Chapter 17.04 DEFINITIONS

A. This title, embodying and making effective the land use plans of Clyde Hill, shall be known as the “Clyde Hill Zoning Code,” and for the purpose of this title certain words and terms are defined as set out in this chapter.

B. Words used in the present tense include the future; words in the singular number include the plural, and words in the plural number include the singular; the word “building” includes the word “structure”; the word “shall” is mandatory and not directory. The term “council” means the council of the city of Clyde Hill and “hearing examiner” means the hearing examiner of the city of Clyde Hill.

C. When any word used in this title is not specifically defined in this chapter, its definition shall be that in Webster’s New International Dictionary of the English Language and where more than one definition is given, the most common usage shall govern. (Ord. 959 § 5, 2018; Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.010)

17.04.020 Accessory building.

“Accessory building” means a subordinate building or portion of the main building, the use of which is incidental to that of the main building on the same lot. Where an accessory building is attached to and made a part of the main building, then the accessory building shall be considered an integral part of the main building and such accessory building shall comply in all respects with the requirements of this title applicable to the main building. An accessory building, unless attached to and made a part of the main building as provided for in this section, shall not be closer than three feet to the main building. (Ord. 805 § 1, 1999; Ord. 644 § 1, 1991; Ord. 496 § 16, 1984; Ord. 363 § 1, 1976; Ord. 74 § 2, 1959. Formerly 17.08.020)

17.04.025 Accessory dwelling unit.

“Accessory dwelling unit” means a dwelling unit subordinate to the single-family dwelling unit which: (1) is attached to and made a part of a single-family dwelling unit; or (2) is attached to and made a part of a detached garage for the single-family dwelling unit. An accessory dwelling unit contains: (1) bathroom facilities that include a toilet, sink and a shower or bathtub; (2) kitchen or food storage and preparation facilities and a sink; (3) a living and sleeping area set apart or separated from other living areas by doors, walls, stairways, hallways or common areas; (4) a private entry; and (5) meets all the requirements of Chapter 17.39 CHMC. (Ord. 805 § 1, 1999; Ord. 706 § 1, 1994. Formerly 17.08.025)

17.04.030 Accessory use.

“Accessory use” means a use customarily incidental and accessory to the principal use of the lot or a building or other structure located upon the same lot. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.030)

17.04.032 Access easement.

“Access easement” is a private easement given to a property owner that permits vehicle, pedestrian and other access to that owner’s property over the private property of another. An access easement is not a right-of-way. (Ord. 805 § 1, 1999)

17.04.035 Adult family home.

“Adult family home” means a facility licensed pursuant to Chapter 70.128 RCW, which is the regular family abode of a person or persons who are providing personal care, room and board to one or more adult(s) not related by blood or marriage to the person providing the services. (Ord. 805 § 1, 1999; Ord. 699 § 1, 1994. Formerly 17.08.035)

17.04.040 Alley.

“Alley” means a public right-of-way, 20 feet or less in width, which affords a secondary means of access to abutting property. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.040)

17.04.050 Apartment house.

“Apartment house” means any building or portion thereof which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their cooking in the same building. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.050)

17.04.060 Arterial grade.

“Arterial grade” is the grade at the centerline of the right-of-way normal to the property line. (Ord. 805 § 1, 1999)

17.04.065 Basement.

“Basement” means a story at least partly underground and having at least one-half of its height, measured from its floor to its finished ceiling, below the average adjoining grade. A basement shall be counted as a story if the vertical distance from the average grade to its ceiling is over five feet. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.060)

17.04.070 Building.

“Building” means any structure built for the support, shelter or enclosure of persons, animals or chattels and when separated by division walls without openings, each portion so separated shall be deemed a separate building. Building dimensions for all purposes are to be considered the dimensions of the vertical projections, to the ground level, of the outermost parts of the structure and include but are not restricted to porches, overhung portions of the roof, garages, cantilevered portions, etc. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.070)

17.04.080 Building height.

“Building height” means the vertical distance at any point of a building or structure measured from the original grade. (Ord. 805 § 1, 1999; Ord. 174 § 1, 1964; Ord. 74 § 2, 1959. Formerly 17.08.080)

17.04.090 Building site.

“Building site” means the aggregate horizontal cross-sectional ground area of a building, or buildings and accessory buildings, together with all open spaces free of buildings and structures as required by this title. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.090)

17.04.100 Carport.

“Carport” means an accessory building or accessory portion of the main building which consists of a covered shelter enclosed on not more than two sides. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.100)

17.04.110 Cellar.

A “cellar” is a basement. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.110)

17.04.120 Chase.

“Chase” is a structure that encloses a chimney and is considered part of a building or structure. A chase is not a chimney. (Ord. 805 § 1, 1999)

17.04.130 Chimneys, flues or vents.

“Chimneys,” “flues,” or “vents” are conduits or passageways, vertical or nearly so, for conveying products of combustion to the outer air. (Ord. 805 § 1, 1999; Ord. 392, 1977; Ord. 74 § 2, 1959. Formerly 17.08.120)

17.04.140 Club.

“Club” means an association of persons for some common purpose but not including groups organized primarily to render a service which is customarily carried on as a business. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.130)

17.04.150 Comprehensive plan.

“Comprehensive plan” means a generalized coordinated land use policy statement of the governing body of the city that is adopted pursuant to Chapter 36.70A RCW. (Ord. 805 § 1, 1999; Ord. 742 § 6, 1996; Ord. 74 § 2, 1959. Formerly 17.08.140)

17.04.155 Dish antenna.

“Dish antenna” means a round parabolic device for the reception and/or transmission of radio frequency communication signals. (Ord. 805 § 1, 1999)

17.04.156 Dish antenna, large.

A “large dish antenna” shall be any dish antenna over one meter in diameter. (Ord. 805 § 1, 1999)

17.04.157 Dish antenna, small.

A “small dish antenna” shall be any dish antenna one meter in diameter or less. (Ord. 805 § 1, 1999)

17.04.160 Driveway.

“Driveway” means an access way that is part of a lot and that services no more than one residence. A driveway is not a private road. See Chapter 17.44 CHMC for private road regulations. (Ord. 805 § 1, 1999)

17.04.170 Dwelling, group.

“Group dwelling” means a combination arrangement of dwellings, whether detached or not, on one building site. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.150)

17.04.180 Dwelling, multiple-family.

“Multiple-family dwelling” means a building designed and/or used to house three or more families living independently of each other and including all necessary household employees of each such family. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.160)

17.04.190 Dwelling, single-family.

“Single-family dwelling” means a building designed and/or used to house not more than one family, including all necessary household employees of such family, and having only one kitchen facility. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.170)

17.04.200 Dwelling, two-family.

“Two-family dwelling” means a building designed and/or used to house not more than two families, living independently of each other, including all necessary household employees of each such family, and having not more than two kitchen facilities. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.180)

17.04.210 Family.

“Family” means individuals domiciled together in one dwelling unit whose relationship is of a domestic character and who are cooking and living together as a single, housekeeping unit, but the number of individuals occupying the dwelling unit shall not exceed the occupancy limits as provided in the Washington Building Code currently in effect. (Ord. 805 § 1, 1999; Ord. 701 § 1, 1994; Ord. 74 § 2, 1959. Formerly 17.08.190)

17.04.220 Family home child care.

“Family home child care” means a state licensed family home child care provider as defined in WAC 170-296A-0010, who regularly provides child care for not more than 12 children in the provider’s home in the family living quarters and is required to be licensed as provided in WAC 170-296A-1025 as amended from time to time. (Ord. 954 § 2, 2017; Ord. 805 § 1, 1999; Ord. 699 § 1, 1994. Formerly 17.08.195)

17.04.230 Fence.

A “fence” shall be any barrier that is naturally grown or constructed for purposes of confinement, means of protection or use as a boundary. (Ord. 805 § 1, 1999; Ord. 287 § 2, 1971; Ord. 74 § 2, 1959. Formerly 17.08.200)

17.04.240 Garage, private.

“Private garage” means a building or an accessory portion of the main building designed and/or primarily used only for shelter or storage of self-propelled vehicles, and may also be used for storage, as a workshop, or include a room on the upper level. (Ord. 805 § 1, 1999; Ord. 644 § 2, 1991; Ord. 74 § 2, 1959. Formerly 17.08.210)

17.04.250 Home occupation.

“Home occupation” means any vocation, avocation, trade, or profession carried on within a dwelling or an accessory building of a main building by the inhabitants, but not including commercial raising of animals and fowl. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.220)

17.04.255 Impervious coverage.

“Impervious coverage” means those hard surfaced areas which either prevent or retard the entry of water into the soil in the manner that such water entered the soil under natural conditions preexisting any development on the property, and/or those hard surface areas which cause water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions pre-existing any development on the property, including, but not limited to, such surfaces as patios, platforms, decks, pools, spas, sport or recreation courts, walkways, driveways, storage areas, gravel, oiled macadam and areas included in structural coverage, and any other surfaces which similarly affect the natural infiltration or runoff patterns existing prior to development. (Ord. 805 § 1, 1999)

17.04.260 Kitchen.

“Kitchen” means any room used or intended or designed to be used for cooking and/or preparation of food. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.230)

17.04.270 Lot.

“Lot” means a parcel of land on which a principal or main building and its accessories are placed, together with the open spaces therein, or a subdivision of a block as shown by any recorded plat of an addition to or a subdivision of the county; or any portion or area of land in a single unit and under one ownership whether platted or unplatted. If one or more lots are built upon as a unit of property and under one ownership they shall, for the purpose of this title, be considered a single lot. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.240)

17.04.280 Lot, corner.

“Corner lot” means a lot located at the junction of and fronting on two or more intersecting rights-of-way, with a boundary line bordering on each of the rights-of-way. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.250)

17.04.290 Lot, interior.

“Interior lot” means a lot which is not a “corner lot”. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.260)

17.04.300 Lot lines.

“Lot lines” means the boundaries of a lot. (Ord. 805 § 1, 1999; Ord. 174 § 1, 1964; Ord. 74 § 2, 1959. Formerly 17.08.270)

17.04.310 Lot, through.

“Through lot” means a lot having frontage on two rights-of-way which do not join or intersect at any point adjacent to said lot. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.280)

17.04.315 Manufactured home.

“Manufactured home” means a factory-built structure built after June 15, 1976, in compliance with 42 U.S.C. Section 5401 et seq., designed and constructed to be transportable in one or more sections built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation. (Ord. 805 § 1, 1999)

17.04.316 Manufactured home, designated.

A “designated manufactured home” is a manufactured home which:

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

B. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3:13 pitch; and

C. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences. (Ord. 805 § 1, 1999)

17.04.317 Mobile home.

“Mobile home” means a factory-built dwelling built prior to June 15, 1976, to standards other than the HUD code (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 mobile home into the state. Mobile homes have not been built since introduction of the HUD manufactured home construction and safety standards act (42 U.S.C. Section 5401 et seq.). (Ord. 805 § 1, 1999)

17.04.320 Net floor area.

“Net floor area” is the usable area of a building, calculated by determining the total area of the building, then excluding the exterior and interior walls. (Ord. 805 § 1, 1999)

17.04.330 Original grade.

“Original grade” means the topographic characteristics of the lot, tract or parcel as existed at the time of incorporation of the city (March, 1953) as determined by the public works director based upon information provided by the property owner, including, but not limited to, the following: a survey performed by a licensed surveyor, prior recorded plats, and/or a physical examination of the property by a licensed soils engineer. (Ord. 805 § 1, 1999; Ord. 287 § 2, 1971; Ord. 74 § 2, 1959. Formerly 17.08.290)

17.04.335 Permanent supportive housing.

“Permanent supportive housing” means subsidized, leased housing owned, operated, or managed by a nonprofit organization or governmental agency with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is subject to all of the rights and responsibilities defined in Chapter 59.18 RCW. (Ord. 997 § 2, 2023)

17.04.340 Person.

“Person” means any individual, partnership, corporation, association, public or private organization of any character. (Ord. 805 § 1, 1999; Ord. 709 § 1, 1995. Formerly 17.08.295)

17.04.350 Place of habitation.

“Place of habitation” means a building or structure, or part thereof, required to have a permanent location and be occupied by one or more families who live therein. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.300)

17.04.355 Private road.

A “private road” is a privately owned area of land that is used, established or set aside for the purpose of vehicle or pedestrian access. See Chapter 17.44 CHMC for private road regulations. (Ord. 805 § 1, 1999)

17.04.356 Pipe stem driveway.

A “pipe stem driveway” is a portion of a lot that extends to the right-of-way for the purpose of providing vehicle or pedestrian access to a lot that does not otherwise border or abut the right-of-way. (Ord. 805 § 1, 1999)

17.04.360 Public parking area.

“Public parking area” means an area devoted to the parking of vehicles, other than the parking area incidental to a residence. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.310)

17.04.370 Raised pool cover.

“Raised pool cover” means any inflatable or structural cover over a swimming pool in excess of one foot above the pool deck. (Ord. 805 § 1, 1999; Ord. 376 § 1, 1976; Ord. 74 § 2, 1959. Formerly 17.08.320)

17.04.380 Retaining wall.

“Retaining wall” means a structure constructed for the purpose of restraining lateral movement of soil, including rip-rap rockeries where the rock is keyed together to act as a retaining structure. (Ord. 805 § 1, 1999; Ord. 287 § 2, 1971; Ord. 74 § 2, 1959. Formerly 17.08.330)

17.04.390 Right-of-way.

“Right-of-way” means an area of land dedicated to, or owned by, the city or other government agency and established or set aside for street, highway, interstate (S.R. 520) or pedestrian purposes, within which utilities and sidewalks may be located, and including both the improved and unimproved portions thereof. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.340)

17.04.400 Seat.

“Seat” means any chair, bench, or similar equipment capable of being sat upon by a human being. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.350)

17.04.410 Seating capacity.

“Seating capacity” is determined on the basis of one seat for each eight square feet of floor space available for permanent and temporary seating. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.360)

17.04.420 Setback.

“Setback” is a general term applying to the distances referred to in front, side and rear yard requirements, measured from the lot line to the eave line or the outermost extremity of a building or structure, whichever is closer to the lot line. For purposes of calculating setback distance where there is a street right-of-way, alley, access easement, or private road through the property, the measurement shall be taken from the edge of the right-of-way, alley, easement or road which is nearest the structure. (Ord. 805 § 1, 1999; Ord. 591 § 1, 1988; Ord. 174 § 1, 1964; Ord. 74 § 2, 1959. Formerly 17.08.370)

17.04.430 Stand, temporary.

Deleted by Ord. 805. (Ord. 74 § 2, 1959. Formerly 17.08.380)

17.04.440 Storm sewers.

“Storm sewers” means facilities for the control and disposal of surface and ground water runoff, developed in compliance with the provisions of this title and all amendments thereto, as well as in accordance with the provisions of CHMC Title 16, Subdivisions, and all amendments thereto. (Ord. 805 § 1, 1999; Ord. 352, 1975; Ord. 342, 1974; Ord. 74 § 2, 1959. Formerly 17.08.390)

17.04.450 Story.

“Story” means any portion of a building included between the floor and the ceiling next above it, or between the under-surface of the roof directly over a particular floor. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.400)

17.04.460 Street.

“Street” means that portion of a right-of-way that has been improved in accordance with the ordinances of the city governing specifications for road improvements. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.410)

17.04.470 Structural alterations.

“Structural alterations” means any changes in the supporting members of a building or structure such as bearing walls, columns, beams, or girders, floor joists or roof joists. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.420)

17.04.475 Structural coverage.

“Structural coverage” means area covered by buildings and/or structures; provided, that the following structures are excluded from the calculation of structural coverage when not more than 30 inches above original grade and not over any basement or story below: patios, platforms, decks, pools, spas, sport or recreation courts, walkways, and driveways. (Ord. 805 § 1, 1999)

17.04.480 Structure.

“Structure” means anything constructed or erected and the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground, including, but not limited to, fences in excess of six feet in height, recreational facilities and retaining walls. (Ord. 805 § 1, 1999; Ord. 430 § 1, 1981; Ord. 354 § 1, 1975; Ord. 287 § 1, 1971; Ord. 119 § 1, 1961; Ord. 74 § 2, 1959. Formerly 17.08.430)

17.04.485 Transitional housing.

“Transitional housing” means a project owned, operated, or managed by a nonprofit organization or governmental agency that provides housing and supportive services to homeless persons or families for up to two years. (Ord. 997 § 2, 2023)

17.04.490 Use and occupancy permit.

“Use and occupancy permit” means a permit issued as evidence that the permittee has complied or is complying with this zoning code and continues to adhere to the conditions set forth in such permit. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.440)

17.04.500 Yard.

“Yard” means an unoccupied space on a lot on which a building is situated, and except where otherwise provided in this title, open and unobstructed from the ground to the sky. (Ord. 805 § 1, 1999; Ord. 74 § 2, 1959. Formerly 17.08.450)

17.04.510 Yard, front.

“Front yard” means a yard extending across the front of the lot between right-of-way line and main structure and measured between the right-of-way line of the lot and the eave line or the outermost projection or extremity of a building, structure or accessory building, whichever is closer to the lot line. For yards with more than four sides, see CHMC 17.08.110. For corner lots or through lots, see Chapter 17.16 CHMC. (Ord. 805 § 1, 1999; Ord. 174 § 1, 1964; Ord. 74 § 2, 1959. Formerly 17.08.460)

17.04.520 Yard, rear.

“Rear yard” means a yard measured between the rear line of the lot (not necessarily a right-of-way line) and the eave line or the outermost projection or extremity of a building, structure or accessory building, whichever is closer to the lot line. (Ord. 805 § 1, 1999; Ord. 174 § 1, 1964; Ord. 74 § 2, 1959. Formerly 17.08.470)

17.04.530 Yard, side.

“Side yard” means a yard on each side of the building between the building and the side line of the lot, measured to the eave line or the outermost projection or extremity of the building, whichever is closer to the lot line. (Ord. 805 § 1, 1999; Ord. 174 § 1, 1964; Ord. 74 § 2, 1959. Formerly 17.08.480)

Code reviser’s note: Ord. 805 renumbered Chapters 17.04 and 17.08. Former CHMC 17.04.060, 17.04.070, and 17.04.080 derived from Ord. 714 §§ 3, 4, 5, and were repealed by Ord. 742.