Chapter 21.11A


21.11A.010    General provisions.

21.11A.020    “A” definitions.

21.11A.030    “B” definitions.

21.11A.040    “C” definitions.

21.11A.050    “D” definitions.

21.11A.060    “E” definitions.

21.11A.070    “F” definitions.

21.11A.080    “G” definitions.

21.11A.090    “H” definitions.

21.11A.100    “I” definitions.

21.11A.110    “J” definitions.

21.11A.120    “K” definitions.

21.11A.130    “L” definitions.

21.11A.140    “M” definitions.

21.11A.150    “N” definitions.

21.11A.160    “O” definitions.

21.11A.170    “P” definitions.

21.11A.180    “Q” definitions.

21.11A.190    “R” definitions.

21.11A.200    “S” definitions.

21.11A.210    “T” definitions.

21.11A.220    “U” definitions.

21.11A.230    “V” definitions.

21.11A.240    “W” definitions.

21.11A.270    “Z” definitions.

21.11A.010 General provisions.

(1) For the purpose of this title, the terms in this chapter and Chapter 21.11B WMC shall have the meaning indicated in the applicable chapter, except where the context clearly indicates a different meaning.

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

(3) Terms not defined herein shall take their meaning from definitions in the Comprehensive Plan, building codes, and other ordinances incorporated by reference. If a specific term is not defined or referenced, it shall take its normal and customary meaning within the context of how it is used.

(4) When not inconsistent with the context, words used in the present tense include the future, words in the singular include the plural, and words in the plural include the singular. (Ord. 737 § 2 (Att. A), 2022)

21.11A.020 “A” definitions.

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

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

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

“Access corridor” means a vehicle circulation area, including easements, tracts and driveways in common private ownership, over which access is afforded to more than two lots, or which provides access to more than four attached dwelling units (townhomes) or 30 attached and stacked dwelling units in a multifamily development.

“Accessory” means, except when specifically defined otherwise by this title, a use, activity, structure, or part of a structure, which is subordinate and/or incidental to the permitted primary use, activity, or structure on the subject property.

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

(a) 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;

(b) 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;

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

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

(e) Indoor fitness facilities;

(f) Financial and banking services;

(g) 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

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

“Adjacent” means property located within 300 feet of a property line of a subject property and includes adjoining, unless stated otherwise.

“Adjoining” means touching, abutting, or in the case of property is directly across a street from the subject property. This term does not include property across from any State highway or arterials and collector streets having four lanes of vehicle traffic or more.

“Agrarian structures” means buildings or other structures created to satisfy a well-stated function, usually associated with land-oriented activities, such as farming. The structures exhibit simple geometric forms and were created with available materials and without frills (e.g., primitive barns, early sawmill structures, and historic wood covered bridges).

“Alley” means a narrow public or private thoroughfare which provides only a secondary means of vehicular access to more than one adjoining properties. Alleys are not designed for general traffic circulation and permit access from streets to the back side of buildings. Share driveways are not included in this definition.

“Alteration” means any change, addition or modification in construction, occupancy, or use.

“Alteration, critical area,” except when specified otherwise by this title, means any development or human-induced action which changes and/or impacts the existing conditions of a critical area or buffer. “Alterations” do not include walking, fishing, other types of passive recreation, or other similar activities.

“Alternative support structure” means support structures that incorporate stealth measures as a way to camouflage wireless service facilities including, but not limited to, bell towers; clock towers; church steeples; traffic light and traffic sign structures; trees, and other manmade structures and devices, excluding billboards and signs.

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

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

“Animal, farm” means any domestic species of cattle, sheep, pigs, goats, llamas, alpacas, or horses, which are normally and have historically, been kept and raised on farms in the United States and used or intended for use as food or fiber, or for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber. This term also includes animals such as, but not limited to, rabbits, mink, and chinchilla, which are raised for commercial or subsistence purposes.

“Animal, small” means any animal other than farm animals or predatory or wild animals, which are kept inside or outside a dwelling unit all or part of the time. Predatory or wild animals shall be considered small animals when they are taken into captivity for the purposes of breeding, domestication, training, hunting, or exhibition. Common examples of small animals include, but are not limited to, dogs, cats, miniature pigs, miniature goats, ferrets, rabbits, guinea pigs, etc.

“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:

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

(b) 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;

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

(d) 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 omnidirectional 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:

(a) 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;

(b) 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

(c) 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 person who files an application for permits or development approval who is either the property owner or a primary proponent of a project, which can include a contract purchaser, or authorized agent of the property owner.

“Arborist, city” means a qualified tree professional appointed by the City manager or designee and assigned such duties in administering the City’s tree regulations as determined by the City Manager or designee. See definition of “qualified tree professional.”

“Art, artwork” means a device, element, or feature whose primary purpose is to express, enhance, or illustrate an aesthetic quality, feeling, physical entity, idea, local condition, historical or mythical happening, or cultural or social value. Examples of artwork include sculpture, bas-relief sculpture, mural, or unique specially crafted lighting, furniture, pavement, landscaping, or architectural treatment that is intended primarily, but not necessarily exclusively, for aesthetic purposes. Signs, upon approval by the Director, may be considered artwork, provided they exhibit an exceptionally high level of craftsmanship, special material, or construction, and include decorative devices or design elements that are not necessary to convey information about the business or product. Signs that are primarily names or logos are not considered art.

“Automated and mechanical parking systems” means a mechanical system designed for the purpose of parking and retrieving vehicles without drivers in the vehicle during parking and without the use of ramping or driveway aisles, and which may include, but is not limited to, a vertical lift and the storage of cars on parking pallets.

“Awning/canopy” means temporary or permanent roof-like covers, often of fabric, metal, or glass, which project from a wall or roof of a structure over a window, walkway, door, or the like and which does not require exterior columns or the like to support the ends of the projection. (Ord. 737 § 2 (Att. A), 2022)

21.11A.030 “B” definitions.

“Balcony” means an outdoor space built as an above ground platform projecting from the wall of a building and enclosed by a parapet or railing.

“Base station” means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a “tower” as defined herein nor any equipment associated with a tower. “Base station” includes, without limitation:

(a) Equipment associated with wireless communications services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(b) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems (“DAS”) and small wireless networks).

(c) Any structure other than a tower that, at the time the relevant application is filed (with jurisdiction), supports or houses wireless service facilities that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

“Bas-relief” means a sculptural carving, embossing, or casting that project very little from the background.

“Bay window” means a window or a series of windows forming a bay in a room and projecting outward from an exterior wall. A bay window may be directly supported by a foundation, or it may be cantilevered out from an exterior wall. When applied specifically to design standards, the bay must contain a windowpane which extends at least 60 percent of the length and 35 percent of the height of the surface of the exterior bay wall which lies parallel to the exterior wall of the building. There need not be windows in the surfaces which extend out from the exterior wall.

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

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

“Best available science” means scientifically valid information derived in accordance with WAC 365-195-900 through 365-195-925, or as amended, that is used to develop and implement critical areas policies or regulations.

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

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

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

(c) Protect trees and vegetation designated to be retained during and following site construction; and

(d) Provide standards for proper use of chemical herbicides within critical areas.

“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:

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

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

“Binding site plans” means an alternative method of land division as authorized for divisions prescribed in RCW 58.17.035.

“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.

“Blank wall” means:

(a) Any wall or portion of a wall that has a surface area of 400 square feet of vertical surface without a window, door, or building modulation or other architectural feature; or

(b) Any ground level wall surface, or section of a wall over four feet in height at ground level, that is longer than 15 feet as measured horizontally without having a transparent window or door lying wholly or in part within that 15-foot section.

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

“Boundary line adjustment” means the adjustment of boundary lines between platted or unplatted lots, or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum dimensional requirements for lots.

“Buffer” means an area within a property either consisting of natural vegetation and/or created by the use of trees, shrubs, fences, and/or berms, with the primary purpose of providing visual, noise or odor insulation from nearby properties or roadways.

“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.

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

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

“Building coverage” means that portion of a lot or building site covered by the horizontal surface of roof areas covering structures.

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

“Building 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 outside of exterior walls or columns, that covers the ground, including cantilevered portions of a building, but excluding the edge of roofs that overhang exterior walls that are intended to prevent rain, snow, and other debris from spilling directly down the side of the building (e.g., roof eave).

“Building Official” means the person designated by the City Manager or designee who is charged with the duties of administrating and enforcing building codes inside the City.

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

“Bulk” means the maximum three-dimensional size and placement of buildings and structures on a lot resulting from application of the combination of zoning controls (lot size, floor area ratio, building coverage, open space, height, and setbacks).

“Bush” means a shrub or clump of shrubs.

“Business day” means Monday through Friday, excluding legal holidays prescribed in RCW 1.16.050(1). (Ord. 737 § 2 (Att. A), 2022)

21.11A.040 “C” definitions.

“Calculated level of service” means a quantitative measure of traffic congestion identified by a declining letter scale (A through F) used to describe the operating conditions of a roadway based on factors such as speed, travel time, maneuverability, delay, and safety. The methodology for calculating levels of service is set forth in the most recent version of the Highway Capacity Manual published by the Transportation Research Board of the National Academies.

(a) Level of Service A represents freeflow conditions with unimpeded maneuverability. Stopped delay at signalized intersections is minimal.

(b) Level of Service B represents reasonably unimpeded operations with slightly restricted maneuverability. Stopped delays are not bothersome.

(c) Level of Service C represents stable operations with somewhat more restrictions in making mid-block lane changes than Level of Service B. Motorists will experience appreciable tension while driving.

(d) Level of Service D represents approaching unstable operations where small increases in volume produce substantial increases in delay and decreases in speed.

(e) Level of Service E represents operations with significant intersection approach delays and low average speeds.

(f) Level of Service F represents operations with extremely low speeds caused by intersection congestion, high delay, and adverse signal progression.

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

“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 are 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.

“Canopy, tree” means the percentage of the City or individual lots that is shaded by trees.

“Cattery” means a place where four or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care, whether or not for compensation, but not including a pet shop. An adult cat is one of either sex, altered or unaltered, that is at least six months old.

“Cattery, hobby” means a noncommercial cattery at or adjoining a private residence where four or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of the species.

“Change of use” means a change in the utilization or occupancy of a property or building from one use to another.

“City” means the City of Woodinville.

“City Tree Official” means the person designated by the City Manager with responsibility for implementing the City’s tree regulations and Community Urban Forestry Plan.

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

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

“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.

“Collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.

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

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

“Comprehensive Plan” means the adopted Woodinville Comprehensive Plan, including amendments thereto, listing the goals and policies regarding land use, housing, capital facilities, environment, etc., within the City.

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

“Condominium” means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded pursuant to Chapter 64.34 RCW.

“Condominium, conversion” means the same as defined in RCW 64.34.020, including amendments thereto.

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

“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,” when applied to wireless communication, 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.

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

“Courtyard” means an unroofed, landscaped space enclosed on at least three sides by the walls of a building or is adjoining a building and enclosed by walls on the other sides, except one side is open.

“Critical aquifer recharge areas (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 the following areas and ecosystems including associated buffers: (a) wetlands; (b) areas with a critical recharging effect on aquifers used for potable water (referred to as critical aquifer recharge areas); (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically sensitive areas.

“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, tree” means the area of a tree containing leaf- or needle-bearing branches. (Ord. 737 § 2 (Att. A), 2022)

21.11A.050 “D” definitions.

“Day,” unless specified otherwise, means calendar days.

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

“Deck” means a roofless outdoor space built as an above ground platform projecting from the wall of a building and connected to the ground by structural supports.

“Decorative” means the arrangement of lines, shapes, colors, textures, and sizes that serve to beautify or make more attractive the appearance of an object to the general public. It may include but is not limited to elements, designs, or motifs installed, attached, painted, or applied for the purpose of ornamentation or artistic expression.

“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to themself 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.

“Density” means the number of dwellings allowed per acreage as stated for each zone. Typically applied in terms of maximum and minimum densities.

“Department” means the City of Woodinville Development Services Department unless specified otherwise.

“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 human-caused changes to improved or unimproved land including but not limited to buildings and other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, and the storage of materials or equipment. This includes both temporary and permanent changes.

“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.

“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 regulations” means the controls placed on development or land use activities including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, even though the decision may be expressed in a resolution or ordinance of the legislative body of the City.

“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 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.

“Division of land” means any segregation of land that creates lots, tracts, parcels, or sites not otherwise exempt pursuant to WMC 21.91.020 that alters or affects the shape, size, and legal description of any part of the owner’s land.

“Domestic fowl” means a species of bird of the Galliformes order, kept chiefly for its eggs and flesh including but not limited to chickens, turkeys, ducks, goose, squabs, pheasants, chukars, and guinea fowl.

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

“Drive-through” means an automobile-oriented component of a permitted use that includes both service window(s) and a stacking lane designed primarily for drive-through trade, and which provides service and caters to patrons while in their motor vehicles.

“Driveway” means a paved or unpaved access strip of land providing a vehicular connector between streets/alleys and parking areas or garages.

“Dwelling or dwelling unit” means one or more rooms or structures providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, cooking and sanitation. (Ord. 737 § 2 (Att. A), 2022)

21.11A.060 “E” definitions.

“Easement” means a right to use or limit the use of land in specific ways without acquiring fee simple title to land. Terms of easements may vary and shall be set forth by legal documents.

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

“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 purposes. “Electric vehicle” includes: (a) a battery electric vehicle; (b) a plug-in hybrid electric vehicle; (c) a neighborhood electric vehicle; and (d) a medium-speed electric vehicle.

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

“Eligible facilities request” means any request for modification of an existing tower or base station for a wireless service facility that does not substantially change the physical dimensions of such tower or base station, involving:

(a) Collocation of new transmission equipment;

(b) Removal of transmission equipment; or

(c) Replacement of transmission equipment.

“Eligible support structure” means any “tower” or “base station” as defined under the Woodinville Municipal Code for wireless service facilities; provided, that it is existing at the time the relevant application is filed with the City.

“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.

“Engineer, City” means the Public Works Director, or a person appointed by the City Manager pursuant to WMC 2.09.030 with the duties and responsibilities of the City Engineer.

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

(a) Carryalls;

(b) Graders;

(c) Loading and unloading devices;

(d) Cranes;

(e) Drag lines;

(f) Trench diggers;

(g) Tractors;

(h) Augers;

(i) Bulldozers;

(j) Concrete mixers and conveyors;

(k) Major agricultural equipment such as combines, harvesters, and similar devices operated by mechanical power as distinguished from manpower.

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

“Erosion” means the process whereby wind, rain, water, and other natural agents mobilize and transport particles.

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

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

“Exceptional design,” means the architectural features of a structure and/or site layout that satisfy all of the following criteria:

(a) Extensive pedestrian network connected to the City’s Non-Motorized Transportation Plan and Transportation Master Plan with lighting, landscaping, and amenities that provides clear pedestrian connections from the street, between buildings, through parking lots and to adjacent sites. See WMC 21.33.250;

(b) Creative and effective vehicular circulation system that minimizes the frequency of conflicts between pedestrians, bicycles, and automobiles;

(c) A unique multi-use central open space with special amenities and activities, accessible, open, and available to the general public;

(d) Increased use of structured parking;

(e) Enhanced off-street pedestrian/bike routes that connect to the existing/planned trail system;

(f) Special accommodation of transit services;

(g) Extensive environmental restoration and/or tree retention;

(h) Environmental LEED® rating certification of all structures;

(i) Include uses that will expand the range of activities in downtown such as cultural or performing arts facility, public assembly areas, and similar uses that will encourage pedestrian activity and/or support for other business or community activities, consistent with WMC 21.33.260, Pedestrian activity and plazas;

(j) Pedestrian-oriented space at a rate of two percent of the project site plus two percent of the building footprint;

(k) When new development fronts on a “pedestrian street” as defined in WMC 21.33.110(2) and on a “corner” as defined in WMC 21.33.180, require pedestrian open space and the building’s primary entrance at the street corner;

(l) Surface and structured parking along street frontages shall be located so that it is not visible from the street except for driveway access where these are necessary consistent with WMC 21.33.300(2)(d); and

(m) Use of gabled, sloped (pitched), or green roofs as described in WMC 21.33.320.

“Exotic animal” means any of the following:

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

(b) Nonhuman primates and prosimians;

(c) Bears;

(d) Nondomesticated species of felines;

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

(f) The order Crocodilia, including alligators, crocodiles, caimans, and gavials. (Ord. 737 § 2 (Att. A), 2022)

21.11A.070 “F” definitions.

Facade. See definition of “Building facade.”

“Facilities, public” means and includes 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.

“Family” means one or more persons living together as a single housekeeping unit in a dwelling and may include family guests. The owner of the single-family dwelling may provide lodging to persons who are not guests and who are not part of a family provided the total number of persons, including nonfamily persons living in the dwelling, does not exceed four, excluding children with familial status within the meaning of 42 U.S.C. § 3602(k). The limitation on the number of nonfamily persons living in the dwelling shall not apply to adult family homes, family day-care providers’ home facilities as prescribed by RCW 35A.63.215, and other living arrangements which would violate 42 U.S.C. Section 3604.

“FCC” means the Federal Communications Commission.

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

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

(b) Provides a reasonable likelihood of achieving its intended purpose; and

(c) Does not physically preclude achieving the project’s primary intended legal use.

“Fence” means a manmade barrier, railing, or other upright structure, excluding berms, for the purpose of enclosing an area of ground to mark a boundary, control access, or prevent escape. This term includes freestanding walls serving the same purpose as a fence.

“Final plat” means the final drawing of the subdivision and dedication prepared for filing for record with the King County Recorder’s Office and containing all elements and requirements set forth in Chapter 58.17 RCW and in this title.

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

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

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

(c) 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 to mitigate impacts to ponds;

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

(e) State natural area preserves and natural resource conservation areas; and

(f) Land essential for preserving connections between habitat blocks and open spaces.

“Fish and wildlife habitat conservation areas” do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company.

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

“Floodway” means those areas that have been established in Federal Emergency Management Agency flood insurance rate maps or floodway maps. (See Chapter 21.53 WMC for maps.)

“Floor” means: (a) the surface of an enclosed area in a building on which one stands; or (b) the lower or supporting surface of an outdoor area designed for occupancy.

“Floor area, gross” means the sum of the gross horizontal areas of the floors of buildings and structures. When measuring the floor area of buildings, gross floor area is measured from the outdoor faces of exterior walls above and below ground and, when applicable, from the centerline of division walls. This includes mezzanines. When measuring the floor area of structures containing outdoor space, gross floor area is measured as the ground area designed for the exclusive use of an occupant.

“Floor area ratio (FAR)” means the relationship between the total amount of usable floor area that a building has, or has been permitted to have, and the total area of the lot on which the building(s) stand. This ratio is determined by dividing the total usable floor area by the lot area.

“Floor area, usable” means the gross floor area of a building less vehicle and bicycle parking and associated circulation areas, balconies, covered and uncovered outdoor open-air floors (e.g., pergola), mechanical rooms, indoor garbage and recycle collection rooms, building stories fully below ground, floor areas having less than five-foot-high ceilings, elevator shafts, and stairwells.

“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.

“Franchise and corporate architecture (franchise architecture)” means a building design that is trademarked, branded, or easily identified with a particular chain or corporation and is ubiquitous in nature. Some typical issues and negative impacts often associated with national chain or commercial franchise designs include:

(a) Large logos and/or colors used over large expanses of a building;

(b) Branded buildings are difficult to reuse if vacated by the primary business, promoting vacancies and blight; and

(c) Buildings lack architectural elements and design consistent with the local community’s architectural composition, character, vernacular, and historic context.

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

“Frequency, radio” means the number of times the current from a given source of nonionizing electromagnetic radiation changes from a maximum positive level through a maximum negative level and back to a minimum positive level in one second; measured in cycles per second or Hertz (“Hz”).

“Frequently flooded areas” means lands in the floodplain as identified in Chapter 21.53 WMC subject to at least a one percent or greater chance of flooding in any given year, or within areas subject to flooding due to high ground water. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas where high ground water forms ponds on the ground surface.

“Functions and values” mean the beneficial roles served by critical areas including, but not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance, and attenuation; ground water recharge and discharge; erosion control; wave attenuation; protection from hazards; historical, archaeological, and aesthetic value protection; and recreation. These beneficial roles are not listed in order of priority. (Ord. 737 § 2 (Att. A), 2022)

21.11A.080 “G” definitions.

“Geologically sensitive areas” means 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.

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

“Grade, finished” means the ground elevation at the conclusion of all grading efforts after any lot development is completed.

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

“Grading,” when used with Chapter 15.05 WMC, means any excavating, filling, removing of the duff layer, or 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.

“Greenrows” means a row of trees and other vegetation planted along a property line or other site feature sufficient to create a year-around visual screen at least 35 feet high at maturity. A greenrow may consist of one or more species, with evergreen planting predominating. Greenrows may be formal lines of regularly spaced trees or more naturalistic, asymmetric plantings.

“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.

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

“Grubbing” means to clear by digging up roots and or stumps. See “Clearing.” (Ord. 737 § 2 (Att. A), 2022)

21.11A.090 “H” definitions.

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

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

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

“Hearing Examiner” means the person appointed pursuant to WMC 2.27.020 with the powers and duties prescribed in Chapter 2.27 WMC.

“Height” means the vertical distance measured from the designated grade elevation to the highest point of a structure or as otherwise allowed, excluding elements specifically exempt from height calculations.

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.

“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).

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

“House-mover” means any person, firm or corporation engaged in the business of moving houses, buildings, structures, or other like objects.

“Human scale” means the perceived size of a building relative to a human being. A building is considered to have “good human scale” if there is an expression of human activity or use that indicates the building size. For example, steps, windows, doorways, canopies are sized to feel comfortable (not oversized to induce a feeling of being small, or undersized to induce a feeling of being large in relation to the built form). (Ord. 737 § 2 (Att. A), 2022)

21.11A.100 “I” definitions.

“Impervious surface” means any hard surface area which either prevents or retards the entry of water into the soil mantle as it would otherwise enter under natural conditions preexisting to development, or any hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow than it would otherwise under natural conditions preexisting to development. Examples include impenetrable materials such as but not limited to asphalt, concrete, brick, stone, wood, gravel roads and parking areas, and rooftops.

“Improved right-of-way” means right-of-way having road improvements that are open for general vehicular use.

“Incidental” means ancillary to something that is more important such as a primary use. (Ord. 737 § 2 (Att. A), 2022)

21.11A.110 “J” definitions.

“Joint-use” or “shared” means structures that are constructed for private use by more than one property owner.

“Joint aquatic resources permit application (JARPA)” means an application form for applying for hydraulic project approvals, water quality certifications, and U.S. Army Corps of Engineers Section 404 and Section 10 permits. (Ord. 737 § 2 (Att. A), 2022)

21.11A.120 “K” definitions.

“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. 737 § 2 (Att. A), 2022)

21.11A.130 “L” definitions.

“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” means a final determination by the decision authority with the highest level of authority to make the determination.

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

“Landscape coverage” means the area of a lot or building site that is covered by landscaping that at a minimum satisfies City of Woodinville requirements. This can include required landscaping, native growth protection areas, and optional areas of landscaping. “Landscape coverage” does not include any pervious pavement.

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

(a) Landscaping located along the site boundaries meeting minimum landscaping width requirements is referred to as perimeter landscaping; and

(b) Landscaping located elsewhere on 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 areas that are potentially subject to risk of mass movement due to a combination of geologic, topographic, and hydrological factors. These areas are typically susceptible to landslides because of a combination of factors including bedrock, soil, slope (gradient), slope aspect, geologic structure, hydrology, or other factors. See WMC 21.51.250(2)(b).

“Leadership in Energy and Environmental Design” or “LEED®” means a series of rating systems based on points developed by the U.S. Green Building Council with the aim of increasing the environmental and health performance of buildings, sites, and structures of neighborhoods. LEED® covers the design, construction, and operation of all types of buildings. Certification levels are “Certified,” “Silver,” “Gold,” and “Platinum.”

“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.

“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 and approved by the City.

“Live/work units” means any place where:

(a) Workers perform their primary occupations, including where businesses and artists create original and creative works such as books, writings or compositions for sale, paintings, sculptures, traditional and fine crafts, creation or acting of films, creation, or performance of dances;

(b) Those workers and artists and their immediate families live in the same unit as where they work; and

(c) Residential space is clearly secondary to workspace and consists of no more than 50 percent of the total residential/workspace.

For purposes of FAR, the floor area dedicated to work shall qualify as commercial and the floor area dedicated to living space shall qualify as residential.

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

“Logo” means a design or symbol that represents a product, identity, or service.

“Lot” means (a) a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width, area, and street frontage; and (b) land having fixed boundaries used as a “building site.” The term shall include tracts or parcels.

“Lot area” means all areas within the boundaries of a lot, excluding submerged lands such as Lake Leota.

“Lot area, net” means the lot area excluding the area of any access easement or public right-of-way dedication for streets including pedestrian facilities associated with the streets, and any areas unbuildable due to the presence of “critical areas” as defined in Chapter 21.51 WMC.

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

“Lot, flag” means a lot which has very narrow frontage along a street where the main body of the lot connects to a street through an access corridor.

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

“Lot width” means the horizontal distance between interior property lines measured as follows:

(a) Scaling a circle having a diameter of the applicable lot width length;

(b) The circle shall be located within the boundaries of the lot, abutting at least two opposite interior property lines, and centered on the most likely location for a building containing the primary use; and

(c) The circle shall not be located within any access easements or native growth protection area easements required in Chapter 21.51 WMC.

“Lot width, street” means the horizontal distance between interior property lines along a line:

(a) Parallel to the street property line; or

(b) If the street property line is a curve, horizontal distance is measured along a line that is parallel to a tangent line of the curve, where the parallel line is the shortest distance between two interior property lines that intersect the street.

In the case of a corner lot, the street property line that does not have the primary vehicle access to the lot may substitute for an interior property line.

“Low impact development (LID)” means a set of techniques that mimic natural watershed hydrology by slowing, evaporating/transpiring, and filtering water that allows water to soak into the ground closer to its source.

“Low impact development 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 best management practices” include, but are not limited to, bioretention, permeable pavements, roof downspout controls, dispersion, soil quality and depth, and minimal excavation foundations. Further information can be found in the King County Stormwater Manual adopted under Chapter 13.05 WMC.

“Lumen” means a measure of light energy generated by a light source. One footcandle is one lumen per square foot. For purposes of this definition, the lumen output shall be the initial lumen output of a lamp, as rated by the manufacturer.

“Luminance” means the light that is emitted by or reflected from a surface. Measured in units of luminous intensity (candelas) per unit area (square meters in SI measurement units or square feet in English measurement units). Expressed in SI units as cd/m, and in English units as foot lamberts. Sometimes also expressed as “nits,” a colloquial reference to SI units. Can be measured by means of a luminance meter. (Ord. 737 § 2 (Att. A), 2022)

21.11A.140 “M” definitions.

“Major exterior remodel” means any interior and exterior alteration to any existing building, structure or site that changes the exterior appearance and satisfies either of the following criteria:

(a) Estimated valuation of the alteration exceeds 50 percent of the valuation of the existing built facilities using the methods for valuation set forth in WMC 21.62.060; or

(b) The alteration includes construction of a new building addition exceeding 400 square feet of gross floor area.

“Manufactured home” means a single-family dwelling built in accordance with regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.). The term “manufactured home” does not include a recreational vehicle.

“Marijuana” or “marihuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include:

(a) 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; or

(b) “Hemp” or “industrial hemp” as defined in RCW 15.140.020; seeds used for licensed hemp production under Chapter 15.140 RCW.

“Mechanical equipment” means equipment, devices, and accessories, the use of which relates to water supply, drainage, heating, ventilating, air conditioning, manufacturing processes, and similar machinery supported purposes. This term does not apply to machinery whose purpose is to disperse goods and services directly to the public.

“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.

“Miniature golf” means a novelty golf game played with a putter on a miniature course usually having tunnels, bridges, sharp corners, and a variety of obstacles.

“Minor exterior remodel” means any interior and exterior alteration to any existing building, structure, or site having an estimated valuation of less than 50 percent using the methods for valuation set forth in WMC 21.62.060. Painting only is considered a minor exterior remodel.

“Mitigation” means to reduce the severity of an action or situation.

“Mobile home” means a factory-built dwelling built prior to June 15, 1976, to standards other than the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.), and acceptable under applicable State codes in effect at the time of construction or introduction of the home into this State.

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

“Modulation” means, when applied to design standards, a stepping back or projecting forward of portions of a building facade within specified intervals of building width and depth as a means of breaking up the apparent bulk of a structure’s continuous exterior walls.

“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.

“Monopole” means a single upright pole, engineered to be self-supporting, that does not require lateral cross supports and is sunk into the ground and/or attached to a foundation.

“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. (Ord. 737 § 2 (Att. A), 2022)

21.11A.150 “N” definitions.

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

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

“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.

“Nonconforming site” means a lot which does not conform to development regulations pertaining to the development of a site, including but not limited to landscaping, design standards applicable to the site, parking and loading, public access, vegetation management, and lighting.

“Nonconforming structure” means an existing structure which was lawful at the time it was built and was continuously maintained consistent with WMC 21.73.080, but subsequently fails by reason of adoption, revision, or amendment to a development regulation to fully comply with present dimensional and design regulations such as, but not limited to, critical areas and buffers, height, setbacks, design standards, or density. This term applies whether or not the nonconformance was permitted by variance.

“Nonconforming use” means any existing use, occupancy, or activity which was lawful at the time it was established and was continuously maintained consistent with WMC 21.73.080, but subsequently fails by reason of adoption, revision, or amendment to the Zoning Code to fully comply with the use regulations of the Zoning Code. A change in the required permit review process is not a cause for nonconformance. A nonconforming use may or may not involve buildings or structures and may involve part or all of a building or property.

“Northwest woodland character” means the character of early development of the Northwest that balanced the use of local materials (such as timber, high quality aggregates, and/or recycled or manufactured materials made to resemble natural materials) to construct buildings with the natural environment, including native trees and other vegetation. Examples and illustrations of buildings and developments having Northwest woodland character are included in WMC 21.33.380.

“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, or is part of a dense grove creating safety concerns or excessively obstructing sunlight. (Ord. 737 § 2 (Att. A), 2022)

21.11A.160 “O” definitions.

“Occupancy” means the purpose for which a building or site is used or intended to be used. The term also includes the building or room housing such use.

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

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

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

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

“Open space, natural” means land preserved in its undisturbed and natural state. Usually intended to be comprised of heavily treed steep slopes, wetlands, waterway corridors, or other critical areas but may include other areas where nature predominates, and the space is substantially free of structures, impervious surface, and other land altering activities of the built environment.

“Open space” means land areas that are not occupied by buildings, structures, parking areas, streets, or alleys and are mostly unobstructed to the sky directly above by manmade objects. “Open spaces” can include natural open space areas, landscaping, preservation of natural features, patios and similar surface structures, and recreational areas and facilities, excluding sports facilities.

“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.

“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. 737 § 2 (Att. A), 2022)

21.11A.170 “P” definitions.

Parcel. See definition of “Lot.”

“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 underground or aboveground parking that is contained within a building that may also contain other levels of parking, and/or residential, and/or commercial uses.

“Parking, surface” means an open area, other than a street, used for parking of motorized vehicles.

“Party of record” means:

(a) The applicant and any appellant;

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

(c) The City;

(d) 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;

(e) Any person or public agency who individually submitted written comments for or testified at a predecision hearing;

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

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

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

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

“Pedestrian-oriented building facades” means ground-floor facades which employ at least one of the following characteristics:

(a) Transparent window areas or window displays along at least 75 percent of the ground-floor facade in the area between two feet and eight feet above the sidewalk or walkway surface; or

(b) A combination of sculptural, mosaic, or bas-relief artwork, and transparent window areas or window displays covering at least 75 percent of the ground-floor story facade.

“Pedestrian-oriented space” means an area between a building and a street, access road, or a pedestrian path, which promotes visual and pedestrian access onto the site, and which provides pedestrian-oriented amenities and landscaping to enhance the public’s use of the space for passive activities such as resting, reading, picnicking, etc.

(a) A pedestrian-oriented space must include the following:

(i) Visual and pedestrian access (including ADA access) into the site from a street, private access road, or nonvehicular courtyard;

(ii) Paved walking surfaces of either concrete, stone, or other approved unit paving;

(iii) On-site or building-mounted lighting providing at least four foot-candles (average) over the pedestrian-oriented space;

(iv) Be located in areas with significant pedestrian traffic to provide interest and security, such as adjacent to a building entry;

(v) Landscaping components that add visual interest and do not act as a visual barrier and can include planting beds, potted plants, or both; and

(vi) At least two feet of seating area (a bench or ledge at least 16 inches deep and appropriate seating height), or one individual seat, per 60 gross square feet of pedestrian-oriented space.

A pedestrian-oriented space must also have:

(vii) Additional, pedestrian amenities, including two or more elements such as a water feature, site furniture beyond the minimum seating, artwork, drinking fountains, kiosks, clock tower, etc.;

(viii) Adjoining buildings must have pedestrian-oriented building facades;

(ix) Consideration of the sun angle at noon and the wind pattern in the design of the space; and

(x) Transitional zones along building edges to allow for outdoor seating areas and a planted buffer.

(b) A pedestrian-oriented space shall not have:

(i) Asphalt or gravel pavement;

(ii) Adjacent nonbuffered parking lots or service areas;

(iii) Adjacent chain-link fences;

(iv) Adjacent blank walls without blank wall treatment; and

(v) Outdoor storage or retail sales that do not contribute to the pedestrian-oriented environment.

“Pedestrian-oriented street” means the following streets:

(a) NE 175th Street, 133rd Avenue NE, 135th Avenue NE, 138th Avenue NE, and 140th Avenue NE within the Central Business District zone.

(b) State Route 202 located in or adjoining the Tourist Business and Tourist Industrial zones.

(c) An undefined north/south corridor connecting NE 171st Street and Woodinville-Snohomish Road in the vicinity of 135th Avenue NE.

“Pedestrian-oriented use (or business)” means a commercial enterprise whose customers commonly arrive by foot; or whose signage, advertising, window display, and entryways are oriented toward pedestrian traffic. “Pedestrian-oriented businesses” may include restaurants, retail shops, personal service businesses, travel services, banks (except drive-through windows), and similar establishments.

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

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

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

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

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

“Plat, preliminary” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements 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.

“Potable water” means water that is satisfactory for drinking, culinary, and domestic purposes, meeting current drinking water standards.

“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.

“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.

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

“Property line, interior” means property lines that are not abutting a street right-of-way or easement associated with a street.

“Property line, street” means the property line abutting a street right-of-way or easement associated with a street.

“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 facilities” means streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools.

“Public services” means fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.

“Public Works Director” means the person appointed by the City Manager, pursuant to WMC 2.09.030, with the powers and duties to administer the Public Works Department and the duties and responsibilities assigned thereto. (Ord. 737 § 2 (Att. A), 2022)

21.11A.180 “Q” definitions.

“Qualified professional” means a person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise and/or certification appropriate for the relevant subject. A qualified professional must have obtained a degree in biology, engineering, environmental studies, fisheries, geomorphology, or related field and, unless otherwise specified in this title, must have at least two years of related work experience.

(a) A qualified professional for streams and fish and wildlife habitat conservation areas or wetlands must have a degree in biology or related field and relevant professional experience.

(b) A qualified professional for a geologic hazard must be a professional engineer or geologist licensed in the State of Washington.

“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. 737 § 2 (Att. A), 2022)

21.11A.190 “R” definitions.

“Rain garden” means a planted depression that allows rainwater runoff from impervious urban areas like roofs, driveways, walkways, and compacted lawn areas the opportunity to be absorbed.

“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.

“Reconstruction” means to undertake construction within and/or on an existing structure which has a valid construction permit with fair-market construction costs greater than 50 percent of the replacement cost of the existing structure being enlarged, extended, repaired, remodeled, or structurally altered. All project phases necessary to result in a habitable building must be included. The calculation for fair market construction costs shall include all costs of construction associated with the structure for a period beginning on the date of permit issuance and ending 24 months after the date the permit is finalized and occupancy granted by the City.

“Recreational vehicle” 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:

(a) Travel trailer;

(b) Folding camping trailer;

(c) Park trailer;

(d) Truck camper;

(e) Motor home; and

(f) Multi-use vehicle.

“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.

“Residential use” means development in which people sleep and prepare food, other than developments used for transient occupancy.

“Restoration, critical area” means measures taken to restore an altered or damaged critical area including:

(a) Active steps taken to restore damaged wetlands, streams, protected habitats, or their buffers to the functioning condition that existed prior to an unauthorized alteration; and

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

“Retaining wall” means a wall not laterally supported on top, designed to resist the lateral displacement of soil and other imposed loads.

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

“Riparian areas” means the transition area between land and water environments. It is the upland area adjacent to streams, lakes, wetlands, and marine waters that can support the proper functioning of those waterbodies and provide habitat for wildlife.

“Rockery” or “rock wall” means a soil stabilizing structure composed of near vertical stacked rock that is not attached together by any bonding agent and designed to protect the soil face from erosion and sloughing. A “rockery” or “rock wall” is not designed to resist soil loads.

“Roof” means an external upper structure that covers or forms the top of a building and is supported by columns or walls. (Ord. 737 § 2 (Att. A), 2022)

21.11A.200 “S” definitions.

“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:

(a) Oncorhynchus clarkii – Cutthroat trout.

(b) Oncorhynchus gorbuscha – Pink salmon.

(c) Oncorhynchus keta – Keta or chum salmon.

(d) Oncorhynchus kisutch – Coho salmon.

(e) Oncorhynchus nerka – Sockeye and kokanee salmon.

(f) Oncorhynchus tshawytscha – Chinook salmon.

(g) Oncorhynchus mykiss – Rainbow and steelhead trout.

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

“Scale, architectural” means the perceived relative height and bulk of a building relative to that of neighboring buildings. A building’s apparent height and bulk may be reduced by modulating building facades.

“Scale, human” means the perceived size of a building relative to a human. A building is considered to have “good” human scale if there is an expression of human activity or use that indicates the building’s size. For example, traditionally sized doors, windows, and balconies are elements that respond to the size of the human body, so these elements in a building indicate a building’s overall size.

“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.

“Setback” means the minimum distance from the property line, access easement boundary, critical area buffer boundary, or other buffer line to where a structure may be built.

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

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

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

“Short subdivision” means the division or redivision of land into nine or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership, provided “tracts,” as defined in WMC 21.11A.210, shall not be considered a lot, tract, parcel, site, or division for purposes of this definition.

“Shrub” means a self-supporting woody perennial plant smaller than a tree characterized by having 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, abandoned” means a sign that no longer identifies or advertises an ongoing business, product, location, service, idea, or activity conducted on the premises on which the sign is advertising.

“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, awning/canopy” means a sign with copy painted or affixed flat to the surface of an awning or canopy which does not extend vertically or horizontally beyond the limits of such awning or canopy.

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

“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 face, sign area” means the surface upon, against or through which the graphic content or message of a sign is displayed or illustrated, not including structural supports, architectural features of a building or any areas that are separated from the background surface upon which the sign content or message is displayed by a distinct delineation, such as a reveal or border. See WMC 21.44.050 for measuring sign area.

“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 small nonilluminated information sign, emblem or decal informing the public of goods, products, services, or facilities, which are available on the premises, and is intended primarily for the convenience of the public while on such premises. Examples of such signs include, but are not limited to:

(a) Restrooms;

(b) Hours of operation;

(c) Acceptable credit cards;

(d) Garbage and recycling containers;

(e) ATM machines;

(f) Property ownership or management;

(g) Staff only;

(h) And similar.

“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 21.44 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, 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” means a lot or group of lots associated with a certain application, building or buildings, or other development.

“Site plan” means a scaled drawing that includes detailed layout of a development proposal and also shows lot lines, access roads, rights-of-way, major landscape features including trees, easements, environmentally sensitive areas, etc.

“Small cell wireless” shall have the same meaning as “small wireless facility” as set forth in 47 CFR 1.6002(1). This includes wireless service facilities that meet each of the following conditions:

(a) The facilities:

(i) Are mounted on structures 50 feet or less in height including the antennas;

(ii) Are mounted on structures no more than 10 percent higher than other adjacent structures; or

(iii) Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;

(b) Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;

(c) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;

(d) The facilities do not require antenna structure registration under 47 CFR Part 17; and

(e) The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards.

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

“Special use” means a use that deviates from normally accepted activities involving essential public facilities or regional land uses and is subject to conditions and standards placed on the proposed use to ensure compatibility with nearby uses.

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

“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.

“Stairwell” means a shaft in a building in which a staircase is built.

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

“Stream 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 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, access” when used with design standards means a private street that is independent of parking lot circulation and connects public streets or provides primary access to and within a site.

“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” or “frontage” means any portion of a lot, parcel, or tract abutting a street.

“Streetscape” means the visual character of a street as determined by various elements such as structures, greenery, open space, views, etc.

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

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

“Subdivision” means the division or redivision of land into 10 or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership; provided, “tracts,” as defined in WMC 21.11A.210, shall not be considered a lot, tract, parcel, site, or division for purposes of this definition.

“Subdivision, accumulative short” means multiple short subdivisions of contiguous existing lots held under common ownership, which would result in the creation of 10 or more lots within a five-year period of the initial short subdivision approval. “Ownership,” for the purpose of this definition, means ownership as established at the date of the initial short subdivision approval.

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

“Subordinate” means placed in or occupying a lower class, rank, or position; inferior.

“Substantial destruction” means to remove more than 50 percent of the exterior wall framing of a structure as it existed at the time it became nonconforming, as measured by the horizontal linear length of all existing exterior walls. Any partial removal of existing framing shall count towards the measurement of horizontal linear length the same as if the entire framing with that horizontal linear length was removed, except partial removal shall not include replacement of windows or doors when no beams or struts are removed.

“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 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:

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

(b) 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;

(c) Increases traffic by 10 or more a.m. or p.m. peak hour trips;

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

(e) Noticeably changes the original purpose or intent of a project permit application.

“Support structure” means the structure to which antennas and other necessary associated hardware are mounted, including, but not limited to, towers, electric transmission towers, water tanks, monopoles, utility poles, and existing nonresidential buildings. (Ord. 737 § 2 (Att. A), 2022)

21.11A.210 “T” definitions.

“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.

“Tower” means, for the purpose of Chapter 21.45 WMC, any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

“Tower, guyed” means 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.

“Tower, lattice” means a support structure that consists of metal crossed strips, bars, or braces, forming a tower which may have three, four, or more sides.

“Tower, monopole” means 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;

“Tract” means an extended area of land reserved exclusively for a special use such as but not limited to open space, protection of critical areas, surface water retention, utilities, or access. Tracts reserved for a special use are not considered buildable lots.

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

“Transmission equipment” means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

“Transportation demand management techniques” means strategies designed to change travel behavior to make more efficient use of existing facilities to meet travel demand. Examples of demand management techniques can include strategies that:

(a) Shift demand outside of the peak travel time;

(b) Shift demand to other modes of transportation;

(c) Increase the average number of occupants per vehicle;

(d) Decrease the length of trips; and

(e) Avoid the need for vehicle trips.

“Tree” means a self-supporting woody perennial plant excluding bushes and shrubs.

“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: (a) clearing, damaging, or poisoning resulting in an unhealthy or dead tree; (b) removal of at least half of the live crown; or (c) damage to roots or trunk that is likely to destroy the tree’s structural integrity.

“Turf” means the surface layer of land on which grass is growing, consisting of the grass and the soil in which its roots grow. (Ord. 737 § 2 (Att. A), 2022)

21.11A.220 “U” definitions.

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

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

Use, accessory. See definition of “Accessory.”

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

“Use, reasonable” 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. “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.

“Use, temporary” means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period. See Chapter 21.23 WMC. (Ord. 737 § 2 (Att. A), 2022)

21.11A.230 “V” definitions.

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

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

“Vernacular facade” means a unique expression of a building facade that is representative of a popular architectural expression that evolved in a specific geographic area or place during a particular period of time.

“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. (Ord. 737 § 2 (Att. A), 2022)

21.11A.240 “W” definitions.

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

“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” or “wetlands” means areas that are 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.

“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.

“WMC” means Woodinville Municipal Code. (Ord. 737 § 2 (Att. A), 2022)

21.11A.270 “Z” definitions.

“Zone” or “zoning” means an area delineated on the “official zoning map” which, in accordance with the provisions of this title, certain uses of lands, buildings, and structures are permitted and prohibited, and for which certain requirements are established for uses, buildings and structures. (Ord. 737 § 2 (Att. A), 2022)