space shall be landscaped. All required landscaping shall be maintained in a neat and healthy condition.

“Outdoor storage” means the storage of any product, material, vehicle, equipment, junk or scrap outside the confines of an enclosed building or structure, and more specifically defined as:

(1) Merchandise Display. Display of products and materials, and operable vehicles and equipment, for the principal purpose of offering for sale at retail, and incidental to the business existing on the premises:

(a) Complete Merchandise. Merchandise which is assembled and functional in its displayed form including operable vehicles and equipment, structures, plants, etc.; and

(b) Component Merchandise. Merchandise which is not assembled and functional in its displayed form including building and landscaping materials, auto parts, etc.;

(2) Equipment and Material Storage. Storage of any equipment or materials in usable condition which are not being specifically displayed as merchandise or offered for sale at retail; and

(3) Junk and Scrap Storage. Storage of used products or scrap materials such as wood, cloth, paper, glass, metal, plastic, or rock material which could be refurbished, recycled, or converted into usable stock or material.

“Owner” means the holder of the fee title to property, whether a person, partnership, corporation or other entity recognized by law, and his or its lessees, permittees, assignees or successors in interest.

“Parcel” means a contiguous quantity of land in the possession of, owned by, controlled by, or recorded as the property of the same owner or joint owners.

“Pedestrian-oriented development” means a public or private project that is designed to provide priority to pedestrian and nonmotorized transportation mobility. Pedestrian-oriented projects are designed to ensure safety and accessibility for all users, ensure comprehensive connections to other facilities/destinations are provided, ensure easily identifiable, safe and weather-protected corridors are present, ensure that the pedestrian environment is a place for various activities as well as provide a counterbalance to the dominant mode of automobile transportation. Pedestrian orientation can also relate to the scale of buildings in relation to the adjacent walking environment.

“Pedestrian-oriented plaza space” means an area opening to public sidewalk consisting of paver treatment, seating area, and optionally public art, water features, trash receptacles, bicycle racks, landscaping and lighting.

“People with functional disabilities” means persons who, because of a recognized chronic physical or mental condition or disease, are functionally disabled to the extent of:

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

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

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

(4) Having a record of having or being regarded as having such an impairment;

provided, that such term does not include current, illegal use of or active addition to a controlled substance.

“Plaza” means, for the purposes of the plaza requirements applicable to the downtown planned action area, an open space that is accessible to the public at all times, predominantly open to the sky, and for use principally by people, as opposed to merely a setting for the building.

“Premises” means any portion of any parcel or any building or structure contained thereon.

“Private road or easement” means a parcel of land not dedicated as a public street but intersecting or connecting with a public street, or another private street, and for which a private easement for road purposes has been granted to owners of property contiguous or adjacent thereto and which has been recorded with the office of the county recorder.

“Professional offices and services” means a use that provides services for individuals, in contrast to sales or services of objects, or an office for business, professional, educational or government use. The service or office may be public or private, profit or nonprofit. Typical uses include barber and beauty shops, financial institutions, insurance stockbrokers, clinics, governmental, business or medical offices, including architects, lawyers, real estate or travel agents.

“Project” means a development with the necessary site improvements on a particular parcel of land.

“Project permit” or “project permit application” means any land use or environmental permit or license required by the city for a project action, including, but not limited to, building permits, subdivisions, binding site plans, planned developments, conditional use permits, variances, shoreline substantial development permits, clearing and grading permits, storm water permits, flood zone permits, permits required by the critical areas ordinance, and site-specific rezones authorized by the comprehensive plan. The term does not include the adoption or amendment of the comprehensive plan or development regulations.

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

“Public service use” means a use involving government or community function or public service or utility. Typical uses include emergency service (ambulance or rescue), public parking lots (but not garages), emergency service facilities, major regional utility corridors (large transmission lines, underground pipelines) which affect greater than a 40-foot-wide swath of surface land, and public parks and open spaces.

“Public way” means any street, alley, pedestrian way, channel, viaduct, subway, tunnel, bridge, easement, right-of-way or other way in which the public has a right of use.

“Recreational vehicle” means a travel trailer, camper, motorized home, boat, boat trailer, dune buggy, or similar motorized or towed vehicle intended solely for recreational purposes.

“Recreational vehicle park” means a road service use that provides space for temporary occupancy of a recreational vehicle.

“Regional shopping center” means a development complex consisting of at least 500,000 square feet of enclosed leasable space.

“Residential care facility” means housing used for the care of persons with functional disabilities as defined herein, licensed by the state of Washington, that has not been licensed as an adult family home pursuant to RCW 70.128.175.

“Residential treatment facility” means a residential building that is licensed by the state to provide residential and domiciliary care to five or more individuals, or to provide rehabilitative treatment or services to individuals. Residential treatment facilities generally provide a limited-term living arrangement for their residents in a family-like setting. Such facilities also provide rehabilitative services other than basic living skills training, often intended to provide residents with the future ability to live independently. Such facilities may provide medical treatment as an integral part of a rehabilitative program.

“Retirement apartments” means a multiple-family dwelling or a development consisting of multiple dwellings in more than one structure intended solely for occupancy by senior citizens or handicapped persons. Retirement apartments may contain communal recreation and dining facilities, and may contain accessory administrative offices and one dwelling unit for occupancy by the apartment manager and his or her immediate family.

“Right-of-way” means an area of land reserved for public or private road, railroad, utility, or other access purposes.

“Road service use” means a highway-oriented use catering to the needs and convenience of motor vehicle operators. Typical uses include motor vehicle sales, rental, storage, service and/or repair, body shops, automotive detailing, gasoline or diesel service stations, electric vehicle battery exchange stations and rapid charging stations, recreational vehicle parks, and, when not part of a commercial center or business park, taverns, fast-food restaurants, and convenience markets. Such uses often involve outdoor storage as an integral but not predominant element of the use, as in the case of a retail building supply center, and often generate higher volumes of traffic than general commercial uses.

“Roadway” means that portion of a right-of-way for a street, highway or alley designed or used for accommodating the movement of vehicles.

“Roof form” means one or more roof types used in a structure, including but not limited to: gable end, gable side, gabled “L,” hip, gambrel, shed, mansard, flat, and dormers.

“Roofline” means the highest horizontal line, typically the ridge line, of the roof formed by the intersection of two roof surfaces for pitched roofs and the intersection of the roofline and building edge for a flat roof.

“Roof pitch” means the angle of slope of a roof expressed as a ratio of vertical distance to 12 units of horizontal distance.

“Screening” means an arrangement of natural or manmade materials installed for the purpose of concealing a specific area from view. The term includes, but is not necessarily limited to, solid walls and fencing or dense hedges and landscaping.

“Senior citizen” means an individual of 55 years of age or older. For the purposes of this code, spouses younger than 55 years of age may be permitted within retirement apartments or senior housing complexes.

“Senior housing complex” means a planned residential community, with occupancy restricted to senior citizens, which includes more than one of the following living arrangements:

(1) Detached single-family or duplex dwellings;

(2) Retirement apartments;

(3) Congregate living facilities; and/or

(4) Nursing homes.

“Setback line” means a line which defines the front, rear or side yard as required by this title, other than a property line, between which line and the property line no building, structure, or portion thereof shall be permitted, erected, constructed, or placed unless specifically permitted by this title. Light standards and flag or utility poles which otherwise meet structural height limits for their respective zone districts and sight distance requirements shall not be considered structures for purposes of enforcing setbacks.

“Shall” is mandatory.

“Shipping container” means a unit originally or specifically used or designed to store goods or merchandise during shipping or hauling by container ships and/or vehicles.

“Sign” means any word, letter, placard, board, notice, logo, insignia, flag, banner or other device used to communicate information to any person.

“Site” means any parcel or combination of contiguous parcels, or right-of-way or combination of contiguous rights-of-way, under an individual’s ownership or control.

“Small farm animal” means varieties of small animals used in urban agricultural activities for production of food, their products, or use such as domestic fowl, rabbits, miniature goats, and beekeeping.

“Storm water” means runoff during and following precipitation and snowmelt events, including surface runoff, drainage or interflow.

“Story” means that portion of a building included between the top surface of any floor and the top surface of the floor next above it, not to exceed 14 feet in vertical height, except where expressly allowed by zone development standards.

“Street” means a thoroughfare dedicated or deeded, and accepted for public uses and/or which affords primary means of vehicular access to abutting property, including boulevard, avenue, place, drive, court, lane or other thoroughfare dedicated to such public travel. “Street” shall not include an alley or walk as defined herein, except that where lots have been recorded which abut only on an alley or walk, said alley or walk shall be construed to be a street.

“Street frontage” means the distance measured along a property line of a lot or parcel where said property line separates the lot or parcel from a street right-of-way. In case of a curved front lot line, the street frontage shall be the length of the chord of the curve.

“Structural alterations” means any change in the supporting members of a building such as foundations, bearing walls, column beams, floor or roof joists, girders or rafters.

“Structure” means anything constructed or erected which requires location on or in the ground or attachment to something having a location on or in the ground. “Structure” shall include any kind of building, porch, pier, column, post, sign, or billboard.

“Townhouse” means multiple-family units that are separated from any other unit by one or more vertical common wall and no unit is located over another unit.

“Traditional street system orientation” means the location of buildings organized according to discernible blocks and facing a continuous paved surface.

“Transit-oriented development (TOD)” is a mixed-use residential or commercial area designed to maximize access to public transport and often incorporates features to encourage transit ridership, such as limited parking areas to limit the ease of using private automobiles to access transit-oriented areas. A TOD neighborhood typically has a center with a transit station or stop (train station, metro station, tram stop, or bus stop), surrounded by relatively high-density development with progressively lower-density development spreading outwards from the center. TODs generally are located within a radius of one-quarter to one-half mile from a transit stop, as this is considered to be an appropriate scale for pedestrians.

“Urban agriculture” means and includes a range of agricultural activities at various intensities. Agricultural activities falling under this definition include both “horticulture” and “limited animal husbandry” uses. Urban agriculture is permitted under limitations considering compatibility with other land uses in the context of the urban environment and associated land use/zoning designations.

“Use” means the purpose for which land or structures are arranged, designed or intended, or for which land or structures are, or may be occupied or maintained. “Use” includes construction, establishment, maintenance, alteration, moving onto, enlargement, operation or occupancy.

“Use, conditionally permitted” means a use for which a conditional use permit is required pursuant to the provisions of this title.

“Use, principal or primary” means the main or primary purpose for which a structure or lot is designed, arranged or intended, or for which either may be used, occupied or maintained under the provisions of this title.

“Use, temporary” means a use of land or structure not intended to be of permanent duration, as regulated by Chapter 20.70 PMC.

“Variance” means a modification of the specific regulations of this title granted by the board of adjustment in accordance with the terms of Chapter 20.85 PMC.

“Veterinary clinic” means any establishment or premises operated under the supervision of a duly licensed veterinarian for surgical or medical treatment of domestic animals and pets.

“Yard” means an open space on a lot, unoccupied by any structure, except as otherwise provided in this title, and located on the same lot with the building or use which it serves.

“Yard, front” means a yard extending between the side lot lines across the full width of the lot and lying between the front lot line and a parallel setback line having a perpendicular distance from said front lot line equal to the prescribed front yard setback in the property development standards for the zone classification in which the lot is located. When a lot lies partially within a planned street indicated on a precise plan for such a street, the depth of the front yard shall be measured from the contiguous edge of such planned street right-of-way in the manner prescribed by this title.

“Yard, interior side” means a yard extending between the front and rear lot lines along the full length of the lot and lying between the side lot line that does not abut a public way and a parallel setback line having a perpendicular distance from said interior side lot line equal to the prescribed interior side yard setback in the property development standards for the prescribed zone classification in which the lot is located.

“Yard, rear” means a yard extending between the side lot lines across the full width of the lot and lying between the rear lot line and a parallel setback line having a perpendicular distance from said rear lot line equal to the prescribed rear yard setback in the property development standards for the zone classification in which the lot is located.

“Yard, street side” means a yard extending between the front and rear lot lines along the full length of the lot and lying between the side lot line that abuts a public way, excluding alleys, and parallel setback line having a perpendicular distance from said street side lot line equal to the prescribed street side yard setback in the property development standards for the prescribed zone classification in which the lot is located.

“Zero lot line” means the location of a building on a lot in such a manner than one or more of the building’s sides rests directly on a lot line.

“Zoning map” means the designated official map or maps which show the location and boundaries of the zone districts established by this title which are referred to as the “zoning map” and incorporated as part of this title. Said “zoning map,” together with everything shown thereon and all amendments thereto, are as much a part of this title as if fully set forth and described in context. (Ord. 3172 § 1, 2018; Ord. 3156 § 1, 2017; Ord. 3130 § 1 (Exh. A), 2016; Ord. 3119 § 12, 2016; Ord. 3118 § 2, 2016; Ord. 3080 § 3, 2014; Ord. 3073 § 4, 2014; Ord. 3051 §§ 6, 7, 2013; Ord. 2980 §§ 2 – 8, 2011; Ord. 2954 § 8, 2010; Ord. 2851 § 2, 2006; Ord. 2828 § 1, 2005; Ord. 2826 § 4, 2005; Ord. 2783 § 3, 2004; Ord. 2754 § 3, 2003; Ord. 2704 § 1, 2001; Ord. 2680 § 1, 2001; Ord. 2541 § 1, 1998; Ord. 2527 § 1, 1997; Ord. 2525 § 1, 1997; Ord. 2518 § 1, 1997; Ord. 2510 § 1, 1997; Ord. 2487 § 1(Att. A § 2), 1996; Ord. 2478 § 1, 1996; Ord. 2468 § 1, 1996; Ord. 2454 § 1, 1995; Ord. 2410 § 1, 1994; Ord. 2393 § 1, 1994; Ord. 2346 § 1(3), 1993; Ord. 2316 § 1, 1992; Ord. 2268 § 31, 1991; Ord. 2165 § 1, 1988; Ord. 2147 Exh. A, 1987).


1

Code reviser’s note: Ord. 3119 referred to this board as the “Liquor Control Board.” The name has been updated to reflect the current name of the board.