Chapter 17.10
DEFINITIONS

Sections:

17.10.010    General interpretation.

17.10.020    Definitions.

17.10.010 General interpretation.

A. Words and phrases defined in this chapter shall have the meanings set forth herein for purposes of this title. Words and phrases defined in other titles of this code, including uniform codes adopted by reference, shall have the meaning set forth in this code, unless the context clearly indicates to the contrary. Words and phrases not defined in this chapter or elsewhere in this code shall have their usual and customary meanings.

B. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number shall include the singular; and words in the masculine gender shall include the feminine.

C. The word “person” shall include a corporation, partnership, co-partnership, or association as well as an individual.

D. “Shall” is mandatory; and “may” is permissive.

E. The particular always controls the general. (Ord. 1198 § 22 (Exh. D), 2017; Ord. 744 § 2, 1995).

17.10.020 Definitions.

A. “Accessory use” means a use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use.

B. “Accessory dwelling unit” means a dwelling unit on the same lot or in the same building as a single-family dwelling unit which is the principal use of the lot.

C. “Assisted living quarters” means a dwelling unit in a building consisting of two or more units in which various levels of personal assistance are available to residents, and may include support services as deemed necessary such as food preparation and dining areas, group activity areas, medical supervision and similar activities.

D. “Bay window” means a window that extends from the main exterior wall of a residential structure, has sidewalls not more than 60 degrees out of plane with the main exterior wall, is primarily constructed of glazing supported by conventional light framing, and has a width of not more than the lesser of 30 percent of the main exterior wall from which it protrudes or 14 feet.

E. “Bed and breakfast” means a single-family dwelling within which bedrooms are available for paying guests.

F. “Bioretention” means as defined in SMC 15.18.040.

G. “Boarding house” means a single-family dwelling within which roomers or boarders are housed or fed.

H. “Building” means a structure having a roof.

I. “Child day care center” means a day care facility for more than 12 children, not in a provider’s home.

J. “Cluster” means a grouping of dwellings to increase dwelling densities on some portions of the development area in order to leave other portions free of buildings.

K. “Co-housing” means a type of housing development which originated in Denmark in the early 1970s, in which units are individually owned, but meeting and dining facilities are shared. Co-housing communities place an emphasis on resident participation in planning and design, intentional neighborhood design, shared community facilities and self management.

L. “Collective garden” means a collective garden for the purpose of producing, processing, transporting, and/or delivering cannabis for medical and/or recreational use, as further defined in RCW 69.51A.085.

M. “Commercial service” means a business primarily characterized by the rendering of nonprofessional services to the general public and includes, by way of illustration, real estate, insurance, finance and securities investments, laundromats, dry cleaners, mailing/shipping services, diet and fitness centers, and appliance or small machine repair (excluding automotive).

N. “Corporate offices” means establishments primarily engaged in providing internal office administration or service to other companies as opposed to services to the general public. Corporate office uses include, by way of illustration, business headquarters or administration, call centers, research offices, and professional services of a large scale. Generally, the majority of the traffic generated from a corporate office comes from its employees and not the general public.

O. “Convenience store” means a retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who typically purchase only a few items.

P. “Data center” means a facility used to house computer systems and associated components, such as telecommunications and storage systems for the storage, management and dissemination of data, generally including redundant or backup power supplies, redundant data communications connections, environmental controls (e.g., air conditioning, fire suppression) and various security devices. Large data centers can be industrial scale operations that have large electricity requirements and can be a source of air pollution from diesel exhaust.

Q. “Day care facilities” means establishments for group care of nonresident adults or children, including day care centers and family day care homes.

R. “Designated manufactured home” means a double-wide manufactured home constructed after June 15, 1976, with a pitched roof and exterior siding similar to site-built homes, and placed on a permanent foundation.

S. “Development” means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance, and any extension of the use of land.

T. “Diameter at breast height (DBH)” means the diameter of a tree trunk measured at four and one-half feet above grade.

U. “Director” means the director of community development, or equivalent position.

V. “Dispensary” means a person who dispenses marijuana or cannabis for medical use to “qualifying patients” and/or “designated providers” as those terms are defined in RCW 69.51A.010.

W. “Dwelling” or “dwelling unit” means any building or portion of a building which contains complete housekeeping facilities for one family, including provisions for sleeping, eating, cooking and sanitation, physically separated from any other dwelling unit which may be in the same building.

X. “Extended care facilities” means establishments for group care of resident adults that provide nursing and personal care services including medical supervision, counseling, rehabilitation, meal preparation, group activities, and similar activities.

Y. “Family” means one person, or two or more related persons, or not more than five unrelated persons living together as a single housekeeping unit.

Z. “Family day care home” means a day care facility for up to 12 children in a provider’s home, and licensed by the state.

AA. “Formula take-out food restaurant” means a restaurant or establishment that (1) is required to offer standardized menus, ingredients and interior or exterior design; and (2) serves or delivers its food or beverages in disposable containers.

BB. “Front yard” means the yard bordering on a street, and in the case of a corner lot may be either frontage.

CC. “Garden window” means factory assembled glazing in a frame of vinyl, aluminum or similar material, extends no closer than 36 inches to the floor below, and otherwise meets the size requirements for a bay window.

DD. “Gross floor area” means the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

EE. “Ground cover” means grass, forbs, shrubs, and trees less than four inches DBH.

FF. “Heavy/resource based industrial” means establishments engaged in the mechanical or chemical transformation of natural resource raw materials, substances or components into new products, where such processing may use heavy equipment or machinery, involves outdoor activities, produces environmental disturbances including but not limited to noise, dust, smoke, fumes, vibration or glare, may involve the use, storage, production, transport or discharge of polluting or hazardous wastes or by-products, and typically involves outdoor storage of materials, products and equipment.

GG. “Height” as applied to a building or structure means the vertical distance measured from the average elevation of the proposed finished grade around the building or structure to the highest point of a flat roof and to the mean height between eaves and ridge of a peaked roof.

HH. “Heritage tree” means a tree designated by the city council as significant because of association with historic figures or events, rarity, extraordinary aesthetic value, or provision of exemplary habitat and cultural value due to age and species.

II. “Home occupation” means a business or professional use carried on in a dwelling by a member of a family residing in the dwelling which is incidental to the use of the premises as a dwelling.

JJ. “Hotel” means a building or portion of a building for the transient rental of units for sleeping purposes, with individual toilet facilities, and which may include dining, conference and meeting rooms and accessory shops and services catering to the general public.

KK. “Light industrial/manufacturing” means establishments engaged in the mechanical or chemical transformation of materials, substances or components into new products, when such processing is carried on indoors, produces minimal environmental disturbances including but not limited to noise, dust, smoke, fumes, vibration or glare, does not involve the use, storage, production, transport or discharge of polluting or hazardous wastes or byproducts, and does not involve outdoor storage of materials or products.

LL. “Lot” means a fractional part of subdivided lands having fixed boundaries and includes tracts or parcels.

MM. “Lot lines” means the property boundaries of a lot.

NN. “Low impact development (LID)” means as defined in SMC 15.18.040.

OO. “Low impact development best management practices (LID BMPs)” means as defined in SMC 15.18.040.

PP. “Manufactured home” means a building or portion of a building, designed for long-term residential use, manufactured off site, transported whole or in portions to a lot.

QQ. “Marijuana” or “cannabis” 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.

RR. “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.

SS. “Marijuana processor” means a person licensed by the State Liquor and Cannabis Board 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.

TT. “Marijuana producer” means a person licensed by the State Liquor and Cannabis Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.

UU. “Marijuana retailer” means a person licensed by the State Liquor and Cannabis Board to sell useable marijuana and marijuana-infused products in a retail outlet.

VV. “Mobile home” means a manufactured dwelling unit built upon a chassis, which may or may not be placed on a permanent foundation.

WW. “Modular home” means a structure or part of a structure capable of being transported from the place of fabrication to the site on which it is to be erected, where it is placed on a permanent foundation which, together with the assembled structure, meets all the provisions of the Uniform Building Code for dwelling units.

XX. “Motel” is a building or buildings, detached or in connected units, which are used for sleeping purposes, with individual toilet facilities, which may or may not have kitchen facilities, designed primarily for the accommodation of automobile travelers.

YY. “Multiple-family” or “multifamily” means a building containing two or more dwelling units.

ZZ. “Native vegetation” means vegetation comprised of plant species, other than noxious weeds, which are indigenous to the Pacific Northwest Puget Sound Region and which reasonably could have been expected to naturally occur on the site.

AAA. “Neighborhood retail” means pedestrian-oriented retail sales or service businesses limited in intensity, built in scale with and located to serve primarily the immediately surrounding neighborhood.

BBB. “Noxious weeds” means as defined in SMC 15.20.020.

CCC. “Parcel” means a discrete quantity of land of any size which may be lawfully conveyed separately, which may or may not be subdivided or improved.

DDD. “Permeable pavement” means as defined in SMC 15.18.040.

EEE. “Permitted use” means any use authorized alone or in conjunction with any other use in a specified district.

FFF. “Premises” means any building, structure, lot, parcel or tract.

GGG. “Principal use” or “primary use” means the use for which a lot, structure or building, or the major portion thereof, is designed or actually employed.

HHH. “Professional services” means businesses that provide services of a professional nature to clients either on or off site. Professional services include, by way of illustration, advertising, architecture, landscape architecture, engineering, planning, law, medicine, dentistry, optometry, massage, chiropractic, accounting, and any similar type of business.

III. “Rear yard” means the yard bordering the rear property line, which is the nonfrontage lot line that connects side lot lines.

JJJ. “Recreation space” means covered and uncovered space designed and intended for active or passive recreational activity, including but not limited to sports facilities, playgrounds or wooded areas, and excluding driveways, parking areas and rockeries.

KKK. “Retail outlet” means a location licensed by the State Liquor and Cannabis Board for the retail sale of useable marijuana and marijuana-infused products.

LLL. “Retail sales” means businesses characterized by the sale of tangible goods directly to consumers.

MMM. “Retail services” means businesses characterized by personal services to the general public that typically also have a retail component. Retail services include, by way of illustration, barber, beauty, or nail salons, shoe repair, photo shops, and copy shops. Retail services do not include the sales, servicing, repair, or storage of motor vehicles.

NNN. “Setback” means the distance buildings, structures or uses must be removed from a lot line, and in the case of a building, is measured from a property boundary to a building’s closest vertical wall.

OOO. “Shell building” means a building intended to be divided into an unknown number of units.

PPP. “Shelters for temporary placement” means housing units within the city that provide housing to persons on a temporary basis for a duration not to exceed four weeks.

QQQ. “Side yard” means the yard adjacent interior lot lines other than the rear lot line.

RRR. “Significant tree” means any evergreen tree of at least 15 inches DBH, and any deciduous tree, other than red alder and cottonwood trees, at least 12 inches DBH. Red alder and cottonwood trees of any size are not considered significant trees.

SSS. “Single-family” means a detached dwelling unit, other than a mobile home, containing one dwelling unit.

TTT. “Special needs housing” means housing that is provided for persons and, where applicable, their dependents who, by virtue of disability or other personal factors, face impediments to independent living and who require special assistance and services in order to sustain appropriate housing on a permanent, long-term or transitional basis. Special needs housing includes shelters for temporary placement, transitional housing facilities and group homes, for up to six residents in care, that function as a single housekeeping unit and provide supportive services, including but not limited to counseling, rehabilitation and medical supervision.

UUU. “Specialty light industrial/manufacturing” means a small-scale light industrial/manufacturing business under 10,000 square feet in total floor area whose products are of an art/craft or specialty food or beverage nature, which contains a storefront retail sales component which is open during normal retail business hours for the zoning district, and may provide an opportunity for customers or the general public to observe the product fabrication or manufacturing process. Specialty light industrial/manufacturing uses include, by way of illustration, microbreweries, coffee roasters, candy makers, and pottery, glassblowing and jewelry-making studios and any similar type of business.

VVV. “Structure” means that which is built or constructed, including any piece of work artificially built up or composed of parts joined together in some definite manner and having a permanent location on the ground.

WWW. “Transitional housing facilities” means housing units within the city 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.

XXX. “Two-track driveway” means as defined in Chapter 12.16 SMC.

YYY. “Use” means the nature of the occupancy, the type of activity, or the character and form of improvements to which land is devoted or may be devoted.

ZZZ. “Useable marijuana” means dried marijuana flowers. The term “useable marijuana” does not include marijuana-infused products.

AAAA. “Vegetated roof” means a pervious growing medium, plants, and a moisture barrier constructed on top of a conventional flat roof or a sloped roof.

BBBB. “Width,” when referring to the width of a lot, means the mean horizontal distance between the side lot lines.

CCCC. “Yard” means the area between a lot line and a building or structure. (Ord. 1198 § 22 (Exh. D), 2017; Ord. 1171 § 4, 2016; Ord. 1128 § 1, 2014; Ord. 1066 § 2, 2010; Ord. 980 § 1, 2005; Ord. 901 § 1, 2002; Ord. 744 § 2, 1995).