Chapter 18.10
DEFINITIONS
Sections:
18.10.006 Abandonment or nonuse of wireless facilities.
18.10.015 Accessory dwelling unit.
18.10.037 Antenna support structure.
18.10.040 Arbor – Bower – Trellis.
18.10.045.5 Average exposed height.
18.10.048 Basement floor area.
18.10.070 Building, primary use.
18.10.090 Boat house – Boat port.
18.10.120 Covered moorage area.
18.10.130 Deck – Porch – Veranda.
18.10.155 Dwelling, single-family.
18.10.166 Equipment enclosure – Equipment building.
18.10.184 Floor area – Usable.
18.10.186 Floor area exclusions.
18.10.190 Freestanding deck or platform.
18.10.250 Gross floor area ratio.
18.10.270 Height of building (structure).
18.10.370 Mezzanine – Mezzanine floor.
18.10.430 Original grade reference line.
18.10.445 Permanent supportive housing.
18.10.460 Primary residential building.
18.10.525 Small wireless facility.
18.10.550 Stringline intersection point.
18.10.580 Structure reconstruction.
18.10.585 Technologically feasible.
18.10.593 Transitional housing.
18.10.596 Unlicensed wireless services.
18.10.597 Wireless service – Wireless service facilities – Facilities.
18.10.610 Waterfront structure.
18.10.001 Undefined words.
When any word used in this title is not specifically defined herein, its definition shall be that in Webster’s New Collegiate Dictionary of the English Language and where more than one definition is given, the most common or appropriate nonprofessional usage shall govern. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.006 Abandonment or nonuse of wireless facilities.
“Abandonment” or “nonuse of wireless facilities” means to cease operation for a period of 60 or more consecutive days. [Ord. 556 § 2 (Exh. B), 2022; Ord. 329 § 1, 1997]
18.10.010 Accessory building.
“Accessory building” means a detached building, the use of which is customarily incidental and accessory to the primary use of a site or a building located upon the same lot. [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.015 Accessory dwelling unit.
“Accessory dwelling unit” means a dwelling unit subordinate to the primary single-family dwelling unit which can be:
(1) Located within the primary residential building; or
(2) Located within an accessory building on the lot with the primary residential building. [Ord. 571 § 1 (Exh. A), 2024]
18.10.020 Accessory use.
“Accessory use” means any use which is customarily incidental and accessory to the primary use of a site or a building located upon the same lot. [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.030 Alter – Alteration.
“Alter” or “alteration” means any change, addition, or modification in construction or occupancy. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.035 Antenna.
“Antenna” means an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communication Commission authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term “antenna” does not include an unintentional radiator, mobile station, or device authorized under 47 CFR Part 15. An “antenna array” is one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omnidirectional antenna (rod), directional antenna (panel) and parabolic (disc). The antenna array does not include the support structure. [Ord. 556 § 2 (Exh. B), 2022; Ord. 329 § 2, 1997]
18.10.036 Antenna height.
“Antenna height” means the vertical distance between the lowest point of finished grade at point of contact with any part of the antenna support structure and the topmost part of the structure, the antenna or any appurtenances attached to the antenna support structure. [Ord. 556 § 2 (Exh. B), 2022; Ord. 329 § 3, 1997]
18.10.037 Antenna support structure.
“Antenna support structure” means any pole, telescoping mast, tower, tripod, any below-grade footings, foundations, piers, pilings, guys, anchors, or structure which supports a device used in the transmitting or receiving of radio frequency signals. [Ord. 556 § 2 (Exh. B), 2022; Ord. 329 § 4, 1997]
18.10.040 Arbor – Bower – Trellis.
“Arbor,” “bower,” or “trellis” means light, open, garden-type structures of vertical and/or horizontal elements designed, established and installed as a part of the landscape of the site which may or may not attach to a building. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.045 Attic.
“Attic” means that finished or unfinished space in a building, with or without a live load- bearing floor, between the ceiling framing of the top story and the underside of the roof above. [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 356 § 2, 1999]
18.10.045.5 Average exposed height.1
“Average exposed height” means the average of exposed height taken at horizontal intervals of 10 feet around the perimeter of the building. Elevations must be referenced to the bench mark for the building site. See also “exposed height.” [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 356 § 12, 1999]
18.10.046 Balcony.
“Balcony” means a railed elevated platform projecting from a wall of the building. [Ord. 556 § 2 (Exh. B), 2022; Ord. 356 § 3, 1999]
18.10.047 Basement.
“Basement” means any interior space to a building, with or without a floor, below the lowest floor of the building where the vertical distance between the bottom of the floor joists, or structural deck to the surface below exceeds six feet. There shall be only one basement in a building, and that basement shall have only one building level. [Ord. 556 § 2 (Exh. B), 2022; Ord. 356 § 4, 1999]
18.10.048 Basement floor area.
“Basement floor area” means the entire area of the basement level, including surrounding walls. [Ord. 556 § 2 (Exh. B), 2022; Ord. 356 § 5, 1999]
18.10.050 Building.
“Building” means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, or property. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.055 Building level.
“Building level” means that horizontal space within a building, with or without a load bearing floor, including attics and basements, crawl spaces, floors, stories and the like with lower and upper boundaries defined by elements of the building or surfaces under the building. [Ord. 556 § 2 (Exh. B), 2022; Ord. 356 § 6, 1999]
18.10.060 Building official.
“Building official” means the officer or other designated authority charged with the administration and enforcement of matters delegated in this title, or his or her duly authorized deputy. [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.070 Building, primary use.
“Primary use building” means the primary permitted building occupied by the primary permitted use of the zone in which the primary single-family residence is located. See also “primary residential building.” [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.080 Bulk regulations.
“Bulk regulations” means regulations relating to the minimum area of the zoning lot, front and rear yards, side yards, height of buildings, gross floor area, and gross floor area ratio. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.090 Boat house – Boat port.
“Boat house” or “boat port” means any structure having either a temporary or permanent roof and at least one wall that is designed for the storage of vessels over water. [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.093 Camouflaged.
“Camouflaged,” in the context of a wireless service facility, is a personal wireless service facility that is disguised, hidden or integrated with an existing structure that is not a monopole or tower, or a wireless service facility that is placed with an existing or proposed structure or new structure, tower, or mount within trees so as to be significantly screened from view. [Ord. 556 § 2 (Exh. B), 2022; Ord. 329 § 5, 1997]
18.10.094 Cell site – Site.
“Cell site” or “site” means a tract or parcel of land that contains wireless service facilities including any antenna, support structure, accessory buildings, and parking, and may include other uses associated with and ancillary to wireless services. [Ord. 556 § 2 (Exh. B), 2022; Ord. 329 § 6, 1997]
18.10.095 Co-location.
“Co-location” means:
(1) Mounting or installing an antenna facility on a preexisting structure; and/or
(2) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
(3) The definition of “co-location” in relation to eligible facilities requests shall use the definition contained in 47 CFR 1.6100(b)(2) or as may be hereinafter amended. [Ord. 556 § 2 (Exh. B), 2022; Ord. 329 § 7, 1997]
18.10.096 COW.
“COW” means “cell on wheels” or a temporary wireless communications facility, to be placed in use for 90 days or less. [Ord. 556 § 2 (Exh. B), 2022; Ord. 329 § 8, 1997]
18.10.100 Community center.
“Community center” means an area of publicly owned land upon which there is or may be located buildings or other improvements designed for the purpose of town government, community meetings, community recreation, educational facilities, and accessory parking. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.110 Court.
“Court” means an open, uncovered space, unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by exterior walls or other enclosing devices. [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.120 Covered moorage area.
“Covered moorage area” means the vertically projected area of the roof of any over-water structure. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.125 Crawl space.
“Crawl space” means any space, interior to the building, with or without a floor, below the lowest floor of the building where the vertical distance between the bottom of the floor joists or the structural deck to the surface below is six feet or less. [Ord. 556 § 2 (Exh. B), 2022; Ord. 356 § 7, 1999]
18.10.130 Deck – Porch – Veranda.
“Deck,” “porch,” or “veranda” means a structure attached to a wall of a building designed, established, and/or installed to provide for entrance or exit, outdoor living, cooking, and/or recreation, some sides of which are open and which may or may not have a permanent overhead covering. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.140 Dock.
“Dock” means a floating moorage structure, but can also be used in reference to fixed-pile piers. Refer to the full definition in the town of Hunts Point shoreline master program, Appendix A – Definitions. [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.150 Dolphin.
“Dolphin” means a spar, buoy, or piling used for mooring watercraft. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.155 Dwelling, single-family.
“Single-family dwelling” means a building containing but one kitchen, designed for and occupied exclusively by one family, except where an attached accessory dwelling unit has been approved. [Ord. 571 § 1 (Exh. A), 2024]
18.10.160 Dwelling unit.
“Dwelling unit” means a single unit providing complete, independent living facilities for one or more persons, not to exceed one family, and which includes permanent provisions for living, sleeping, eating, cooking, and sanitation. [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.162 Eaves.
“Eaves” means that part of the roof projecting beyond the exterior or outer face of a building wall or structural support member. [Ord. 556 § 2 (Exh. B), 2022; Ord. 356 § 8, 1999]
18.10.165 EIA.
“EIA” means the Electronics Industry Association. [Ord. 556 § 2 (Exh. B), 2022; Ord. 329 § 9, 1997]
18.10.166 Equipment enclosure – Equipment building.
“Equipment enclosure” or “equipment building” means a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communications signals. Associated equipment may include air conditioning, backup power supplies and emergency generators. [Ord. 556 § 2 (Exh. B), 2022; Ord. 329 § 10, 1997]
18.10.168 Exposed height.
“Exposed height” means the vertical difference between the finished grade and the bottom of the lower floor joist of the level above the basement. [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 356 § 11, 1999]
18.10.170 Family.
“Family” means one or more persons, either related or unrelated, living together as a single housekeeping unit in a single dwelling unit. [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.180 Floor area.
“Floor area” of a story or defined building level includes the total horizontal area of all of the following:
(1) The area within the exterior finished face of all building walls.
(2) The area, including the support structure and/or enclosing walls, of interior balcony and mezzanine floor levels accessed from that level.
(3) The area of stairways and landings counted only on the level from which the stairway rises.
(4) The useable area in excess of six feet in height under a stairway or landing only on the level providing access to the understair space.
(5) The area attributable to fireplaces and vents, shafts, chimneys and the like, open to the sky or passing through building levels above, only on the level of origination.
(6) The area which corresponds to the vertical projection of the roof or floor above for an outdoor covered patio or deck-porch-veranda.
(7) The area of a deck-porch-veranda on an upper story, whether covered or uncovered.
(8) The area of attached or freestanding patios, decks-porches-verandas, stairways, walkways, and similar structures without a roof or impervious cover, all attached parts of which are over four feet in height above the finished grade directly below. [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 356 § 9, 1999; Ord. 212 § 2, 1988]
18.10.184 Floor area – Usable.
“Usable floor area” means space within a building that includes, but is not limited to, bathrooms, toilet compartments, closets, halls, storage, utility space, mechanical space and similar floor areas that do not meet dimensional or other requirements of habitable space for Group R or other occupancies as defined by the building code, but may otherwise be occupied and used as part of the building’s function. [Ord. 556 § 2 (Exh. B), 2022; Ord. 356 § 10, 1999]
18.10.186 Floor area exclusions.
“Floor area exclusions” that can be deducted from the gross floor area in all residential zones are shown below:
(1) Category 1 Exclusions.
(a) Piers, wharves, covered moorage and other over-water structures.
(b) Area within an attic that cannot be used or converted to habitable space.
(c) Crawl space.
(d) Live load-bearing surfaces, not including the basement level, used solely for mechanical equipment support, access, and service shall be as follows:
(i) Up to 450 square feet in the R-40 zone.
(ii) Up to 250 square feet in the R-20 zone.
(iii) Up to 250 square feet in the R-20A zone.
(e) Mechanical space in the basement.
(f) Vents, shafts, or courts open to the sky and not originating on a floor or story.
(g) Areas under main-story eaves or roof overhangs up to 36 inches in depth from the furthermost exterior edge, including gutters, to the finish face of the building wall or exterior face of a supporting structural member.
(h) Areas under upper-story eaves or roof overhangs, including gutters, provided such areas do not constitute a deck-porch-veranda or could not be converted to a deck-porch-veranda.
(i) All area of attached or freestanding patios, decks-porches-verandas, stairways, walkways, and similar structures without a roof or impervious cover, all attached parts of which are equal to or less than four feet in height above the finished grade directly below.
(2) Category 2 Exclusions. At the owner’s option, the following floor areas may also be excluded from the gross floor area at the rate specified; provided, however, the combined floor area for the category 1 mechanical space exclusions and the category 2 exclusions do not exceed 16 percent of the maximum gross floor area for the site.
(a) Basement floor area, according to the following schedule:
Average Exposed Height* |
% Excluded From GFA |
---|---|
Less than 6 feet |
35% |
6 feet to less than 8 feet |
30% |
8 feet to less than 9 feet |
25% |
9 feet or more |
0 |
* Refer to HPMC 18.10.045.5 and 18.10.168 for definitions.
(b) A maximum area of 125 square feet directly under main story eaves in excess of 36 inches in depth.
(c) A maximum area of 250 square feet for an outdoor attached or freestanding patio or deck-porch-veranda which exceeds four feet in height above the finished grade directly below.
(d) A maximum area of 65 square feet for covered or uncovered portions of a porch or other entryway to a building.
(e) A maximum area of 125 square feet for a covered walkway. [Ord. 571 § 1 (Exh. A), 2024]
18.10.190 Freestanding deck or platform.
“Freestanding deck or platform” means an unattached freestanding structure without a cover and designed, established and installed to provide outdoor living, cooking, and/or recreation. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.200 Game court.
“Game court” means an area of ground defined by surfacing and/or fencing for the purpose of playing tennis, badminton, basketball and similar social games. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.210 Gazebo – Pavilion.
“Gazebo” or “pavilion” means a fully or partly roofed or covered freestanding structure fully or partly open at the sides designed, established and installed to provide outdoor living, cooking and/or recreation. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.220 Grade, finished.
“Finished grade” means the ground elevation after site development. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.230 Grade, original.
“Original grade” means the ground elevation prior to site development. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.240 Gross floor area exclusions.
Repealed by Ord. 571. [Ord. 556 § 2 (Exh. B), 2022; Ord. 490 § 1, 2012; Ord. 478 § 1, 2009; Ord. 421 § 1, 2003; Ord. 356 § 13, 1999; Ord. 212 § 2, 1988]
18.10.241 Gross floor area.
“Gross floor area” means the sum of all floor area on the building lot, less the sum of all allowed floor area exclusions. [Ord. 571 § 1 (Exh. A), 2024]
18.10.250 Gross floor area ratio.
“Gross floor area ratio” means the gross floor area divided by the lot area. [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.260 Guest house.
Repealed by Ord. 571. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.261 Guest(s).
“Guest(s)” means those who occupy upon invitation of the owner or lessee without charge or other consideration for such occupancy. [Ord. 571 § 1 (Exh. A), 2024]
18.10.270 Height of building (structure).
“Height of building (structure)” means the greatest distance measured vertically from the uppermost point of a building or structure (not including chimneys or satellite dish antennas which are one meter or less in diameter) to the original grade, original grade reference line or finish grade at point of structural contact. [Ord. 556 § 2 (Exh. B), 2022; Ord. 339 § 1, 1998; Ord. 212 § 2, 1988]
18.10.280 Hobby shop.
“Hobby shop” means an area located in the primary residential building, or an accessory or secondary building, used to provide hobby recreation for members of the family or their guests only, and not used for purposes of manufacturing or building any product for wholesale or retail sale. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.285 Housekeeping unit.
“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. [Ord. 571 § 1 (Exh. A), 2024]
18.10.290 Inundated land.
“Inundated land” means any portion of a lot which is naturally or artificially submerged by any part or extension of Lake Washington, or any other natural body of water, for any time during the year. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.300 Lot area.
“Lot area” means the total horizontal area included within the lot lines of a zoning lot, excluding the inundated portions of the lot. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.310 Lot centerline.
“Lot centerline” means a line midway between the side lot lines of a zoning lot. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.315 Lot depth.
“Lot depth” means the least distance between the front lot line and the rear lot line of a zoning lot. [Ord. 571 § 1 (Exh. A), 2024]
18.10.318 Lot width.
“Lot width” means the greatest distance between the side lot lines of a zoning lot. [Ord. 571 § 1 (Exh. A), 2024]
18.10.320 Lot line, front.
“Front lot line” means the shoreline for lots abutting a body of water or waterway; otherwise the front lot line is the street line. For corner lots not abutting the water the applicant for a building permit may select either street line as the front lot line, provided a nonconforming condition is not thereby created. [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 246 § 2, 1991; Ord. 212 § 2, 1988]
18.10.330 Lot line, rear.
“Rear lot line” means the street line for lots abutting a body of water or waterway; otherwise it is any lot line other than a street line which is parallel to the front lot line, or within 45 degrees of being parallel to the front lot line. [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.340 Lot line, side.
“Side lot line” means any lot line which is not a front or rear lot line. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.350 Lot of record.
“Lot of record” means any lot which, at the date of incorporation of the town of Hunts Point, existed in separate ownership or was established by a recorded plat prior thereto, or subsequently was established by a recorded plat in accordance with the provisions of the subdivision ordinance of the town of Hunts Point. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.360 Lot, zoning.
“Zoning lot” means a single tract of land, located within a single block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership and control, and is assigned the particular use for which the building permit is issued. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 13, 1988]
18.10.362 Macro facilities.
“Macro facility” or “macro facilities” means a wireless service facility that does not meet the definition of “small wireless facility” as defined in this chapter. [Ord. 556 § 2 (Exh. B), 2022]
18.10.370 Mezzanine – Mezzanine floor.
“Mezzanine” or “mezzanine floor” means an intermediate floor placed within a building level or story or room within a building. [Ord. 556 § 2 (Exh. B), 2022; Ord. 356 § 14, 1999; Ord. 212 § 2, 1988]
18.10.380 Moorage.
“Moorage” means any device or structure used to secure a vessel for temporary anchorage, but which is not attached to the vessel. [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.390 Moorage facilities.
“Moorage facilities” means those installations or facilities including docks, piers, wharves, platforms, ramps, dolphins, buoys, quays, or bulkheads, or any place or structure connected with the shore or upon shorelands provided for the securing of a boat or waterborne craft. [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.395 Mount.
“Mount” means the structure or surface upon which wireless service facilities are mounted. There are three types of mounts: (a) building-mounted, which is a wireless service facility mount fixed to the roof or side of a building; (b) ground-mounted, which is a wireless service facility mount fixed to the ground, such as a tower; and (c) structure-mounted, which is a wireless service facility fixed to a structure other than a building, such as light standards, utility poles, and bridges. [Ord. 556 § 2 (Exh. B), 2022; Ord. 329 § 11, 1997]
18.10.400 Nameplate.
“Nameplate” means a sign showing the name of the resident and/or their address and/or property name. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.410 Occupancy.
“Occupancy” means the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.420 Ornamentation.
“Ornamentation” means a structure erected for aesthetic and functional purposes which is designed to protect from view, wind or sun, to provide for secluded areas, to create landscaped surroundings, any of which may include, among other things, terrace, trellis, fence, pierced or unpierced wall. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.430 Original grade reference line.
“Original grade reference line” means the line made by constructing a line perpendicular to the centerline of the building lot connecting the intersection points of the minimum side yard setback line with the line of the original grade. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.435 Owner.
“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 contract for the sale of real property. [Ord. 571 § 1 (Exh. A), 2024]
18.10.437 Owner occupancy.
“Owner occupancy” means a property owner, as reflected in the title records, who makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means, and actually resides at the site more than six months out of any given year, and at no time receives rent for the owner-occupied unit. [Ord. 571 § 1 (Exh. A), 2024]
18.10.440 Patio.
“Patio” means a 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. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.445 Permanent supportive housing.
“Permanent supportive housing” as defined in RCW 36.70A.030 which includes subsidized, leased housing with no limit on length of stay, paired with on-site and off-site voluntary services designed to support a person living with a disability to be a successful tenant in a housing arrangement, improve the resident’s health status, and connect residents of the housing with community-based healthcare, treatment, and employment services. [Ord. 571 § 1 (Exh. A), 2024]
18.10.450 Pier – Wharf.
“Pier” or “wharf” means a fixed, pile-supported structure. [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.460 Primary residential building.
“Primary residential building” means the building in which the primary single-family dwelling unit is contained. [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.462 Provider.
“Provider,” as used in Chapter 18.43 HPMC, means every corporation, company, association, joint stock company, firm, partnership, limited liability company, other entity and individual which provides wireless service over wireless service facilities. [Ord. 556 § 2 (Exh. B), 2022; Ord. 329 § 12, 1997]
18.10.470 Quay.
“Quay” means a waterside bulkhead or wall and used for the purpose of mooring boats. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.480 Repair.
“Repair” means the reconstruction or renewal of any part of an existing structure for the purpose of its maintenance or to correct damage. [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.490 Secondary building.
Repealed by Ord. 571. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.500 Secondary use.
Repealed by Ord. 571. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.510 Setback.
“Setback” means a set distance measured from a property line to the property interior within which placement of any part of a structure is prohibited unless otherwise specifically permitted by provisions of this title. [Ord. 556 § 2 (Exh. B), 2022; Ord. 246 § 2, 1991; Ord. 212 § 2, 1988]
18.10.520 Shoreline.
“Shoreline” means the line defined by elevation contour 18.75 (referenced to the North American Vertical Datum of 1988) as established by the U.S. Army Corps of Engineers. [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.523 Short-term rental.
“Short-term rental” means a lodging use, that is not a hotel or motel, in which a dwelling unit or portion thereof is offered or provided to a person(s) by a short-term rental operator for a fee for fewer than 30 consecutive nights. In contrast, a dwelling unit, or portion thereof, that is used by the same person(s) for 30 or more consecutive nights is not a short-term rental. [Ord. 571 § 1 (Exh. A), 2024]
18.10.525 Small wireless facility.
“Small wireless facility” means:
(1) Those facilities that:
(a) Are mounted on structures 50 feet or less in height including their antennas as defined in 47 CFR 1.20(d); or
(b) Are mounted on structures no more than 10 percent taller than other adjacent structures; or
(c) 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;
(2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in 47 CFR 1.1320(d)), is no more than three cubic feet in volume;
(3) 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;
(4) The facilities do not require antenna structure registration with the FCC;
(5) The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and
(6) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b). [Ord. 556 § 2 (Exh. B), 2022]
18.10.530 Story.
“Story” means that portion of a building included between the upper surface of a 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 occupiable floor and the ceiling or roof. [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 356 § 15, 1999; Ord. 212 § 2, 1988]
18.10.540 Stringline.
“Stringline” means, for a waterfront lot in the R-40 zone, a straight line connecting the stringline intersection points of the two adjacent zoning lots (see illustration, Appendix A). [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.550 Stringline intersection point.
“Stringline intersection point” means, for a waterfront lot in the R-40 zone, the intersection of the zoning lot centerline and a line drawn at right angles to such centerline and passing through the point on the primary dwelling having the greatest projection toward the waterfront (see illustration, Appendix A). [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.560 Stringline setback.
“Stringline setback” means the front yard setback line for a waterfront lot in the R-40 zone defined by the line drawn normal (at right angles) to the lot centerline and passing through the intersection of said centerline with the stringline established by the primary dwellings on the two adjacent properties (see illustration, Appendix A). [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.570 Structure.
“Structure” means that which is erected, built or constructed, including a temporary or permanent edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Paving or other surfacing composed of unreinforced concrete, pavers, brick, asphalt, or other surfacing material shall not be considered structures when fully and directly supported by the underlying earth. [Ord. 571 § 1 (Exh. A), 2024; Ord. 556 § 2 (Exh. B), 2022; Ord. 246 § 2, 1991; Ord. 212 § 2, 1988]
18.10.580 Structure reconstruction.
“Structure reconstruction” means whenever the aggregate value of proposed work to a structure during any one-year period exceeds 60 percent of the current year’s assessed value for property tax purposes as determined by the King County assessor. [Ord. 556 § 2 (Exh. B), 2022; Ord. 246 § 2, 1991; Ord. 212 § 2, 1988]
18.10.585 Technologically feasible.
An action that is required to achieve project approval, such as a design requirement, development condition, mitigation, or preservation requirement, and that meets all of the following conditions:
(1) The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results;
(2) The action provides a reasonable likelihood of achieving its intended purpose; and
(3) The action does not physically preclude achieving the project’s primary intended legal use. The burden of proving infeasibility is on the applicant. [Ord. 556 § 2 (Exh. B), 2022]
18.10.590 Terrace.
“Terrace” means a level platform or shelf of earth supported on one or more faces by a wall, bank of turf, or the like. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.593 Transitional housing.
“Transitional housing” means a project that provides housing and supportive services to homeless persons or families for up to two years and that has as its purpose facilitating the movement of homeless persons and families into independent living. [Ord. 571 § 1 (Exh. A), 2024]
18.10.596 Unlicensed wireless services.
“Unlicensed wireless services” means commercial mobile services that operate on public frequencies and do not need a license from the Federal Communications Commission (“FCC”). [Ord. 556 § 2 (Exh. B), 2022; Ord. 329 § 13, 1997]
18.10.597 Wireless service – Wireless service facilities – Facilities.
“Wireless service,” “wireless service facilities,” and “facilities,” as used in Chapter 18.43 HPMC, shall be defined in the same manner as in 47 U.S.C. § 332(c)(7)(C), as they may be amended now or in the future and includes facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, communications services, enhanced specialized mobile radio, and any other wireless services licensed by the Federal Communications Commission (“FCC”) and unlicensed wireless services, which includes the entire assembly of equipment, equipment enclosures, underground service facilities and utilities, antenna support structures, antenna or antennas, security fencing, and attached appurtenances. The term shall include, but not be limited to, both macro facilities and small wireless facilities. [Ord. 556 § 2 (Exh. B), 2022; Ord. 329 § 14, 1997]
18.10.600 Use.
“Use” means the purpose for which land or a building or structure is designed, arranged or intended, or for which it is occupied or maintained, let or leased. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.605 Use, primary.
“Primary use” means the main or primary purpose for which land, a building, or a structure is designed, arranged, or intended, or for which it may be used, occupied or maintained under the Hunts Point Municipal Code. [Ord. 571 § 1 (Exh. A), 2024]
18.10.610 Waterfront structure.
“Waterfront structure” means any structure built at or along the shoreline or over the shorelands and including particularly bulkheads and moorage facilities. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.620 Wharf.
See definition of “pier.” [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.630 Yard, front.
“Front yard” means, on lots abutting a body of water, an open space extending the full width of the lot between a primary residential building and the shoreline, the depth of which shall be the least distance between the shoreline and the front of the primary residential building; on lots not abutting a body of water, an open space extending the full width of the lot the depth of which is the least distance from the lot line abutting the public right-of-way to the front of the primary residential building. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.640 Yard, rear.
“Rear yard” means, on lots abutting a body of water, an open space extending the full width of the lot the depth of which shall be the least distance between, from the lot line abutting the public right-of-way to the primary residential building, and on lots not abutting a body of water, an open space extending the full width of the lot the depth of which shall be the least distance between the rear lot line of the lot and the primary residential building. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
18.10.650 Yard, side.
“Side yard” means an open space extending from the front yard to the rear yard, between the nearest extension of the primary residential building and the side lot line, measured horizontally from the nearest point of the side lot line to the nearest extension of the primary residential building. [Ord. 556 § 2 (Exh. B), 2022; Ord. 212 § 2, 1988]
Code reviser’s note: “Average exposed height” was added by Ord. 356 as HPMC 18.10.045. It has been renumbered to avoid duplication.