Chapter 21.11
TECHNICAL TERMS AND LAND USE DEFINITIONS

Sections:

21.11.010    Scope of chapter.

21.11.020    Purpose.

21.11.030    A.

21.11.040    B.

21.11.050    C.

21.11.060    D.

21.11.070    E.

21.11.080    F.

21.11.090    G.

21.11.100    H.

21.11.110    I.

21.11.120    J.

21.11.130    K.

21.11.140    L.

21.11.150    M.

21.11.160    N.

21.11.170    O.

21.11.180    P.

21.11.190    Q.

21.11.200    R.

21.11.210    S.

21.11.220    T.

21.11.230    U.

21.11.240    V.

21.11.250    W.

21.11.260    Y.

21.11.270    Z.

21.11.010 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 21.21 WMC, Permitted Uses. See Chapter 21.10 WMC, Authority, Purpose, Interpretation and Administration, for rules on interpretation of the code, including use of these definitions. Development standards are found in Chapters 21.22 through 21.37 WMC. (Ord. 611 § 8 (Att. A), 2016)

21.11.020 Purpose.

The purpose of this chapter is to set forth the meanings of words and phrases used in this title. (Ord. 611 § 8 (Att. A), 2016)

21.11.030 A.

“Abutting, adjoining” means to touch along a border or bounding at a point or line.

“Access” means ingress and egress to and from premises. This also means access to public way and general road system.

“Access corridor” means a vehicle circulation area in private ownership, including easements, tracts and driveways in common ownership, over which access is afforded to more than one lot, or which serves more than 30 dwelling units in a multifamily development. Driveways serving a group of less than 30 dwelling units in multifamily developments shall not be considered access corridors.

“Accessible electric vehicle charging station” means 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.

“Accessory living quarters” means 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 as defined in the International Building Code and are not otherwise used as a separate dwelling unit.

“Accessory use, commercial/industrial” means:

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

(a) Administrative offices, not to exceed 49 percent of gross floor area (in industrial uses);

(b) Employee exercise facilities;

(c) Employee food service facilities;

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

(e) Business owner or caretaker residence;

(f) Cogeneration facilities;

(g) Ground maintenance facilities; and

(h) Retail area is limited to 10 percent of the gross floor area, not to exceed 3,000 square feet regardless of gross floor area of the principal manufacturing use.

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

“Accessory use, residential” means:

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

(a) Accessory living quarters and dwellings;

(b) Fallout/bomb shelters;

(c) Keeping household pets;

(d) On-site rental office;

(e) Pools, private docks, piers;

(f) Antennas for private telecommunication services;

(g) Storage of yard maintenance equipment; or

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

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

“Accessory use, resource” means:

(1) A use, structure, or part of a structure which is customarily subordinate and incidental to a resource use including, but not limited to, the following uses:

(a) Housing of agricultural workers; or

(b) Storage of agricultural products or equipment used on site.

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

“Active use” means an establishment authorized by the zone that promotes high foot traffic and engages in any of the following:

(1) Retail sale of goods and services to an individual consumer for their own use including but not limited to soft and durable goods and services, grocery, food and beverage, health and personal care products, cut flowers and potted plants, and other activities involving retail sales;

(2) Personal care services that provide appearance and body care to individuals such as barber and beauty shops, skin and nail care, tanning, health spas, massage and similar care services;

(3) Pet care services that provide boarding, grooming, training, veterinarian and similar services for pets;

(4) Outpatient healthcare services that provide medicine and dentistry to individuals, excluding hospitals and medical centers and other facilities providing overnight care;

(5) Indoor fitness facilities;

(6) Financial and banking services;

(7) The preservation and exhibition of objects of historical, cultural, creative skills and imagination (art) and/or educational value (e.g., museums and art galleries); and

(8) Professional office space that does not exceed 25 percent of the linear front of the building.

“Adjacent” means property that is located within 300 feet of a property line of a subject property.

“Adult use facility” means an enterprise predominantly involved in the selling, renting or presenting for commercial purposes of books, magazines, motion pictures, films, video cassettes, cable television, live entertainment, performance or activity distinguished or characterized by a predominant emphasis on the depiction, simulation or relation to “specified sexual activities” as defined in this chapter for observation by patrons therein. Examples of such establishments include, but are not limited to, adult book or video stores and establishments offering panoramas, peep shows or topless or nude dancing.

“Agricultural crop sales” means the retail sale of fresh fruits, vegetables and flowers produced on site. This use is frequently found in roadside stands or U-pick establishments and includes uses located in NAICS Major Group and Industry Group Nos.:

(1) 111 – Agricultural production – crops; and

(2) 44523 – Fruit and vegetable markets.

“Agricultural produce” means 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.

“Aircraft, ship and boat building” means the fabrication and/or assembling of aircraft, ships or boats, and including uses located in NAICS Industry Group Nos.:

(1) 33641 – Aerospace, and aircraft product and parts manufacturing;

(2) 541771 – Aircraft research and development in the physical engineering and life sciences;

(3) 48839 – Other support activities for water transportation;

(4) 33661 – Ship and boat building and repairing.

“Airport/heliport” means 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:

(1) Taxiways;

(2) Aircraft storage and tie-down areas;

(3) Hangars;

(4) Servicing; and

(5) Passenger and air freight terminals.

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

Alternative Antenna Support Structure. An “alternative antenna support structure” shall include flat roofs of buildings; bell towers; clock towers; water towers; church steeples; street light standards; traffic light and traffic sign structures; utility poles; and other manmade structures and devices, excluding billboards and commercial signs, that extend vertically from the ground to a sufficient height or elevation to accommodate the attachment of antennas at an altitude or elevation that is required for commercial activity for wireless communications signal transmission and reception.

“Amusement arcades” means a building or part of a building in which five or more pinball machines, video games, or other such player-operator amusement devices (excluding jukeboxes or gambling-related machines) are operated.

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

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

“Antenna” means a specific device, the surface of which is used to transmit and/or receive radio-frequency signals, microwave signals, or other signals transmitted to or from other antennas. For purposes of illustration, such antennas include, but are not limited to, the following:

(1) Omni-directional (or “whip”) antennas, designed to transmit and/or receive signals in a 360-degree pattern;

(2) Directional (or “panel”) antennas, designed to transmit and/or receive signals in a directional pattern which is less than 360 degrees, typically an arc of approximately 120 degrees;

(3) Parabolic (or “dish”) antennas, generally bowl-shaped devices that are designed to transmit and/or receive signals in a specific directional pattern; and

(4) Ancillary antennas that are not directly used to provide wireless communication services, such as a global positioning system (“GPS”) antenna.

“Antenna array” means two or more devices used for the transmission or reception of radio frequency signals, microwave or other signals for personal wireless services purposes and may include omni-directional antennas, directional antennas, parabolic antennas, and ancillary antennas. Two or more antennas situated or mounted upon or attached to a single platform or mounting structure which is affixed or attached to the top of an antenna support structure or midway thereon, or to an alternative antenna support structure, including the roof of a flat-roofed building, are included in the definition of antenna array.

“Antenna support structure” means a structure or device specifically designed, constructed and/or erected for the purpose of attaching, mounting or otherwise affixing antennas at a height, altitude, or elevation for the purpose of providing personal wireless services. For purposes of illustration, antenna support structures include, but are not limited to, the following:

(1) A “lattice tower” is a support structure that consists of metal crossed strips, bars, or braces, forming a tower which may have three, four, or more sides;

(2) A “monopole tower” is a support structure consisting of a single vertical metal, concrete or wooden pole, typically round or square, and driven into the ground or attached to a foundation; and

(3) A “guyed tower” is a support structure usually over 100 feet tall, which consists of metal crossed strips or bars, and is steadied by wire guys in a radial pattern around the tower.

“Applicant” means 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.

“Appropriate provisions” means the adequate and timely provision of public services and facilities to be utilized by the lots of a plat, including roads, access, potable water, sanitary waste, parks and open space, and playgrounds, consistent with level of service standards established by the City of Woodinville Comprehensive Plan.

“Auction house” means an establishment where the property of others is sold by a broker or auctioneer to persons who attend scheduled sales periods or events.

“Auto parts yard” means a tract of land on which used, damaged or otherwise inoperable motor vehicles are stored and disassembled, the parts of which may be sold (wholesale or retail) on site. (Ord. 700 § 1, 2020; Ord. 611 § 8 (Att. A), 2016)

21.11.040 B.

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

“Base flood elevation” means the water surface elevation of the base flood in relation to the National Geodetic Vertical Datum of 1929.

“Basement” means any area of a building having its floor subgrade (below ground level) on all sides. That portion of a building that is partly or entirely below grade and intended as building square footage and used for habitation, storage, or parking.

“Battery charging station” means 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.

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

“Battery exchange station” means a 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.

“Bed and breakfast” means a dwelling unit or accessory building within which bedrooms are available for paying guests.

“Beehive” means a structure designed to contain one colony of honey bees (Apis mellifera).

“Best available science” means 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. Sources of best available science are included in “Citations of Recommended Sources of Best Available Science for Designated and Protecting Critical Areas,” published by the State Office of Community Development.

“Billboard” means 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.

“Billboard face” means 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:

(1) Billboard face I – a billboard face not exceeding a height of 14 feet or a width of 48 feet; and

(2) Billboard face II – a billboard face not exceeding a height of 12 feet or a width of 24 feet.

“Binding site plan” means a drawing to a scale of no smaller than one inch to 100 feet which:

(1) Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations;

(2) Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the City of Woodinville; and

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

“Biologist” means 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.

“Bioretention” means a stormwater best management practice consisting of a shallow landscaped depression designed to temporarily store and promote infiltration of stormwater runoff. Standards for bioretention design, including soil mix, plants, storage volume and feasibility criteria, are specified in Appendix C of the King County Surface Water Design Manual.

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

“Book, stationery, video and art supply store” means an establishment engaged in the retail sale of books and magazines, stationery, records and tapes, video and art supplies, including uses located in NAICS Industry Nos.:

(1) 451211 – Book stores;

(2) 45321 – Stationery stores;

(3) 453998 – Limited to art supply and architectural supply stores;

(4) 53223 – Video tape rental;

(5) 45122 – Record and prerecorded tape stores; and

(6) 45114 – Musical instrument stores.

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

“Building” means any structure having a roof.

“Building, hardware and garden materials” means an establishment engaged in selling lumber and other building materials, feed, and lawn and garden supplies, including but not limited to uses located in NAICS Major Group No. 444 – Building materials, hardware, garden supply.

“Building coverage” means area of a lot that is covered by the total horizontal surface area of the roof of a building.

“Building envelope” means area of a lot that delineates the limits of where a building may be placed on the lot.

“Building facade” means 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, for the entire width of the building elevation.

“Building footprint” means portion of a building, measured from the exterior of the exterior walls that covers the ground, including cantilevered portions of the building, but excluding roof overhangs.

“Building Official” means the officer or other designated authority charged with the administration and enforcement of construction codes.

“Bulk retail” means an establishment offering the sale of bulk goods to the general public, including limited sales to wholesale customers. These establishments may include a variety of lines of merchandise such as food, building, hardware and garden materials, dry goods, apparel and accessories, home furnishings, housewares, drugs, auto supplies, hobby, toys, games, photographic, and electronics. (Ord. 634 § 22, 2016; Ord. 622 § 2, 2016; Ord. 611 § 8 (Att. A), 2016)

21.11.050 C.

“Calculated LOS” means 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.

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

“Campground” means 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.

“Cannabis” means all parts of the plant cannabis, whether growing or not; 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. For the purposes of this definition, “cannabis” 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. The term “cannabis” includes cannabis products and usable cannabis.

“Cannabis collective garden” means a garden where “qualifying patients” as described in Section 403 of Engrossed Second Substitute Senate Bill 5073 and Chapter 181, Laws (of the State of Washington) of 2011 may engage in the production, processing, and/or delivery of cannabis for medical use.

“Cannabis dispensary” means any facility or location where cannabis is grown, produced, manufactured or made available to and/or distributed.

“Canopy” means the percentage of the City or a site’s area that is shaded by trees.

“Capacity, school” means 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.

“Capital facilities plan, school” means a district’s facilities plan adopted by the school board consisting of:

(1) A forecast of future needs for school facilities based on the district’s enrollment projections;

(2) The long-range construction and capital improvements projects of the district;

(3) The schools under construction or expansion;

(4) The proposed locations and capacities of expanded or new school facilities;

(5) 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;

(6) Any other long-range projects planned by the district;

(7) The current capacity of the 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

(8) An inventory showing the location and capacity of existing school facilities.

“Cattery” means 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.

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

(1) Level 1 is considered slow charging.

(2) Level 2 is considered medium charging.

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

“Church, synagogue or temple” means 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 NAICS Industry No. 81311.

“City Tree Official” means the Development Services Director or his/her designees responsible for implementing the Community Urban Forestry Plan and Regulations. The City Tree Official shall use the expertise of a certified arborist, under contract by the City, for technical advice on decisions related to the community urban forest.

“Civic center” means a building or group of buildings containing administrative offices for the operations of local government that is: (1) owned and operated by the City of Woodinville, and (2) used predominantly for office and meeting space for local government and/or for community activities.

“Classrooms, school” means 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.

“Clearing” means the limbing, pruning, trimming, topping, cutting or removal of vegetation or other organic plant matter by physical, mechanical, chemical or other means.

“Clustered development” means a method of locating residences close to each other on small lots. The purpose of clustering residences is to preserve tracts of open space including critical areas and to limit the location, cost and coverage of land by roads and utilities.

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

“Collectable shop” means an establishment engaged in the selling of used merchandise that is at least 25 years old or older excluding motor vehicles, motor vehicle parts, tires, recreational vehicles (RVs) and mobile homes.

“Co-location” means the common use of a single antenna support structure alternative support structure or by two or more personal wireless service providers.

Communication Facility, Major. “Major communication facility” means a communication facility for transmission and reception of:

(1) UHF and VHF television signals; or

(2) FM or AM radio signals.

Communication Facility, Minor. “Minor communication facility” means an unstaffed facility for the transmission and/or reception of wireless communication services, usually consisting of antennas, equipment enclosures, transmission cables, and a support structure. A “minor communication facility” is used for the transmission and/or reception of:

(1) Two-way and/or citizen band (CB) radio signals;

(2) Point-to-point microwave signals;

(3) Signals through FM radio translators; and

(4) Signals through FM radio boosters under 10 watts effective radiated power (ERP).

“Community center” means a building or other enclosed structure open to the general public that is owned and operated by the City of Woodinville, another public agency, or a nonprofit organization, and that is used predominantly for cultural, educational, recreational, or social purposes.

“Community residential facility (CRF)” means living quarters meeting applicable Federal and State standards that function as a single housekeeping unit and provide supportive services, including but not limited to counseling, rehabilitation and medical supervision, excluding drug and alcohol detoxification; which is classified in WMC 21.21.030 as group residences, if staffed by nonresident staff, each 24 staff hours per day equals one full-time residing staff member. The number of occupants shall not exceed the occupant load of the structure calculated as provided in the 2003 International Building Code, Section 1002, or as hereafter amended.

“Compensatory storage” means 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.

“Concealment” means fully hidden from view. For example, a personal wireless service facility is concealed when it is completely hidden or contained within a structure, such as a building, wall, or roof.

“Conditional use permit” means permit granted by the City to locate a permitted use on a particular property subject to conditions placed on the permitted use to ensure compatibility with nearby land uses in accordance with WMC 21.80.060.

“Condominium” means a type of property ownership consisting of an individual interest in an apartment or commercial building, and an undivided common interest in common areas such as parking area, elevators, etc.

“Conference center” means an establishment developed primarily as a meeting facility; including facilities for recreation and related activities provided for conference participants, excluding overnight lodging.

“Confinement area” means any open land area in which livestock are kept where the forage does not meet the definition of a grazing area.

“Consolidation” means 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.

“Construction cost per student, school” means 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.

“Critical aquifer recharge area (CARA)” means areas that have a critical recharging effect on aquifers used for potable water as described in WAC 365-190-100. Due to soil infiltration conditions of these CARAs, they contribute significantly to the replenishment of ground water, and often have a high potential for contamination of ground water resources.

“Critical areas” means any of those areas in the City of Woodinville which are subject to natural hazards or those land features which support unique, fragile or valuable natural resources including fishes, wildlife and other organisms and their habitat and such resources which carry, hold or purify water in their natural state. Critical areas include critical aquifer recharge areas, geologically sensitive areas, frequently flooded areas, fish and wildlife habitat conservation areas, wetlands, and their associated buffers.

“Critical facility” means 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 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.

“Critical root zone” means the area surrounding a tree at a distance from the trunk, which is equal to one foot for every inch of tree diameter-at-breast-height or otherwise determined by a qualified tree professional.

“Crown” means the area of a tree containing leaf- or needle-bearing branches. (Ord. 611 § 8 (Att. A), 2016)

21.11.060 D.

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

(1) Daycare shall include, but not be limited to, NAICS Industry No. 624411 – Child daycare services, NAICS Industry No. 62412 – Adult daycare centers, and the following:

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

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

(c) Kindergartens or prekindergartens when not a part of a public or private school; and

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

(2) Daycare establishments are subclassified as follows:

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

(b) Daycare II – over 12 adults or children in any 24-hour period.

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

“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plan or short plat showing the dedication thereon; and in the acceptance by the public shall be evidenced by the approval of such plat.

“Department” means the City of Woodinville Department of Community Development.

“Department and variety store” means 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 NAICS Major Group and Industry Nos.:

(1) 452 – General merchandise;

(2) 45322 – Gift, novelty, and souvenir shops; and

(3) 44832 – Luggage and leather goods stores.

“Design standard, school” means 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.

“Destination resort” means 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.

“Developer” means the person or entity who owns or holds purchase options or other development control over property for which development activity is proposed.

“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

“Development activity” means 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.

“Development agreement” means an agreement between the City and a person who owns or controls real property regarding the development, use and mitigation of development of that property.

“Development proposal” means any activities requiring a permit or other approval from the City of Woodinville relative to the use or development of land.

“Development proposal site” means 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 Woodinville to carry out a development proposal.

“Development Services Director” means the Manager of the City of Woodinville’s Development Services Department or his or her designee.

“Diameter-at-breast-height” means tree measurement guideline that is the measure in inches of the trunk diameter of each protected or preserved tree four and one-half feet above the ground line.

“Director” means the City Manager or the person appointed by the City Manager pursuant to WMC 2.09.030 with the powers and duties to administer this title or parts of this title.

“Dormitory” means a residential building that provides sleeping quarters, but not separate dwelling units, and may include common dining, cooking and recreation or bathing facilities.

“Dripline” means the distance from the tree trunk that is equal to the furthest extent of the tree’s crown.

“Driveway” means a vehicle entrance which serves a lot, structure or parking area.

“Drug store” means an establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics and related supplies, including uses located in NAICS Industry Group and Industry Nos.:

(1) 44611 – Drug stores and proprietary stores;

(2) 453991 – Tobacco stores and stands; and

(3) 44612 – Cosmetics stores.

“Dwelling unit” means one or more rooms designed for occupancy by a person or family for living and sleeping purposes, containing kitchen 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 unit, accessory” means a separate, complete dwelling unit attached to or contained within the structure of the primary dwelling; or contained within a separate structure that is accessory to the primary dwelling unit on the premises.

“Dwelling unit, apartment” means a building containing two or more dwelling units which may be stacked on one or more dwellings or nonresidential uses.

“Dwelling unit, duplex” means a building containing two separate, complete, attached dwellings.

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

(1) Food preparation and dining areas;

(2) Group activity areas;

(3) Medical supervision; and

(4) Similar activities.

“Dwelling unit, single detached” means a detached building containing one dwelling unit.

“Dwelling unit, townhome” means 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 that may be located on lot lines. (Ord. 706 § 19, 2020; Ord. 611 § 8 (Att. A), 2016)

21.11.070 E.

“Earth station” means a communication facility which transmits and/or receives signals to and from an orbiting satellite using satellite dish antennas.

“Eaves” means the lower border of a roof that overhangs the wall.

“Effective radiated power” means the product of the antenna power input and the numerical antenna power gain.

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

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

“Electric vehicle charging station” means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with Level 1 or Level 2 charging equipment is permitted outright as an accessory use to any principal use.

“Electric vehicle charging station – restricted” means an electric vehicle charging station that is (1) privately owned and restricted access (e.g., single-family home, executive parking, designated employee parking) or (2) publicly owned and restricted (e.g., fleet parking with no access to the general public).

“Electric vehicle infrastructure” means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.

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

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

“Engineering geologist” means a practicing engineering geologist licensed in the State of Washington.

“Enhancement, critical area” means an action which increases the functions and values of a stream, wetland or other critical area or buffer.

Equipment Enclosure, Wireless Service Facility. “Wireless service facility equipment enclosure” means a small structure, shelter, cabinet, box or vault designed for and used to house and protect the electronic equipment necessary and/or desirable for processing personal wireless service signals and data, including any provisions for air conditioning, ventilation, or auxiliary electric generators.

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

(1) Carryalls;

(2) Graders;

(3) Loading and unloading devices;

(4) Cranes;

(5) Drag lines;

(6) Trench diggers;

(7) Tractors;

(8) Augers;

(9) Bulldozers;

(10) Concrete mixers and conveyers;

(11) Harvesters;

(12) Combines; or

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

“Erosion” means the process by which soil particles are mobilized and transported by natural agents such as wind, rain splash, frost action or surface water flow.

“Erosion hazard areas” means those areas in City of Woodinville 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 Natural Resource Conservation Service (NRCS), 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, any occurrence of river wash (Rh) and 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).

“Essential public facility (EPF)” means a facility that is typically difficult to site, such as airports, State education facilities, State or regional transportation facilities as defined by RCW 47.06.140, State or local correctional facilities, solid waste handling facilities, in-patient facilities, including substance abuse, mental health, or group home facilities, and secure community transition facilities as defined by RCW 71.09.020. The term “essential public facility” includes, but is not necessarily limited to, all facilities referenced in RCW 36.70A.200, all facilities enumerated on the list maintained by the State Office of Financial Management pursuant to RCW 36.70A.200(4), all facilities categorized as essential public facilities in the City’s Comprehensive Plan or this title, and all facilities enumerated on the essential public facility list maintained by the City pursuant to the City’s Comprehensive Plan.

“Essential public facility, local” means an EPF that is owned, operated, or sponsored by the City of Woodinville, a special purpose district, King County (for facilities that do not provide service to the County-wide population), or another unit of local government. An EPF is “sponsored” by a local government when it will be owned or operated by a nongovernmental entity pursuant to a contract with the local government to provide the EPF.

“Essential public facility, regional” means an EPF that is owned, operated, or sponsored by King County or a regional agency whose boundaries encompass the City and which serves a substantial portion of the County-wide population or a geographic area that is greater than the County. An EPF is “sponsored” by the County or a regional agency when it will be owned or operated by a nongovernmental entity pursuant to a contract with the County or regional agency to provide the EPF.

“Essential public facility, State” means an EPF that is owned, operated, or sponsored by the State of Washington, including any department or agency thereof. An EPF is “sponsored” by the State when it will be owned or operated by a nongovernmental entity pursuant to a contract with the State to provide the EPF.

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

“Exotic animal” means any of the following:

(1) Venomous species of snakes capable of inflicting serious physical harm or death to human beings;

(2) Nonhuman primates and prosimians;

(3) Bears;

(4) Nondomesticated species of felines;

(5) Nondomesticated species of canines and their hybrids, including wolf and coyote hybrids; and

(6) The order Crocodilia, including alligators, crocodiles, caimans and gavials. (Ord. 611 § 8 (Att. A), 2016)

21.11.080 F.

“Fabric shop” means an establishment engaged in the retail sale of sewing supplies and accessories, including uses located in NAICS Industry Nos.:

(1) 45113 – Sewing, supply stores; and

(2) Awning shops, banner shops, and flag shops found in 453998.

“Facilities, public” include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, stormwater management systems, sewage disposal systems, parks, and recreation facilities and schools directly controlled by a public authority.

“Fairground” means a site permanently designated and improved for holding a County fair, as provided in Chapters 15.76 and 36.37 RCW, or for holding similar events, including, but not limited to:

(1) Carnivals;

(2) Circuses;

(3) Expositions;

(4) Animal shows; and

(5) Exhibitions and/or demonstrations of farm and home products with accompanying entertainment and amusements.

“Family” means an individual or individuals domiciled together in one dwelling unit whose relationship is of a domestic character and who are cooking and living together as a single housekeeping unit, but the number of individuals occupying the dwelling unit shall not exceed the occupant load of the structure, calculated as provided in the 1994 International Building Code, Section 1002, or as may hereafter be amended.

“FCC” means the Federal Communications Commission.

“Federal Emergency Management Agency (FEMA) floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point. Designation appears as cross-hatched area within the AE zone on FIRM maps.

“Fence” means a barrier for the purpose of enclosing space or separating lots, composed of:

(1) Masonry or concrete walls, excluding retaining walls; or

(2) Wood, metal or concrete posts connected by boards, rails, panels, wire or mesh.

“Final plat” means the final drawing of the subdivision and dedication prepared for filing for record with the King County Department of Records and Elections, and containing all elements and requirements set forth in this title.

“Fish and wildlife habitat conservation areas” means those areas necessary for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created as designated by WAC 365-190-130. These areas include:

(1) Areas with which State or Federally designated endangered, threatened, and sensitive species have a primary association;

(2) State priority habitat and species identified by the Washington State Department of Fish and Wildlife;

(3) Habitat and species of local importance;

(4) Streams and watercourses;

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

(6) Waters of the State, including lakes, rivers, ponds, streams, inland waters, underground waters, and all other surface waters and watercourses within the jurisdiction of the State of Washington;

(7) Areas of rare plant species and high quality ecosystems as identified by the Washington State Department of Natural Resources through the Natural Heritage Program; and

(8) Native growth protection areas and other areas designated by the City.

“Flag” means a piece of cloth of distinctive color or design that is used as a signal, emblem, or symbol of a nation, state, or public or private institution.

“Flood fringe” means that portion of the floodplain outside of the zero-rise floodway which is covered by flood waters during the base flood, generally associated with standing water rather than rapidly flowing water.

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

“Flood insurance study for King County” means the official report provided by the Federal Insurance Administration which includes flood profiles and the flood insurance rate map.

“Flood protection elevation” means an elevation which is one foot above the base flood elevation.

“Floodplain” means the total area subject to inundation by the base flood as defined herein.

“Floodproofing” means 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.

“Floodway, zero-rise” means 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.

“Floor area ratio (FAR)” means the floor area intended for human occupation, exclusive of vehicle parking areas and mechanical areas, divided by the net developable lot area of the development site.

“Florist shop” means an establishment engaged in the retail sale of flowers and plants, including uses located in NAICS Industry Nos.:

(1) 45311 – Florists; and

(2) 453998 – Limited to artificial flowers retail.

“Flush mounted” means attached to the face of the support structure or building such that no portion of the antenna extends above the height of the support structure or building. Where a maximum flush mounting distance is given, that distance shall be measured from the outside edge of the support structure or building to the outside edge of the antenna.

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

(1) Trees;

(2) Wood chips;

(3) Logs;

(4) Fuelwood;

(5) Cones;

(6) Christmas trees;

(7) Berries;

(8) Herbs; or

(9) Mushrooms.

“Forest research” means the performance of scientific studies relating to botany, hydrology, silviculture, biology and other branches of science in relation to management of forest lands, including but not limited to NAICS Industry Nos.:

(1) 54171 – Physical and biological research;

(2) 54171 – Noncommercial research organizations; and

(3) 54171 – Testing laboratories.

“Frequency, radio” means the number of times the current from a given source of non-ionizing 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”).

“Frequently flooded areas” means those areas in the City of Woodinville subject to inundation by the base flood including, but not limited to, streams, lakes, wetlands and closed depressions. Frequently flooded areas shall include the floodplain, flood fringe, zero-rise floodway, and FEMA floodway.

“Furniture and home furnishings store” means an establishment engaged in the retail sale of household furniture and furnishings for the home, including uses located in NAICS Major Group and Industry Nos.:

(1) 442 – Furniture and home furnishings stores; and

(2) 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 443112 and 453998, respectively. (Ord. 611 § 8 (Att. A), 2016)

21.11.090 G.

“General business service” means an establishment engaged in providing services to businesses or individuals, with no outdoor storage or fabrication, including uses located in NAICS Major Group Nos.:

(1) 522 – Depository and nondepository institutions;

(2) 523 – Security and commodity brokers, dealers, exchanges, and services;

(3) 5241 – Insurance carriers;

(4) 531 – Real estate;

(5) 551 – Holding and other investment offices;

(6) 541, 561, 323 – Business services, except Industry Group and Industry No. 54185 – Outdoor advertising services; and

(7) 813 – Membership organizations, including administrative offices of organized religions found in 81311, but excluding churches and places of worship.

“Geologically sensitive areas” are those areas susceptible to erosion, sliding, earthquake, or other geological events. Geologically sensitive areas pose a risk to the health and safety of citizens when incompatible development is located in areas of significant hazard. Geologically sensitive areas shall include erosion hazard, landslide hazard, seismic hazard, and other geologic hazard areas.

“Geologist” means a person licensed as a geologist in the State of Washington.

“Geotechnical engineer” means a practicing geotechnical/civil engineer licensed as a professional civil engineer by the State of Washington.

“Gift shop” means a retail establishment, limited to 3,000 square feet, engaged in the sale of gifts and other small items, such as gift-wrapping materials, greeting cards, and related items.

“Golf facility” means a recreational facility, under public or private ownership, designed and developed primarily for use as a golf course, and may include the following accessory uses:

(1) Pro shops;

(2) Caddy-shack buildings;

(3) Restaurants;

(4) Office and meeting rooms; and

(5) Related storage facilities.

“Grade span, school” means the categories into which a district groups its grades of students; i.e., elementary, middle or junior high school, and high school.

“Grading” means any excavation, filling, removing the duff layer or any combination thereof.

“Grazing area” means any open land area used to pasture livestock in which the forage is maintained over 80 percent of the area at all times of the year.

“Gross square footage” means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walls and from the centerline of division walls, and including basement space, garage space, elevator shafts and stairwells at each floor, mechanical equipment rooms and attic spaces with a headroom of more than seven feet, interior balconies, mezzanines and enclosed porches.

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

“Grove” means a group of three or more significant trees with overlapping or touching crowns. (Ord. 611 § 8 (Att. A), 2016)

21.11.100 H.

“Hard surface” means any impervious surface or permeable pavement.

“Hazard tree” means a tree with a combination of structural defects and/or disease that makes it subject to a high probability of failure; the part with high probability of failure is in proximity to moderate-high frequency of persons or property; and the hazard condition of the tree cannot be lessened with reasonable and proper arboricultural practices nor can the persons or property be moved.

“Hazardous household substance” means a substance as defined in RCW 70.105.010.

“Hazardous materials or substance” means any hazardous waste, hazardous substance, dangerous waste, or extremely hazardous waste that is a physical or health hazard as defined and classified in Chapter 70.105 RCW and Chapter 173-303 WAC, whether the materials are in usable or waste condition.

“Hearing Examiner” means the zoning and subdivision examiner as established by Chapter 2.27 WMC.

“Heavy equipment repair” means the repair and maintenance of self-powered, self-propelled or towed mechanical devices, and equipment and vehicles used for commercial purposes:

(1) Including:

(a) Tandem axle trucks;

(b) Graders;

(c) Backhoes;

(d) Tractor trailers;

(e) Cranes; and

(f) Lifts; but

(2) Excluding:

(a) Automobiles;

(b) Recreational vehicles; and

(c) Boats and their trailers.

Height, Wireless Service Facilities. For personal wireless service facilities, “height” means the vertical distance measured from existing unaltered ground level to the highest point on the communication facility, including the antenna or antenna array.

“Helistop” means 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.

“Heritage tree” means a tree or stand of trees that is particularly desirable because it has valued, unique characteristics that set it apart from other similar trees. Valued, unique characteristics include uncommon genus, species, form, size, location, historic significance or other desirable feature(s).

“Hobby, toy, and game shop” means an establishment engaged in the retail sale of toys, games, hobby and craft kits, including uses located in NAICS Industry Nos.:

(1) 45112 – Hobby, toy and game shops; and

(2) 453998 – Limited to collectors’ items (e.g., autograph, coin, card and stamp shops).

“Home industry” means 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.

“Home occupation” means a limited-scale service or fabrication activity undertaken for financial gain, which occurs in a dwelling unit and is subordinate to the primary use of the premises as a residence.

“Household pets” means small animals that are kept within a dwelling unit.

“Hydroelectric generation facility” means an establishment for the generation of electricity using water sources. (Ord. 634 § 23, 2016; Ord. 611 § 8 (Att. A), 2016; Ord. 589 § 3, 2016)

21.11.110 I.

“Impervious surface” means any nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle including, but not limited to: roof tops, swimming pools, paved or graveled roads or parking areas.

“Improved public right-of-way” means public road rights-of-way that have been improved with at least two travel lanes and are maintained by either City of Woodinville or the State of Washington.

“Individual transportation and taxi” means an establishment engaged in furnishing individual or small group transportation by motor vehicle, including uses located in NAICS Industry Group and Industry Nos.:

(1) 48531 – Taxicabs; and

(2) 48532, 485991, 485999, 48711, 62191 – Local passenger transportation, not elsewhere classified.

“Indoor batting cage facility” means a participant sports or recreational baseball facility within an enclosed structure that is used for baseball training and entertainment purposes where spectators are incidental and not primary to the activities. The facility houses one or more batting cages installed in accordance with the licensed manufacturer’s recommendations and is designed and developed for uses limited to batting practice, pitching practice, and other related baseball skill development activities.

“Indoor go-cart racing facility” means a participant sports or training facility within a fully enclosed structure that is used for training and entertainment purposes where spectators are incidental and not primary to the activities. The facility is designed and developed to accommodate the safe operation of propane, gas, or electric-powered go-carts, with a maximum engine size of 10 horse power, within a defined track.

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

(1) Drop boxes;

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

(3) Collection, separation and shipment of glass, metal, paper or other recyclables to others who will reuse them or use them to manufacture new products. (Ord. 634 § 24, 2016; Ord. 611 § 8 (Att. A), 2016)

21.11.120 J.

“Jail” means a facility operated by a governmental agency, designed, staffed and used for the incarceration of persons for the purposes of punishment, correction and rehabilitation following conviction of an offense. (Ord. 611 § 8 (Att. A), 2016)

21.11.130 K.

“Kennel” means 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. 611 § 8 (Att. A), 2016)

21.11.140 L.

“Land disturbing activities” means any activities that result in a change in the existing soil cover, both vegetative and nonvegetative, and/or the existing soil topography. Land disturbing activities include, but are not limited to, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Land disturbing activity does not include tilling conducted as part of agricultural practices, landscape maintenance, or gardening. Stormwater facility maintenance is not considered land disturbing activity if conducted according to established standards and procedures.

Land Use Decision. This term shall have the meaning provided in RCW 36.70C.020 and shall include, but not be limited to, a final decision by the City approving, granting, issuing or denying an application for any of the following: conditional use permits, home occupation and home industry permits, temporary use permits, special use permits, variances, and any other “project permit” as that term is defined in RCW 36.70B.020(4).

“Landfill” means a disposal site or part of a site at which refuse is deposited.

“Landing field” means 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.

“Landscape coverage” means the area of a site that is covered by live vegetative material and topsoils, or vegetated stormwater facilities, including, but not limited to, required perimeter landscaping, required interior landscaping, native vegetation protection areas, and optional areas of landscaping. Landscaping coverage does not include any permeable pavements.

“Landscaping” means 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.

“Landslide” means episodic downslope movement of a mass including, but not limited to, soil, rock or snow.

“Landslide hazard areas” means those areas susceptible to landslides based on a combination of geologic, topographic, and hydrologic factors. They include areas susceptible because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors. Examples of these may include, but are not limited to, the following:

(1) Areas of historic failures, such as areas designated as quaternary slumps, earthflows, mudflows, lahars, or landslides on maps published by the U.S. Geologic Survey or Washington Department of Natural Resources, and/or other research meeting the best available science criteria in WAC 365-195-915;

(2) Areas with all three of the following characteristics:

(a) Slopes steeper than 15 percent;

(b) Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and

(c) Springs or ground water seepage;

(3) Areas that have shown movement during the Holocene epoch (from 11,700 years ago to the present) or that are underlain or covered by mass wastage debris from that epoch;

(4) Areas potentially unstable due to rapid stream incision, stream bank erosion, or undercutting by wave action;

(5) Areas located in a ravine, canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding; and

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

“Level of service (LOS)” means 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.

“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, permeable pavements, roof downspout controls, dispersion, soil quality and depth, and minimal excavation foundations.

“Light equipment” means hand-held tools and construction equipment, such as chain saws, wheelbarrows and post-hole diggers.

“Limit of disturbance, tree” means the boundary between the area of minimum protection around a tree and the allowable site disturbance as determined by a qualified tree professional.

“Line, property” means the line defining the extent of a lot in a given direction.

“Line, setback” means a line beyond which, toward a property line, no structure may extend or be placed except as permitted by the regulations of this title.

“Livestock” means grazing animals kept either in open fields or structures for training, boarding, home use, sales, or breeding and production, including but not limited to:

(1) Cattle;

(2) Riding and draft horses;

(3) Hogs excluding pigs under 120 pounds and standing 20 inches or less at the shoulder, which are kept as pets or small animals;

(4) Sheep; and

(5) Goats.

“Livestock, large” means cattle, horses, llamas, alpaca, and other livestock generally weighing over 500 pounds.

“Livestock, small” means hogs (excluding pigs under 120 pounds and standing 20 inches or less at the shoulder which are kept as household pets or small animals), sheep, goats, miniature horses, llamas, alpaca and other livestock generally weighing under 500 pounds.

“Loading space” means a space for the temporary parking of a vehicle while loading or unloading cargo or passengers.

“Log storage” means a facility for the open or enclosed storage of logs which may include repair facilities for equipment used on site or operations offices.

“Lot” means a specifically described parcel of land with lines defining the extent of the lot in a given direction which is intended to be conveyed in its entirety. A lot may be a lot of record, more than one lot of record or portion of a lot of record.

“Lot” means a physically separate and distinct parcel of property, which has been created pursuant to the City of Woodinville Subdivision Code or otherwise legally established.

“Lot line, interior” means lot lines that delineate property boundaries along those portions of the property which do not abut a street.

“Lot of record” means a lot created by a recorded subdivision or short subdivision or a lot that is otherwise legally created on March 31, 1993, the effective date of the Woodinville Municipal Code (WMC).

“Lot, panhandle” means an irregularly shaped lot, also known as a “flag lot” or “pipestem lot,” where the main body of the lot connects to a street through an access corridor.

“Lot width at street” means the horizontal distance between the side lot lines measured along a line:

(1) Parallel to the front lot line; or

(2) If the front lot line is a curve, parallel to the tangent thereof, and at a distance from the front lot line equal to the depth of the required front yard.

“Low impact development (LID)” means a stormwater 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. 706 § 20, 2020; Ord. 634 § 25, 2016; Ord. 611 § 8 (Att. A), 2016)

21.11.150 M.

“Manufactured home” means a single-family dwelling built according to the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, which is a national, preemptive building code. A manufactured home also includes plumbing, heating, air conditioning, and electrical systems; is built on a permanent chassis; and can be transported in one or more sections with each section at least eight feet wide and 40 feet long when transported; or, when installed on the site, is 320 square feet or greater. The term “manufactured home” does not include a recreational vehicle.

“Marijuana” means all parts of the plant cannabis, whether growing or not; 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 includes marijuana-infused products, but does not include:

(1) The mature stalks of the plant;

(2) Fiber produced from the mature stalks of the plant;

(3) Oil or cake made from the seeds of the plant;

(4) Any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake; or

(5) The sterilized seed of the plant which is incapable of germination.

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

(1) Showers;

(2) Toilets; and

(3) Self-service laundries.

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

“Microwave” means electromagnetic waves with a frequency of 890 megahertz (mhz) or greater.

“Mitigation” means the use of any or all of the following actions listed in descending order of preference:

(1) Avoiding the impact by not taking a certain action;

(2) Minimizing the impact by limiting the degree or magnitude of the action by using appropriate technology or by taking affirmative steps to avoid or reduce the impact;

(3) Rectifying the impact by repairing, rehabilitating or restoring the affected area; or

(4) Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal;

(5) Compensating for the impact by replacing, enhancing or providing substitute; and

(6) Monitoring the impact and taking appropriate corrective measures.

“Mobile home” means a factory-built dwelling built prior to June 15, 1976, to standards other than the Department of Housing and Urban Development Code, and acceptable under applicable State codes in effect at the time of construction or introduction of the home into the State. Mobile homes have not been built since the introduction of the HUD Manufactured Home Construction and Safety Standards Act. For the purposes of this chapter, references to manufactured homes include mobile homes.

“Mobile home park” means a development with two or more improved pads or spaces designed to accommodate mobile homes.

“Mobile vendor” means an itinerant business or person who engages in selling goods, services, or food from a temporary structure, vehicle, or other conveyance.

“Monitoring” means 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.

“Monuments, tombstones, and gravestones sales” means the retail sale of custom stonework products including uses located in NAICS Industry No. 327991 – Monuments, finished to custom order, tombstones and gravestones finished.

“Motor vehicle and bicycle manufacturing” means fabricating or assembling complete passenger automobiles, trucks, commercial cars and buses, motorcycles, and bicycles, including uses located in NAICS Industry Group Nos.:

(1) 3362 – Motor vehicles and motor vehicle equipment; and

(2) 336991 – Motorcycles, bicycles, and parts.

“Motor vehicle, boat and mobile home dealer” means 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 NAICS Major Group and Industry Group Nos.:

(1) 4411 – Automotive dealers and gasoline service stations except:

(a) 4413 – Auto and home supply stores;

(b) 4471 – Gasoline service stations; and

(2) Aircraft dealers found in 441229:

(a) 45393 – Mobile home dealers; and

(b) Yacht brokers found in 441222.

“Mount” means any mounting device or bracket which is used to attach an antenna or antenna array to an antenna support structure or alternative antenna support structure.

“Municipal water production” means the collection and processing of surface water through means of dams or other methods of impoundment for municipal water systems. (Ord. 611 § 8 (Att. A), 2016)

21.11.160 N.

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

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

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

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

“Nonconformance” means any use, improvement or structure established in conformance with City of Woodinville or County rules and regulations in effect at the time of establishment that no longer conforms to the range of uses, improvements, critical area and critical area buffer requirements 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.

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

“Noxious weed” means 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.

“Nuisance tree” means a tree that causes physical damage to private or public structures; has been damaged by past maintenance practices that cannot be corrected; is chronically diseased or infested; overplanted or overcrowded; part of a dense grove creating safety concerns or excessively obstructing sunlight. (Ord. 611 § 8 (Att. A), 2016; Ord. 589 § 4, 2016)

21.11.170 O.

“Open space” means open land for conservation of natural features, provision of visual amenity and for recreational use. It is land which is retained in or restored to a condition where nature predominates, and is substantially free of structures, impervious surface, and other land altering activities of man’s built environment.

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

“Ordinary high water mark” means 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.

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

“Owner” means one who has legal title to ownership, or an authorized agent of the owner who has written authorization to act on behalf of the owner, or a purchaser under a contract for the sale of real property. (Ord. 706 § 21, 2020; Ord. 611 § 8 (Att. A), 2016)

21.11.180 P.

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

(1) Indoor facilities, such as:

(a) Gymnasiums;

(b) Swimming pools; or

(c) Activity centers; and

(2) Outdoor facilities, such as:

(a) Playfields;

(b) Fishing areas; or

(c) Picnic and related outdoor activity areas; and

(3) Areas and trails for:

(a) Hikers;

(b) Equestrians;

(c) Bicyclists; or

(d) Off-road recreational vehicle users.

“Parking lot aisle” means that portion of the off-street parking area used exclusively for the maneuvering and circulation of motor vehicles and in which parking is prohibited.

“Parking lot unit depth” means the linear distance within which one parking aisle is flanked by accessible rows of parking stalls as measured perpendicular to the parking aisle.

“Parking space” means an area accessible to vehicles, improved, maintained and used for the sole purpose of parking a motor vehicle.

“Parking space angle” means 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.

“Parking, structured” means any underground or above ground parking that is contained within a structure that also contains other levels of parking, and/or residential, and/or commercial uses.

“Parks and Recreation Director” means the manager of the City of Woodinville’s Parks and Recreation Department, or his or her designee.

“Party of record (POR)” means:

(1) The applicant and any appellant;

(2) The property owner, if different than the applicant;

(3) The City;

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

(5) Any person or public agency who individually submitted written comments for or testified at a pre-decision hearing;

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

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

“Peak hour” means the hour during the morning or afternoon when the most critical level of service occurs for a particular roadway or intersection.

“Permanent school facilities” means facilities of a school district with a fixed foundation which are not relocatable facilities.

“Permeable pavement” means pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir.

“Personal medical supply store” means an establishment engaged in the retail sale of eyeglasses, contact lenses, hearing aids, and artificial limbs, including uses located in NAICS Industry Nos.:

(1) 44613 – Optical goods stores; and

(2) 44619 – Hearing aids and orthopedic and artificial limb stores.

“Pet shop” means an establishment engaged in the retail sale of pets, small animals, pet supplies, or grooming of pets, including uses located in NAICS Industry No. 45391 – Pet shops.

“Photographic and electronic shop” means an establishment engaged in the retail sale of cameras and photographic supplies, and a variety of household electronic equipment, including uses located in NAICS Industry Nos.:

(1) 44313 – Camera and photographic supply stores;

(2) 453998 – Limited to binoculars and telescopes;

(3) 443112 – Radio, television, and consumer electronics stores; and

(4) 44312 – Computer and computer software stores.

“Planning Department” means the City of Woodinville Department of Planning and Community Development.

“Planning Director” means the manager of the City of Woodinville’s Development Services Department or his or her designee.

“Plant associations of infrequent occurrence” means one or more plant species of a landform type which does not often occur in the City of Woodinville because of the rarity of the habitat and/or the species involved or for other botanical or environmental reasons.

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

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

“Primary association” means use of a habitat area by a species for breeding, nesting, rearing young, roosting, feeding, or foraging on a regular basis.

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

“Private” means 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.

“Private stormwater management facility” means a surface water control structure installed by a project proponent to retain, detain or otherwise limit runoff from an individual or group of developed sites specifically served by such structure.

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

(1) 5242 – Insurance agents, brokers and service;

(2) 53121 – Real estate agents and managers;

(3) 541213 – Income tax return preparation services;

(4) 54111 – Legal services;

(5) 54133 – Engineering, architectural and surveying services;

(6) 54121 – Accounting, auditing and bookkeeping services;

(7) 541611 – Administrative management and general management consulting services; and

(8) 54182 – Public relations services.

“Project permit” 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 unit developments, conditional uses, shoreline permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a Comprehensive Plan or subarea plan, but excluding the adoption or amendment of a Comprehensive Plan, subarea plan, or development regulations except as otherwise specifically required by law.

“Project permit application” means an application for a project permit.

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

“Public agency animal control facility” means a facility for the impoundment and disposal of stray or abandoned small animals.

“Public agency archive” means facilities for the enclosed storage of public agency documents or related materials, excluding storage of vehicles, equipment, or similar materials.

“Public agency or utility office” means an office for the administration of any governmental activity or program, with no outdoor storage and including, but not limited to, uses located in NAICS Major Group, Industry Group and Industry Nos.:

(1) 9211 – Executive, legislative, and general government, except finance;

(2) 92113 – Public finance, taxation, and monetary policy;

(3) 9231 – Administration of human resource programs;

(4) 9241 – Administration of environmental quality and housing program;

(5) 92611 – Administration of economic programs;

(6) 92812 – International affairs;

(7) 92213 – Legal counsel and prosecution; and

(8) 92219 – Public order and safety.

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

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

(1) Dining and overnight accommodations;

(2) Classrooms;

(3) Shooting ranges;

(4) Auto test tracks; and

(5) Fire suppression simulations.

“Public Works Director” means the manager of the City of Woodinville’s Public Works Department, or his or her designee. (Ord. 706 § 22, 2020; Ord. 634 § 26, 2016; Ord. 611 § 8 (Att. A), 2016)

21.11.190 Q.

“Qualified tree professional” means an individual with relevant education and training in arboriculture or urban forestry. The individual must be an arborist certified by the International Society of Arboriculture or a registered consulting arborist from the American Society of Consulting Arborists. A qualified tree professional must be certified at tree risk assessments and prescribe appropriate measures necessary for the preservation of trees during land development. For Forest Management Plans, the qualified tree professional must have the ability to assess wooded sites and prescribe measures for forest health and safety. A qualified tree professional that makes determinations on hazard or nuisance trees is required to have certification as a tree risk assessor. (Ord. 611 § 8 (Att. A), 2016)

21.11.200 R.

“Rapid charging stations” means an industrial grade outlet that allows for faster charging of electrical vehicle batteries through higher power levels and that meets or exceeds any standard, codes, or regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.

“Recreational vehicle (RV)” means a vehicle designed primarily for recreational camping, travel or seasonal use which has its own motive power or is mounted on or towed by another vehicle, including but not limited to:

(1) Travel trailer;

(2) Folding camping trailer;

(3) Park trailer;

(4) Truck camper;

(5) Park trailer;

(6) Motor home; and

(7) Multi-use vehicle.

“Recreational vehicle parks” means the use of land upon which two or more recreational vehicle sites, including hook-up facilities, are located for occupancy by the general public of recreational vehicles as temporary living quarters for recreation or vacation purposes.

“Recyclable material” means a nontoxic, recoverable substance that can be reprocessed for the manufacture of new products.

“Regional utility corridor” means 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.

“Relocatable facility, school” means 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.

“Relocatable facilities cost per student” means 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.

“Restoration, critical area” means 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.

“Retail, comparison” means for the sale of comparison goods and services and is centrally located in the community or region.

“Retail, convenience” means provides for daily living goods, is easy to access and use and is close to residential neighborhoods.

“Retention/detention facility” means 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 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.

“Right-of-way” means the land owned by a public agency and used or planned to be used as a public thoroughfare. (Ord. 611 § 8 (Att. A), 2016)

21.11.210 S.

“Salmonid” means a species of fish of the Salmonidae family, including salmon, trout, char, whitefishes, and graylings. The species of the Salmonidae family found within the City of Woodinville include, but are not limited to, the following:

(1) Oncorhynchus clarkii – Cutthroat trout.

(2) Oncorhynchus gorbuscha – Pink salmon.

(3) Oncorhynchus keta – Keta or chum salmon.

(4) Oncorhynchus kisutch – Coho salmon.

(5) Oncorhynchus nerka – Sockeye and kokanee salmon.

(6) Oncorhynchus tshawytscha – Chinook salmon.

(7) Oncorhynchus mykiss – Rainbow and steelhead trout.

(8) Salvelinus confluentus – Bull trout and Dolly Varden.

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

“School district” means any school district whose boundaries include an area of the City.

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

“Schools, elementary, and middle/junior high” means 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.

“Schools, preschool” means establishments providing exclusively educational programs for prekindergarten or preschool children (ages two through five), but excluding daycare as defined by WMC 21.11.060.

“Schools, secondary or high school” means 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.

“Secondhand/used merchandise shop” means an establishment engaged in retailing used merchandise and secondhand goods excluding motor vehicles, such as automobiles, recreational vehicles (RVs), motorcycles, and boats; motor vehicle parts; tires; and mobile homes.

“Secure community transition facilities” means smaller housing units required by the Federal court to provide a community-based treatment setting for SCC sex offenders who have progressed successfully through multiple levels of treatment over several years.

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

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

“Setback” means the minimum required distance between a structure and a lot line, access easement boundary, sensitive buffer or other buffer line that is required to remain free of structures.

Setback, Interior. “Interior setback” means the setback extending from the interior lot line to a line parallel to and measured perpendicularly from the interior lot lines at the depth prescribed for each zone.

Setback, Street. “Street setback” means the setback required between a structure and a street, measured pursuant to WMC 21.22.050 at the depth prescribed for each zone.

“Sewer, public” means a sewage disposal system directly controlled by public authority.

Sexually Oriented Business. See WMC 21.25.030 for the definition of sexually oriented business. It shall not include any play, opera, musical or other dramatic works that are not obscene; classes, seminars or lectures held for serious, scientific or educational purposes that are not obscene; or exhibitors, performances, expressions or dances that are not obscene.

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

“Short plat” means the map or representation of a short subdivision.

“Short subdivision” means the division or redivision of land, creating four or fewer lots.

“Shrub” means a self-supporting woody perennial plant characterized by several stems, with a potential at maturity for a diameter-at-breast-height of less than two inches and a height less than 10 feet.

“Sign” means any device, structure, fixture, or placard that is visible from a public right-of-way or surrounding properties and uses graphics, symbols, logos, or written copy for the purpose of advertising or identifying any establishment, product, goods, service or event.

“Sign, animated” means any sign that includes action or motion or the optical illusion of action or motion or color changes of all or any part of the sign.

“Sign, building” means any sign that is painted on, or attached directly to or supported by, an exterior building wall, fence, or gate; including facade signs, awning signs, canopy signs, and marquees, but excluding window signs. Signs that are located at the entrance to an outdoor eating and drinking area or outdoor garden merchandise area shall be treated as a building sign.

“Sign, changing message center” means an electrically controlled sign that contains messages for date, time, and temperature only which changes at intervals of one minute or less.

“Sign, community bulletin board” means a permanent sign used to notify the public of community events, public services, or jobs, and which contains no commercial advertising.

“Sign, directional” means a sign designed to guide or direct pedestrian or vehicular traffic to an area, place or convenience, and may include incidental graphics such as trade names and trademarks.

“Sign frame” means an enclosing structure or case around or supporting a sign.

“Sign, freestanding” means a sign standing directly upon the ground or having one or more supports standing directly upon the ground, and being detached from any building or similar structure.

“Sign, fuel price” means a sign utilized to advertise the price of gasoline and/or diesel fuel.

“Sign, human held” means a sign held, worn, or waved by humans.

“Sign, incidental” means a sign, emblem or decal designed to inform the public of goods, facilities, or services available on the premises, and may include, but not be limited to, signs designating:

(1) Restrooms;

(2) Hours of operation;

(3) Acceptable credit cards;

(4) Property ownership or management;

(5) Phone booths;

(6) Recycling containers;

(7) ATM machines; and

(8) Employment signs.

“Sign, indirectly illuminated” means a sign that is illuminated entirely from an external artificial source.

“Sign, monument” means a freestanding sign that is above ground level and is anchored to the ground by a solid base, with no open space between the sign and the ground.

“Sign mounting” means a support, backing, or setting for a sign.

“Sign, nonconforming” means any existing permanent, legally erected, on-premises sign which does not comply with the current requirements of Chapter 21.35 WMC.

“Sign, off-premises directional” means a sign which contains no advertising of a commercial nature which is used to direct pedestrian or vehicular traffic circulation to a facility, service or business located on other premises within 660 feet of the sign.

“Sign, on-premises” means a sign which displays a message which is incidental to and directly associated with the use of the property on which it is located.

“Sign, permanent residential development identification” means a permanent, freestanding sign identifying the residential development upon which the sign is located.

“Sign, political” means a sign which solely and exclusively advertises a candidate, an elective or appointive office, a political party, or promotes a position on a public, social or ballot issue.

“Sign, portable” means a sign which is capable of being moved and is not permanently affixed to the ground, a structure or building, such as an A-frame sign.

“Sign, projecting” means any sign, other than a flat wall sign, which is attached to and projects vertically more than one foot from the wall of a building or other structure.

“Sign, reader board” means a sign face consisting of tracks to hold readily changeable letters, allowing frequent changes of copy manually.

“Sign, recommended face background colors” means colors recommended by the City for use on the sign face background of freestanding signs and building signs. Sign, recommended face background colors, are defined using the Pantone color system as a reference, as follows:

Red

Pantone Nos. 181, 188, 194, 202, 208, 216, 222, 229, 235, 242, 262, 478, 483, 506, 518 or darker or duller (more black or green added to the color).

Yellow/ Brown

Pantone Nos. 133, 140, 147, 154, 161, 168, 174, 464, 469, 478, 491, 499 or darker or duller (more black or violet added to the color).

Blue

Pantone Nos. 269, 276, 281, 289, 296, 302, 309, 533, 540, 548 or darker or duller (more black or orange added to the color).

Green

Pantone Nos. 316, 322, 329, 336, 343, 554, 562, 567, 574 or darker or duller (more black or red added to the color).

Gray

Pantone Nos. 404, 409, 416, 425, 431, 437, 444, 450 or darker or duller (more black added to the color).

“Sign, required frame colors” means colors required by the City for use on the frames of freestanding signs. Required frame colors include white and cream or are defined using the Pantone color system as a reference, as follows:

Red

Pantone Nos. 181, 188, 194, 202, 208, 216, 222, 229, 235, 242, 262, 478, 483, 506, 518 or darker or duller (more black or green added to the color).

Yellow/ Brown

Pantone Nos. 133, 140, 147, 154, 161, 168, 174, 464, 469, 478, 491, 499 or darker or duller (more black or violet added to the color).

Blue

Pantone Nos. 269, 276, 281, 289, 296, 302, 309, 533, 540, 548 or darker or duller (more black or orange added to the color).

Green

Pantone Nos. 316, 322, 329, 336, 343, 554, 562, 567, 574 or darker or duller (more black or red added to the color).

Gray

Pantone Nos. 404, 409, 416, 425, 431, 437, 444, 450 or darker or duller (more black added to the color).

“Sign, wayfinding” means an off-premises sign that is part of a City-sponsored and coordinated program for the purpose of facilitating vehicular tourist transit to local tourist destinations as designated and recognized by the City’s Wayfinding Sign Program.

“Sign, window” means any sign located inside or on, affixed to, or located within three feet of a window of a building, whether temporary or permanent, lighted or unlighted, which may be viewed from the exterior of the building. Merchandise located within three feet of a window is not included in the definition unless the merchandise blocks more than one third of the window.

“Significant tree” means an existing healthy tree which has a minimum diameter-at-breast-height of six inches, as measured according to the most current published edition of the International Society of Arboriculture’s “Guide for Plant Appraisal.”

“Signs or displays of limited duration” means any sign, banner, pennant, or advertising display intended to be displayed for a limited time period. Easily removed signs attached to windows are considered temporary signs. Signs of limited duration can be manually removed without the use of tools or equipment.

“Site cost per student” means 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.

“Snag or wildlife tree” means the remaining trunk of a tree that is intentionally reduced in height and intended to provide habitat value.

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

“Special event” means any event meeting the definition of special event found in WMC 8.12.020(1). Special events may include, but are not limited to: fun runs, races on foot, bicycle, or rollerskates, other athletic events, fundraising events, auctions, bike-a-thons, parades, political demonstrations, carnivals, shows or exhibitions, film-making, circuses, block parties and fairs.

“Special use permit” means a permit granted by the City to locate an essential public facility or a regional land use at a particular location, subject to conditions placed on the proposed use to ensure compatibility with adjacent land uses.

“Specialized instruction school” means 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:

(1) Art;

(2) Dance;

(3) Music;

(4) Cooking;

(5) Driving; and

(6) Pet obedience training.

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

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

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

“Specified sexual activities” means 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.

“Specimen tree” means a viable tree that is considered in very good to excellent health and free of major defects, as determined by the City’s Tree Official.

“Sporting goods store” means an establishment engaged in the retail sale of sporting goods and equipment, including uses located in NAICS Industry Nos.:

(1) 451110 – Sporting goods stores and bicycle shops; and

(2) 453998 – Limited to trophy shops.

“Sports club” means an establishment engaged in operating physical fitness facilities and sports and recreation clubs, including uses located in NAICS Industry Nos.:

(1) 71394 – Physical fitness facilities; and

(2) 7139 – Membership sports and recreation clubs.

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

(1) Boarding;

(2) Training;

(3) Riding lessons;

(4) Breeding;

(5) Rental; or

(6) Personal use.

“Standard of service, school” means 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 21.81 WMC are in place to complete the permanent facilities called for in the capital plan.

“Stream functions” means 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.

“Streams” means those areas in the City of Woodinville 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 salmonids 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.

“Street” means a public or recorded private thoroughfare providing the main pedestrian and vehicular access through neighborhoods and communities and to abutting property.

“Street banner” means a temporary sign without mechanical or electrical devices made of cloth or similar nonrigid materials suspended with rope or cable over the public street right-of-way.

“Street frontage” means any portion of a lot or combination of lots which directly abut a public right-of-way.

“Street/utility pole” means telephone, utility/electric, cable television, or street light poles located within a public right-of-way.

“Structure” means anything permanently constructed in or on the ground, or over the water; including rockeries and retaining walls over four feet and signs, but excluding fences less than six feet in height and decks less than 18 inches above grade; or paved areas, and excluding structural or nonstructural fill.

“Student factor” means 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.

“Subdivision” means the division of land, creating five or more lots.

“Submerged land” means any land at or below the ordinary high water mark.

“Substantial improvement” means 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.

“Substantial modification” means a significant change to a project permit application or existing development that does one or more of the following:

(1) Increases the intensity of the development, excluding changes that are reasonably anticipated to generate minor to no new impacts;

(2) Expands the footprint of any building or structure by at least 400 square feet or 10 percent, whichever is greater, provided the SEPA threshold determination is unaffected;

(3) Increases traffic by 10 or more AM or PM peak hour trips;

(4) Increases disturbances and/or impacts to critical areas; or

(5) Noticeably changes the original purpose or intent of a project permit application. (Ord. 706 § 23, 2020; Ord. 622 § 3, 2016; Ord. 611 § 8 (Att. A), 2016; Ord. 589 § 5, 2016)

21.11.220 T.

“Tasting room” means an establishment that allows customers to taste samples of wine, beer or spirits and has a State of Washington issued liquor license as a tasting room. A tasting room may also include wine, beer, or spirits and related items sales, marketing events, special events, entertainment, and/or food service. Establishments that are classified by the State Liquor Board as bars, nightclubs, taverns or restaurants are not included in this classification.

“Temporary shelter” means a dormitory set up by an institution or nonprofit agency for the protection of homeless people on a temporary basis.

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

“Tightline to a sewer” means 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. It may occur outside the local service area for sewers, but does not amend the local service area.

“Traffic impact, direct” means 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.

“Trails” means manmade pathways designed and intended for use by pedestrians, bicyclists, equestrians, and/or recreational users.

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

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

“Transit-oriented housing development” means a public or public/private land use development which:

(1) Directly supports mass transit use through an on-site public park-and-ride at an existing public park-and-ride facility owned, leased, and/or operated by a public transit service provider;

(2) Facilitates pedestrian and bicycle access to the site through direct connections to nonmotorized transportation networks and surrounding pedestrian facilities;

(3) Contains both ownership and rental residential dwellings;

(4) Contains commercial uses; and

(5) Includes a portion of its dwelling units as below market rate housing.

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

“Transmission equipment, electronic” means equipment, such as antennas and satellites, or point-to-point microwave dishes, that transmits or receives radio signals.

“Transmission structure” means a structure intended to support transmission equipment or function as an antenna for AM radio or an earth station satellite dish antenna. The term does not include brackets, platforms, or other apparatus which mount transmission equipment onto transmission structures, buildings or other structures.

“Tree” means a self-supporting woody perennial plant characterized by one main trunk, or for certain species, multiple trunks, with a potential at maturity for a diameter-at-breast-height of at least two inches and a height of at least 10 feet.

“Tree grove” means a cluster or stand of at least five trees of any size or species, whose driplines touch.

“Tree removal” means the removal of a tree, through either direct or indirect actions, including but not limited to: (1) clearing, damaging or poisoning resulting in an unhealthy or dead tree; (2) removal of at least half of the live crown; or (3) damage to roots or trunk that is likely to destroy the tree’s structural integrity. (Ord. 611 § 8 (Att. A), 2016; Ord. 589 § 6, 2016)

21.11.230 U.

“Ultimate roadway section” means a designation by the City of Woodinville 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.

“Understory” means the layer formed by grasses, shrubs, and small trees under the canopy of larger trees and plants.

“Use” means 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.

Use, Reasonable. “Reasonable use” means the minimum use to which a property owner is entitled under applicable State and Federal constitutional provisions in order to avoid a taking and/or violation of substantive due process. “Reasonable use” shall be liberally construed to protect the constitutional property rights of the applicant. For example, the minimum reasonable use of a residential lot which meets or exceeds minimum bulk requirements is usually use for one single-family residential structure. Determination of “reasonable use” shall not include consideration of factors personal to the owner such as a desire to make a more profitable use of the site.

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

(1) Telephone exchanges;

(2) Water pumping or treatment stations;

(3) Electrical switching substations;

(4) Water storage reservoirs or tanks;

(5) Municipal ground water well-fields;

(6) Regional stormwater management facilities;

(7) Natural gas gate stations and limiting stations;

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

(9) Sewer lift stations. (Ord. 611 § 8 (Att. A), 2016)

21.11.240 V.

“Variance” means an adjustment in the application of standards of a zoning code to a particular property.

“Vegetation” means any and all plant life growing at, below or above the soil surface.

“Veterinary clinic” means a licensed clinic, hospital, or doctor’s office providing veterinary care to pets, small animals, and livestock.

“Viable tree” means a significant tree that a qualified tree professional has determined to be in good health, not classified as a hazard or nuisance tree, with a low risk of failure due to structural defects, and is a species suitable for its location.

“Vocational school” means establishments offering training in a skill or trade to be pursued as a career, including uses located in NAICS Industry Group Nos.:

(1) 61151 – Apprenticeship training; and

(2) 61121 – Junior colleges. (Ord. 611 § 8 (Att. A), 2016; Ord. 589 § 7, 2016)

21.11.250 W.

“Warehousing and wholesale trade” means establishments involved in the storage and/or sale of bulk goods for resale or assembly, excluding establishments offering the sale of bulk goods to the general public which is classified as a retail use in WMC 21.21.080. These establishments shall include NAICS Major Group Nos. 421, 444, 422, 454 and NAICS Industry Group Nos. 4931 and 48848.

“Wastewater treatment facility” means a plant for collection, decontamination and disposal of sewage, including residential, commercial, 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.

“Wet meadows, grazed” means palustrine emergent wetlands typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary grass, spike rushes, bulrushes, sedges and rushes. During the growing season, the soil is often saturated but not covered with water. These meadows frequently have been or are being used for livestock activities.

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

“Wetland classes” means descriptive classes of the wetlands taxonomic classification system of the U.S. Fish and Wildlife Service (Cowardin et al., 1979).

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

“Windfirm” means a condition of a tree in which it can withstand moderate storm winds.

“Wireless service facilities” means any unstaffed facility for the transmission and/or reception of wireless services as defined by Section 704(a)(7)(c)(i) of the Federal Telecommunications Act of 1996, including cellular, PCS, enhanced specialized mobile radio (ESMR), specialized mobile radio (SMR), paging, 800 MHz and other similar technologies covered by the aforementioned section.

“Wireless service facility, temporary” means a nonpermanent facility installed on a short-term basis, for the purpose of evaluating the technical feasibility of a particular site for placement of a wireless service facility or for providing emergency communications during a natural disaster or other emergency. Examples of temporary wireless service facilities include, but are not limited to, placement of an antenna upon a fully extended bucket truck, crane, or other device capable of reaching the height necessary to evaluate the site for placement of a wireless service facility.

“Work release facility” means 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. 611 § 8 (Att. A), 2016)

21.11.260 Y.

“Yard waste processing facility” means 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.

“Youth hostel” means a registered indoor facility providing board and other necessities for the temporary housing of travelers. (Ord. 611 § 8 (Att. A), 2016)

21.11.270 Z.

“Zone” means a specifically designated area or district within which uniform regulations and requirements govern the use, placement, spacing and size of land and buildings. (Ord. 611 § 8 (Att. A), 2016)