Chapter 14.08 BASIC DEFINITIONS AND INTERPRETATIONS

Chapter 14.08
BASIC DEFINITIONS AND INTERPRETATIONS

Sections:

14.08.010 Definitions of Basic Terms.

Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this title.

Access Easement. An easement for vehicle access over another piece of property and dedicated primarily for ingress/egress to one or more lots.

Access Tract. A privately owned tract of land used primarily for ingress/egress for four or fewer dwelling units.

Accessory Dwelling Unit. An additional dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit.

Accessory Use. (See Section 14.40.040)

Accommodation Services. Facilities that provide lodging or short-term accommodations for travelers, vacationers, and others that include bed and breakfasts, hotels, inns, and motels.

Adjusted Gross Density. The number of dwelling units divided by the net buildable area.

Administrative Conditional Use (previously Special Use). A use allowed in a zone after review by the Department and with approval of permit conditions as necessary to make the use compatible with other permitted uses in the same vicinity and zone.

Adult Entertainment.

(a) “Adult entertainment establishments” means adult motion picture theaters, adult drive-in theaters, adult bookstores, adult cabarets, adult video stores, adult retail stores, adult massage parlors, adult sauna parlors or adult bathhouses, which are defined as follows:

(1) “Adult bathhouse” means a commercial bathhouse which excludes any person by virtue of age from all or any portion of the premises.

(2) “Adult bookstore” means a retail establishment in which:

(i) Ten percent or more of the “stock-in-trade” consists of books, magazines, posters, pictures, periodicals or other printed materials distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”; and

(ii) Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such material is displayed or sold.

(3) “Adult cabaret” means a commercial establishment which presents go-go dancers, strippers, male or female impersonators, or similar types of entertainment and which excludes any person by virtue of age from all or any portion of the premises.

(4) “Adult massage parlor” means a commercial establishment in which massage or other touching of the human body is provided for a fee and which excludes any person by virtue of age from all or any portion of the premises in which such services are provided.

(5) “Adult motion picture theater” means a building, enclosure, or portion thereof, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.

(6) “Adult retail store” means a retail establishment in which:

(ii) Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such material is displayed or sold.

(7) “Adult sauna parlor” means a commercial sauna establishment which excludes any person by virtue of age from all or any portion of the premises.

(8) “Adult video store” means a retail establishment in which:

(i) Ten percent or more of the stock-in-trade consists of books, magazines, posters, pictures, periodicals or other printed materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; and

(ii) Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such material is displayed or sold.

(b) “Specified anatomical areas” means:

(1) Less than completely and/or opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola;

(2) Human male genitals in a discernibly turgid state even if completely or opaquely covered.

(1) Acts of human masturbation, sexual intercourse, or sodomy; or

(2) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast; or

(3) Human genitals in a state of sexual stimulation or arousal.

(d) “Stock-in-trade” means:

(1) The dollar value of all products, equipment, books, magazines, posters, pictures, periodicals, prerecorded video tapes, discs, or similar material readily available for purchase, rental, viewing, or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or

(2) The number of titles of all products, equipment, books, magazines, posters, pictures, periodicals, other printed materials, prerecorded video tapes, discs, or similar material readily available for purchase, rental, viewing, or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons.

Adult Family Home. A residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services, pursuant to Chapter 70.128 RCW. An adult family home may provide services to up to eight adults upon approval from the Department of Social and Health Services. See Chapter 70.128 RCW for further information on exemptions, licensing, operations, fee schedules, and inspections.

Agency with Jurisdiction. An agency with authority to approve, veto, or finance all or part of a SEPA-nonexempt proposal (or part of a proposal). The term does not include an agency authorized to adopt rules or standards of general applicability that could apply to a proposal, when no license or approval is required from the agency for the specific proposal. The term also does not include a local, State, or Federal agency involved in approving a grant or loan, that serves only as a conduit between the primary administering agency and the recipient of the grant or loan. Federal agencies with jurisdiction are those from which a license or funding is sought or required.

Agriculture Land. Land used for commercial production (as shown by record of any income) of horticultural, viticultural, floricultural, dairy, apiary, or animal products, or of vegetables, Christmas trees, berries, grain, hay, straw, turf, seed, or livestock, and that has long-term (six years or longer) commercial significance for agricultural production.

Alley. A thoroughfare or right-of-way, usually narrower than a street, which provides access to the rear boundary of two or more residential or commercial properties and is not intended for general traffic circulation. Alleys are only permitted for properties fronting a public road.

Alteration. Any human-induced action which impacts the existing condition of a critical area. Alterations include but are not limited to grading; filling; dredging; draining; channelizing; cutting, pruning, limbing or topping, clearing, relocating or removing vegetation; applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants; grazing domestic animals; paving, construction, application of gravel; modifying for surface water management purposes; or any other human activity that impacts the existing vegetation, hydrology, wildlife or wildlife habitat. Alteration does not include walking, passive recreation, fishing or other similar activities.

Amusement and Recreation. Enterprises that operate facilities or provide services that enable patrons to participate in recreational activities or pursue amusement, hobby, and leisure-time interests that may include specific uses, such as amusement parks, arcades, golf courses, and bowling centers.

Animated Display Boards. Any display designed to catch attention by using animated graphics or moving text, excluding information screens located on drive-through window menu boards which are used to convey order information to the customer.

Antenna. Equipment designed to transmit or receive electronic signals.

Antenna Array. Consists of one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (rod), directional antenna (panel) and parabolic antenna (disc).

Applicant. A person, partnership, corporation, or other legal entity who applies for any approval under this title and who is an owner of the subject property or the authorized agent of the owner. The applicant for a project permit is deemed to be a participant in any comment period, open record hearing, or closed record appeal.

Aquifer Recharge Area. Geological formations with recharging areas having an effect on aquifers used for potable water where essential source of drinking water is vulnerable to contamination.

Arts and Entertainment. Enterprises involved in producing or promoting performances, events, exhibits, or spectator sports intended for public viewing; and enterprises that exhibit objects of historical, cultural, and educational interest or animals, such as art galleries, museums and zoos.

Attached Accessory Dwelling Unit. An accessory dwelling unit located within or attached to a single-family housing unit, duplex, triplex, townhome, or other housing unit.

Automobile Parking Structures/Lots, Commercial. Facilities that provide automobile parking spaces on an hourly or daily basis and/or valet parking. This definition does not refer to enclosed or unenclosed vehicle or equipment storage areas leased on a longer-term basis, which are covered under personal storage facilities.

Best Available Science. Current scientific information, which is used to designate, regulate, protect, or restore critical areas and which is derived from a valid scientific process as set forth in WAC 365-195-900 through 365-195-925 and Section 14.88.235.

Best Management Practices (BMPs). The best available conservation practices or systems of practices and management measures that:

(a) Control soil loss and protect water quality from degradation caused by nutrients, animal waste, toxins, and sediment; and

(b) Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical, and biological characteristics of critical areas.

Billboard. An off-premises sign owned by a person, corporation, or other entity that engages in the business of selling the advertising space on that sign.

Binding Site Plan. A drawing to a scale specified in this title which: (a) identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified herein; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established in this title; and (c) contains provisions making any development be in conformity with the site plan.

Block. A group of lots, tracts, or parcels within well-defined and fixed boundaries.

Boarding House. A residential use consisting of at least one single-family dwelling unit together with more than two rooms that are rented or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units. A rooming house or boarding house does not include adult family homes, clean and sober facilities, rest homes or convalescent homes and is distinguished from a short-term rental in that the former is designed to be occupied by longer term residents (at least month-to-month tenants) as opposed to overnight or weekly guests.

Boathouse or Boat Shelter. An over-water structure specifically designed or used for storage of boats with permanent walls and/or roofs.

Bog. A wetland with limited drainage and generally characterized by extensive peat deposits and acidic waters. Vegetation can include, but is not limited to, sedges, sphagnum moss, eriogonums, shrubs, and trees.

Bond. A written certificate guaranteeing to pay up to a specified amount of money if specified work is not performed.

Boundary Line Adjustment. The adjustment of boundary lines between two abutting platted or unplatted lots, tracts or parcels, which does not create any additional lot, tract, parcel, or site and which results in no lot, tract, parcel, or site that contains insufficient area and dimension to meet minimum requirements for width and area.

Breakaway Wall. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system in relationship to Chapter 14.64 and Chapter 14.88, Part V.

Buffer Areas. Areas which provide a margin of safety through protection of slope stability, attenuation of surface water flows, and landslide hazards reasonably necessary to minimize risk to the public from loss of life or well-being or property damage resulting from natural disasters; or an area which is an integral part of a stream or wetland ecosystem and which provides shading, input of organic debris and coarse sediments, room for variation in stream or wetland edge, habitat for wildlife and protection from harmful intrusion necessary to protect the public from losses suffered when the functions and values of aquatic resources are degraded.

Buffer Management. An activity proposed by a public agency, public utility, or private entity, and approved by the Planning and Community Development Director, within a buffer required by this title, that is proposed to:

(a) Reduce or eliminate a verified public safety hazard;

(b) Maintain or enhance wildlife habitat diversity; or

Building. A structure designed to be used as a place of occupancy, storage or shelter.

Building, Accessory. A minor building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use.

Building Permit. An official document or certificate issued by the Building Official authorizing performance of construction or alteration of a building or structure.

Building, Principal. The primary building on a lot or a building that houses a principal use.

Bulletin Board. A board or wall on which bulletins, notices or displays are attached by pushpin, tape, staple or similar method and which are intended for communicating information to the target audience at a close distance, usually not to exceed four feet.

Cannabis. 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.

Carriage House. A single-level unit on top of a common garage in a cottage housing development.

Certificate of Concurrency. The certificate issued by the Department of Planning and Community Development upon finding that an application for a development approval will not result in the reduction of the level of service standards set forth in the Comprehensive Plan.

Certify. Whenever this title requires that some agency certify the existence of some fact or circumstance to the City, the City may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification. By way of illustration, and without limiting the foregoing, the City may accept certification by telephone from some agency when the circumstances warrant it, or the City may require that the certification be in the form of a letter or other document.

CESCL. A certified erosion and sediment control lead who has current certification through an approved erosion and sediment control training program that meets the minimum training standards established by the Washington Department of Ecology.

Change of Use. A change of the type of use of a building from one principal use category to another. It shall be determined to have occurred when it is found that the general character of the building use has been modified and results in an intensification of land use that will require new development conditions to comply with existing regulations.

Child Care Center (for purposes of administering Section 14.44.097, Marijuana Facilities). An agency that regularly provides early childhood education and early learning services for a group of children for periods of less than 24 hours. See RCW 43.216.010(a).

Circulation Area. That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area.

City. The City of Lake Stevens.

City-Sponsored/Co-Sponsored Event. The City Administrator may consider some events for City sponsorship or co-sponsorship. City-sponsored events must benefit the community as a whole, be open to the general public and offer activities that would encourage the participation of residents.

Classes, Wetland. The wetland taxonomic classification system of the United States Fish and Wildlife Service (Cowardin et al., 1978).

Clearing. The act of removing or destroying vegetation or other organic plant materials by physical, mechanical, or chemical means.

Cluster. A group of residential dwelling units arranged around usable open space or a common open area.

Code Enforcement Officer. The Planning and Community Development Director or designee.

Combination Use. A use consisting of a combination on one lot of two or more principal uses separately listed in the Table of Permissible Uses, Section 14.40.010. (Under some circumstances, a second principal use may be regarded as accessory to the first, and thus a combination use is not established. See Section 14.40.040 (Accessory Uses). In addition, when two or more separately owned or separately operated enterprises occupy the same lot, and all such enterprises fall within the same principal use classification, this shall not constitute a combination use.)

Common Open Area. An area improved for passive recreational use or gardening. A common open area is required to be owned and maintained commonly, through a homeowners’ or condominium association or similar mechanism. It does not include cottages, other buildings, driveways, parking areas, and the individual dwelling unit areas that define the spacing around each cottage. Except for interior walkways, it does not include paved surfaces.

Community Center. An institution used for athletic, social, civic, or recreational purposes, operated by a nonprofit or government organization, and open to the public on an equal basis.

Community Group-Care Facility. An agency, other than a foster-family home, which is maintained and operated for the care of a group of children on a 24-hour basis.

Compaction. Densification of a fill by mechanical means.

Compensation. The replacement, enhancement, or creation of an undevelopable critical area equivalent in functions, values and size to those being altered by or lost to development.

Complete Application. An application which contains all required information and signatures and which is accompanied by payment of all fees required to be submitted by this title or by any formal written rule or procedure adopted by the City. (See Section 14.16A.220(f).)

Comprehensive Plan. The City’s adopted land use plan.

Concurrency. When adequate public facilities meeting the level of service standard are in place at the time a development permit is issued, or a development permit is issued subject to the determination that the necessary facilities will be in place when the impacts of the development occur, or that improvements or strategy are in place at the time of development or that a financial commitment is in place to complete the improvements or strategies within six years of the time of the development.

Concurrency Determination. A nonbinding determination of what public facilities and services are available at the date of inquiry.

Concurrency Management System. The procedures and processes utilized by the City to determine that development approvals, when issued, will not result in the reduction of the level of service standards set forth in the Comprehensive Plan.

Conditional Use. A use allowed in a zone only after review by the Hearing Examiner and with approval of permit conditions as necessary to make the use compatible with other permitted uses in the same vicinity and zone.

Consistency. For the purpose of reviewing a project per ESHB 1724, the term “consistency” shall include all terms used in Chapter IV of that bill and Chapter 36.70A RCW to refer to performance in accordance with Chapter IV of that bill and Chapter 36.70A RCW, including but not limited to compliance, conformity, and consistency.

Construction Facilities. Establishments designed primarily to store construction equipment and materials for the construction of buildings or engineering projects.

Convenience Store. A one-story, retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only relatively few items (in contrast to a “supermarket”). It is designed to attract and depends upon a large volume of stop and go traffic. Illustrative examples of convenience stores are those operated by the “Arco AM/PM” and “7-Eleven” chains.

Cooperative. A cooperative established under RCW 69.51A.250 to produce and process marijuana only for the medical use of members of the cooperative (definition related to medical marijuana regulations only).

Cottage. A single-family detached dwelling unit, not larger than 1,500 square feet, constructed as part of a cottage housing development. More than one cottage may occupy a single lot.

Cottage Housing Development. One or more groups of single-family dwelling units clustered around a common area and developed with a coherent plan, detached parking, common elements, and visually consistent landscaping and architecture for the site in accordance with Chapter 14.46, Part II, Cottage Housing Development Standards.

Cottage Housing Development Lot. The undivided lot on which a cottage housing development takes place.

Council. The City Council of the City of Lake Stevens.

County Auditor. As defined in Chapter 36.22 RCW or the office or person assigned such duties under a county charter.

County Treasurer. As defined in Chapter 36.29 RCW or the office or person assigned such duties under a county charter.

Covered Animal. Any hoofed animal usually found on farms, such as horses, ponies, mules, bovine animals, sheep and goats.

Creation, Wetland Mitigation. The manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities typically involve excavation of upland soils to elevation that will produce a wetland hydroperiod, create hydric soils, and support the growth of hydrophytic plant species. Establishment results in a gain in wetland acres.

Crisis Residential Center. An agency which is a temporary protective residential facility operated to perform the duties specified in Chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036.

Critical Areas. Areas of the City that are subject to natural hazards or any landform feature that carries, holds, or purifies water and/or supports unique, fragile or valuable natural resources including fish, wildlife, and other organisms and their habitat. Critical areas include the following features: geologically hazardous areas, wetlands, streams, frequently flooded hazard areas, fish and wildlife conservation areas, aquifer recharge areas, and groundwater discharge areas.

Critical Habitat. Habitat necessary for the survival of endangered, threatened, or sensitive species as listed by the Federal Government or the State of Washington. Habitat for species listed on the candidate list, or monitored species as listed by the Federal Government or the State of Washington, may be considered critical habitat.

Day Care Center, Commercial. Any child care arrangement that provides day care on a regular basis for more than 12 children of whom at least one is unrelated to the provider.

Day Care, In-Home. Any child care arrangement that provides day care on a regular basis for less than 12 children of whom at least one is unrelated to the provider.

DBH. The diameter of a tree as measured from breast height (54 inches above the ground).

De Minimis. Lacking significance, importance, or so minor as to merit disregard.

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

Degraded Wetland. A wetland in which the vegetation, soils, and/or hydrology have been adversely altered, resulting in lost or reduced functions and values.

Detached Accessory Dwelling Unit. An accessory dwelling unit that consists partly or entirely of a building that is separate and detached from a principal unit or other housing unit on the same property.

Developable (e.g., land, acres). Land on which development can occur per the regulations of this and other titles of the Lake Stevens Municipal Code. Specifically, lands that are considered critical areas per Chapter 14.88 (Critical Areas) are not considered developable.

Developable Area. Land outside of critical areas, their setback, and buffers.

Developer. A person, firm or corporation applying for or receiving a permit or approval for a development.

Development (definition related to shoreline permits only). A use consisting of the construction or exterior alteration of structures; dredging, drilling, dumping, filling, removal of sand, gravel or minerals, bulkheading, driving of pilings, placing of obstructions, or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters of the State subject to Chapter 90.58 RCW at any stage of water level.

Development Activity. Any construction or expansion of a building, structure or use; any change in use of a building or structure; or any changes in the use of land.

Development Approval. An approval issued by a body or officer of the City that authorizes a developer or applicant to take or initiate specific development actions within the City.

Development or Development Proposal. Any land use action or manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, site work, or installation of utilities, regulated by this title.

Disabled. Qualified persons with a disability as that term is defined by the Federal Fair Housing Act Amendments, 42 USC Section 12131(2), 442 USC 3602(h) and (i) and 42 USC Section 12210(b)(1) and (2). The term includes persons with a handicap as that term is defined by applicable Federal and State law as the same exists or is hereafter amended. A handicap is:

(a) A physical or mental impairment which substantially limits one or more of a person’s major life activities;

(b) A record of having such an impairment; or

The term “disabled” includes alcoholics and recovering drug addicts but does not include those who currently and illegally use controlled substances or who constitute a threat to the community.

DNS (Determination of Nonsignificance). The written decision by the responsible official of the lead agency that a proposal is not likely to have a significant adverse environmental impact, and therefore an EIS is not required. See WAC 197-11-734.

Driveway. That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.

DS (Determination of Significance). The written decision by the responsible official of the lead agency that a proposal is likely to have a significant adverse environmental impact, and therefore an EIS is required. See WAC 197-11-736.

Duplex. See Residence, Duplex.

Dwelling Unit. A single unit providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Earth Material. Any rock, natural soil or any combination thereof.

Easement. Land which has specific air, surface, or subsurface rights conveyed for use by someone other than the owner of the subject property or to benefit some property other than the subject property.

Edge. The boundary of a wetland as delineated based on the criteria contained in Chapter 14.88.

Educational Services. Facilities that provide instruction and training in a wide variety of subjects by specialized enterprises, such as schools, colleges, universities, and training centers.

Effective Date of This Chapter. Whenever this title refers to the effective date of this chapter, the reference shall be deemed to include the effective date of the chapter as originally adopted, or the effective date of an amendment to it if the amendment creates a nonconformity.

Effective Date of This Title. Whenever this title refers to the effective date of this title, the reference shall be deemed to include the effective date of any amendments to this title if the amendment, rather than this title as originally adopted, creates a nonconformity.

EIS (Environmental Impact Statement). Defined in WAC 197-11-738.

Elementary School (definition related to recreational marijuana facilities regulations only). A school for early education that provides the first four to eight years of basic education and recognized by the Washington State Superintendent of Public Instruction.

Elevated Building. A nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.

Emergency. An action that must be undertaken immediately or within a time frame too short to allow full compliance with this chapter, in order to avoid an immediate threat to public health or safety, to prevent an imminent danger to public or private property, or to prevent an imminent threat of serious environmental degradation.

Emergent Wetland. A wetland with at least 30 percent of its surface covered by erect, rooted, herbaceous vegetation at the uppermost vegetative strata.

Enhancement, Wetland Mitigation. The manipulation of the physical, chemical or biological characteristics of a wetland site, in order to heighten, intensify or improve functions or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or habitat improvement. Activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying the site elevation or the proportion of open water to influence hydroperiods, or some combination of these activities. Enhancement results in a benefit to some wetland functions and can lead to a decline in other wetland functions but does not result in a gain in wetland acres. Activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods, or some combination of these activities.

Erosion Hazard Areas. Lands or areas that, based on a combination of slope inclination and the characteristics of the underlying soils, are susceptible to varying degrees of risk of erosion.

Essential Public Facility. Any facility owned, operated or contracted to be operated by a unit of local or State government, by a public utility or transportation company, or by any other entity providing a public service as its primary mission may qualify as an essential public facility. In general, an essential public facility is a necessary component of a system or network which provides a public service or good, and may be difficult to site because of potential significant opposition. A complete list of essential public facilities can be found in Table 14.40-III.

Essential Public Facility of a County-Wide Nature. Essential public facilities which serve a population base extending beyond the host community, which may include several local jurisdictions within Snohomish County or a significant share of the total County population.

Essential Public Facility of a Regional or Statewide Nature. Essential public facilities which serve a multicounty population base; and other large public facilities appearing on the Office of Financial Management (OFM) list created and maintained pursuant to Chapter 36.70A RCW.

Event. An “event” is:

(a) Any organized formation, parade, procession or assembly consisting of persons, animals, motorized or nonmotorized vehicles or any combination thereof, traveling in unison and with a common purpose upon any public street, highway, alley, sidewalk, body of water, or other public right-of-way which does not normally comply with normal and usual traffic regulations or controls; or

(b) Any organized assemblage of 100 or more persons at any public park, beach, body of water, right-of-way, or other publicly owned property, gathering for a common purpose under the direction and control of a responsible person or agency; or

(c) Any other organized activity or set of activities conducted by an individual, group or entity for a common or collective use or benefit and which may be conducted on public or private property which would have a direct significant impact on:

(1) Traffic congestion or traffic flow to and from the event over public streets, bodies of water or rights-of-way;

(2) Public streets or rights-of-way near the event; or

(3) City-provided emergency and/or public services such as those provided by police, fire, medical aid or public works personnel.

Event Sponsor. A person making application to hold, host or sponsor an event or person authorized to make application on behalf of a group, organization or agency to hold, host or sponsor an event and who is responsible for being in compliance with any conditions outlined in the event permit for which application was made.

Excavation. The removal of any earth material.

Existing Site Conditions. The current site features, natural features, cultural features and infrastructure of a specific location.

Exotic Species. Plants or animals that are not native to the Puget Sound Lowlands region.

Expenditure. A sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding contractual commitments to make future expenditures, as well as any other substantial changes in position.

Exterior Side Property Line. Means the property line, on a corner lot, that abuts the street that is not the front property line.

Extraordinary Hardship. Prevention of all reasonable economic use of the parcel due to strict application of this chapter and/or programs adopted to implement this chapter.

Facade. Any face of a building.

Family. One or more persons related by blood, marriage or adoption, or a group of not more than six persons (excluding servants), not related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit. The term “family” shall also include consensual living arrangements of any number of disabled persons living in a family-like setting which are protected by the provisions of the Federal Fair Housing Act and the Washington Fair Housing Practices Act, RCW 36.70.990.

Family Day Care Provider (for purposes of administering Section 14.44.097, Marijuana Facilities). A child care provider who regularly provides early childhood education and early learning services for not more than 12 children in the provider’s home in the family living quarters. See RCW 43.216.010(c).

Farm Animals. Any animal typically found on farms and kept predominantly outdoors, including but not limited to horses, ponies, mules, cows, sheep, goats, fowl, and rabbits.

Fee Simple. A form of freehold ownership, a permanent and absolute tenure of an estate in land with freedom to dispose of it at will.

Fill. A deposit of earth material placed by mechanical means.

Final Plat. The final drawing of the subdivision and dedication prepared for filing for record with the County Auditor and containing all elements and requirements set forth in Chapter 58.17 RCW and in this title.

Finance and Insurance. Enterprises engaged in financial transactions and/or in facilitating financial transactions including banking, insurance and annuities, specialized services facilitating or supporting financial intermediation, insurance, and employee benefit programs.

Fire Department. Snohomish Regional Fire and Rescue.

Fire Marshal. The City of Lake Stevens Fire Marshal or designee.

Fish and Wildlife Habitats (of Local Importance). A seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. These might include areas of relative density or species richness, breeding habitat, winter range, and movement corridors. These also include habitats of limited availability or high vulnerability to alteration, such as cliffs and wetlands.

Floor Area Ratio (FAR). The ratio of the floor area of a building to the area of the lot on which the building is located.

Flow. The flow rate of a water supply, measured at 20 pounds per square inch (psi) (138 kPa) residual pressure, that is available for firefighting (2006 International Fire Code).

Food Services. Enterprises that prepare meals, snacks, and beverages for on-premises and off-premises consumption including full service restaurants, cafes, fast food restaurants, coffee shops, and taverns.

Footprint. The total floor area, measured at ground level, within the inside perimeter of the exterior walls of the building under consideration.

Forest Land. Land used for growing trees, not including Christmas trees, for commercial purposes (as shown by record of any income) that has long-term (six years or more) commercial significance.

Forest Practices. Any activity conducted on or directly pertaining to forest land and related to growing, harvesting, or processing timber or removing forest biomass as defined by WAC 222-16-010.

Forested Wetland. Wetlands with at least 20 percent of the surface area covered by woody vegetation greater than 30 feet in height.

Foster-Family Home. An agency which regularly provides care on a 24-hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed.

Fowl. Birds which are sometimes raised for their eggs or meat including but not necessarily limited to chickens, turkeys, pigeons, doves, geese, pheasants, and peacocks.

Freestanding Sign. See Sign, Freestanding.

Front Property Line. Means the property line abutting a street. In the event of a corner lot, the front property line is that which faces the principal entry into the principal structure.

Functions and Values. 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, groundwater recharge and discharge, erosion control, wave attenuation, aesthetic value protection, and recreation. These roles are not listed in order of priority.

Game Arcade (definition related to recreational marijuana facilities regulations only). An entertainment venue featuring primarily video games, simulators, and/or other amusement devices where persons under 21 years of age are not restricted.

Geologically Hazardous Areas. Areas susceptible to erosion, sliding, seismic activity, or other geological events, as defined in WAC 365-190-120. They may pose a threat to the health and safety of citizens when used as sites for incompatible commercial, residential or industrial development.

G.I.S. Geographic Information System.

G.P.S. Global Positioning System.

Grade. The elevation of the ground surface.

(a) “Existing grade” is the grade prior to grading.

(b) “Rough grade” is the stage at which the grade approximately conforms to an approved site plan.

(d) “Grading” is any excavating, filling, removing of the duff layer or combination thereof.

Grading. Any excavating or filling of land, including the duff layer, or any combination thereof.

Gross Floor Area. The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

Habitable Floor. Any floor usable for living purposes, which include working, sleeping, eating, cooking, or recreation, or any combination thereof. A floor used only for storage is not a habitable floor.

Hard Surfaces. Are all impervious surfaces (asphalt, concrete pavement, compacted gravel areas, buildings, driveways, parking lots, sidewalks, etc.) and permeable surfaces like pervious pavements, or vegetated roofs. Hard surfaces can be impervious or pervious.

Harmony. For the purposes of this title, a project may be found to be in harmony with the area in which it is located in terms of design and use when it meets the following criteria:

Harmony of Design. Where a project is subject to the City’s Development Design Guidelines or design regulations within this title it is presumed to be in harmony with the neighborhood in terms of design when it is found to be in conformance with those guidelines or regulations, even if it does not resemble existing development, as it is the intent of the City Council that neighborhoods should eventually develop or redevelop according to those design specifications. Where a project is not subject to those design guidelines or regulations, it may be found to be in harmony with the neighborhood in terms of design when it generally conforms to the architectural aspects (i.e., those aspects addressed in the Development Design Guidelines) of the existing development.

Harmony of Use. A project may be found to be in harmony with the existing uses of a neighborhood if it causes no significant impacts on surrounding uses or, if it could cause significant impacts, that those impacts have been mitigated through project design or by conditioning the permit to restrict or limit certain aspects of the use so as to minimize those impacts.

Health and Social Service Facilities - Levels I, II and III:

Level I Health and Social Service Facility (Level I HSSF). A Level I HSSF means a use which occupies a residential structure used by the disabled as a residence along with their family members and caregivers. By way of illustration and not limitation, this definition shall include:

(a) Group homes for the disabled and consensual living arrangements equivalent to a familial setting which are protected by State or Federal law as residential uses.

(b) Adult family homes, licensed pursuant to RCW 70.128.050.

(c) Foster homes licensed pursuant to Chapter 74.15 RCW for the placement of youth, disabled or expectant mothers in a residential setting, including but not limited to foster family homes, community group care facilities and crisis residential centers.

(d) Any other residential facilities for the disabled which must be accommodated in a single-family zone pursuant to RCW 36.70.990 (Washington Fair Housing Practices Act).

Level II Health and Social Service Facility (Level II HSSF). A Level II HSSF means a use which is licensed or regulated by the State to provide emergent medical treatment on a 24-hour-per-day basis or which houses persons in an institutional setting that provides chronic care or medical service on a regular recurring basis to its residents and which includes, but is not limited to, a:

(a) Hospital (including acute alcoholism/drug, psychiatric and State mental hospitals).

(b) Nursing home.

(d) Mental health facility, adult and child residential.

(e) Soldiers’ home and veterans’ home.

(f) Large institutional boarding home for the care of senior citizens and the disabled (sometimes known as assisted living facilities).

(g) State residential school for hearing and visually impaired.

(h) Alcoholism and drug residential treatment facility.

(i) Child birthing center/facility.

(j) Hospice.

Level III Health and Social Service Facility (Level III HSSF). A Level III HSSF means a use, including commercial enterprises and charitable institutions, which provides social, medical, counseling or other forms of treatment in a clinical setting or on an outpatient basis. Shelters providing services to the homeless or other transients shall be included in this category. Level III HSSF includes, but is not limited to, an:

(a) Ambulatory surgical center.

(b) Blood bank.

(d) Counseling, psychological and psychiatric treatment clinics in an office setting.

(e) Eye bank.

(f) Renal disease center and kidney dialysis treatment center.

(g) Home health care agency.

(h) Medical laboratory.

(i) Occupational and physical therapy facility.

(j) Rehabilitation facility.

(k) Homeless and transient shelter.

Health and Social Service Facilities Levels I, II and III do not include:

(a) Correctional facilities, including but not limited to group homes for juvenile offenders, juvenile detention facilities, work release, pre-release, or similar facilities, prisons and jails.

(b) Secure community transition facilities.

Health Care Services. Facilities that provide health care and social assistance for individuals, such as physicians, dentists, mental health and social health care specialists, nursing facilities, and clinics.

Hearing Examiner. A person appointed by the City to conduct public hearings, make decisions, and prepare a record and findings of fact and conclusions on those permit applications outlined in this title.

Hearing Officer. The person, or chair of the board, before whom a hearing is being held. This can be the Planning Director or the Hearing Examiner.

High Volume Traffic Generation. All uses in the 2.000 classification other than low volume traffic generation uses.

Home Occupation. A commercial activity that: (a) is conducted by a person on the same lot (in a residential district) where such person resides, and (b) is not so insubstantial or incidental or is not so commonly associated with the residential use as to be regarded as an accessory use (see Section 14.40.040, Accessory Uses).

Household Pet. Any domestic or exotic animal which because of its relatively small size, generally gentle temperament, and ability to learn from or serve man is normally bred and raised to live in or around a residence. The term does not include fowl, livestock or bees.

Hydrant, Private. A fire hydrant which is situated and maintained so as to provide water for firefighting purposes, with restrictions as to its use and accessibility as to public use.

Hydrant, Public. A fire hydrant that is situated within a public or private easement or right-of-way and maintained so as to provide water for firefighting purposes without restrictions as to use or accessibility for fire suppression.

Hydric Soil. Soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in the approved Federal wetland delineation manual and applicable regional supplement, or as amended hereafter.

Impervious Surface. A type of hard surface area, which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions prior to development, and/or a hard surface area, which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roofs, walkways, patios, driveways, parking lots, storage areas, areas that are paved, graveled or made of packed or oiled earthen materials, or other surfaces which similarly impede the natural infiltration of surface and stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for the purpose of this chapter.

Indoor Recreational Facility. An entertainment or recreation facility under private ownership and operated by a for-profit or nonprofit organization providing one or more of the following types of entertainment activities, including but not limited to: cinemas, billiard parlors, nightclubs, coin-operated arcades, bowling alleys, ice skating and roller skating.

Infill Development. The development or redevelopment of vacant or underutilized residential land that is surrounded by other development, utility easements or critical areas and buffers.

Information Services. Enterprises that produce and distribute information and cultural products, provide the means to transmit or distribute these products as well as data or communications, and process data including publishing (software, traditional media, and Internet); recording industries; broadcasting industries; and telecommunications industries.

Innovative Housing Options. Different housing styles that provide a choice of housing in the City including, but not limited to, cottages, compact single-family homes, accessory dwelling units, “skinny” houses, and duplexes, triplexes, and fourplexes designed to look like single-family homes.

Internally Illuminated Signs. Signs where the source of the illumination is inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source. Without limiting the generality of the foregoing, signs that consist of or contain tubes that (a) are filled with neon or some other gas that glows when an electric current passes through it and (b) are intended to form or constitute all or part of the message of the sign, rather than merely providing illumination to other parts of the sign that contain the message, shall also be considered internally illuminated signs.

International Building Code (IBC). The International Building Code as adopted and amended by the City of Lake Stevens.

International Fire Code (IFC). The International Fire Code as adopted and amended by the City of Lake Stevens.

Junk. Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed of, or other use or disposition.

Junkyard. Any area, lot, land, parcel, building, or structure, or part thereof, used for the storage, collection, processing, purchase, sale, salvage, or disposal of junk.

Kennel. A commercial operation that: (a) provides food and shelter and care of animals for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian), or (b) engages in the breeding of animals for sale.

Kitchen. An area used, or designed to be used, for the preparation and consumption of food.

Lake Stevens. Any lands or waters contained within the incorporated boundaries of the City.

Land Clearing. The cutting, logging, or removal of enough vegetation so that the overall nature of a site’s vegetation is altered, except for what would otherwise be considered gardening, landscaping, or yard maintenance on a developed lot or portion of a lot where not all of the lot is developed. For example, selectively logging a few mature trees from many trees would not be considered clearing, while logging all mature trees (even if immature ones are left) so that habitat value or shading is altered shall be considered clearing. Another example of clearing would be to grub or remove all groundcover (blackberries, etc.) over the area limits specified in the code, while partial grubbing of this area may not be.

Land Disturbance. Any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) and/or existing soil topography.

Land Uses, High Intensity. Uses which are associated with moderate or high levels of human disturbance or substantial impacts including, but not limited to, a zone classification allowing four or more dwelling units per acre, active recreation, and commercial and industrial land uses.

Land Uses, Low Intensity. Land uses which are associated with low levels of human disturbance or low habitat impacts, including, but not limited to, passive recreation and open space.

Landscaping Area. Any portion of a site not used for building, parking, driveway or accessory storage area. A landscape area may include patios, plazas, walkways, walls and fences, fountains or pools, and planting areas. Ponds, streams, natural areas, or areas for the detention of stormwater runoff are not considered part of the landscaped area of a site unless they are underground or integrated with required landscaping as a water feature.

Landslide Hazard Areas. Areas that, due to a combination of slope inclination and relative soil permeability, are susceptible to varying degrees of risk of landsliding.

Library (definition related to recreational marijuana facilities regulations only). An organized collection of resources made accessible to the public for reference or borrowing supported with money derived from taxation.

Light Manufacturing and Assembly. Enterprises engaged in the mechanical, physical, or chemical transformation of materials, substances, or assemblage of components into new products. This category typically includes electronics production and assembly, machine shops, medical supplies, clothing manufacturing and similar industries, but does not include smelting, pulp mills, fertilizer production, refineries, animal products, and similar intensive industries that require large footprints and land area.

Live/Work Unit. A structure or portion of a structure combining a commercial/office activity and a residential unit, where the owner of the business or the owner’s employee and that person’s household occupy the residential space.

Loading and Unloading Area. That portion of the vehicle accommodation area used to satisfy the requirements of Section 14.72.100 (Loading and Unloading Areas).

Local Contact. The person designated by the owner or operator who is the point of contact for the short-term rental; who is available 24 hours per day, seven days per week; and who can respond to complaints and take remedial actions.

Long-Term Rental. The rental of a room or dwelling unit for residential use as a permanent or semi-permanent use for a period of 30 or more days.

Lot. A fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.

If a public body or any authority with the power of eminent domain condemns, purchases, or otherwise obtains fee simple title to or a lesser interest in a strip of land cutting across a parcel of land otherwise characterized as a lot by this definition, or a private road is created across a parcel of land otherwise characterized as a lot by this definition, and the interest thus obtained or the road so created is such as effectively to prevent the use of this parcel as one lot, then the land on either side of this strip shall constitute a separate lot.

Subject to Section 14.32.050 (Nonconforming Development), the permit-issuing authority and the owner of two or more contiguous lots may agree to regard the lots as one lot if necessary or convenient to comply with any of the requirements of this title.

(a) “Corner lot” means a lot bounded on two adjacent sides by intersecting public streets.

(b) “Flag or panhandle lot” means a lot where the front and rear lot lines conform to zoning code requirements for lot dimensions and lot sizes except for the panhandle. The panhandle is a narrow strip of land which does not, itself, meet the full frontage or width requirements of a lot and will be utilized principally for access purposes from an improved public right-of-way.

(d) “Through lot” means a lot with frontage on two parallel or approximately parallel streets.

Lot Area. The total horizontal area within the boundary lines of a lot, excluding any access easements or panhandles.

Lot of Record. (1) Lots created through a subdivision or short subdivision and recorded with Snohomish County after 1969 (not all short plats were required to be recorded before 1974); (2) land for which a deed or other instrument describing the land was recorded with Snohomish County prior to 1969; (3) lots created per RCW 58.17.040; or (4) land that receives a lot status determination by the City or previous lot status determination from Snohomish County.

Lot, Parent. The initial lot from which unit lots are subdivided.

Lot Status Determination. An administrative review process to determine if a lot was legally created and is eligible for conveyance and/or whether the lot is eligible to be considered for development permits.

Lot, Unit. One of the individual lots created by the subdivision of a parent lot pursuant to Section 14.46.030.

Lot Width. The horizontal distance between lot sidelines.

Low Impact Development (LID). Is a stormwater and land use management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation, and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design.

Low-Volume Traffic Generation. Uses such as furniture stores, carpet stores, major appliance stores, etc., that sell items that are large and bulky, that need a relatively large amount of storage or display area for each unit offered for sale, and that therefore generate less customer traffic per square foot of floor space than stores selling smaller items.

Maintenance Security. A bond or other security mechanism that guarantees the repair or replacement of installed public improvements.

Major Transit Stop. A major transit stop as defined in RCW 36.70.030.

Management of Companies and Enterprises. Enterprises that administer, oversee, and manage the operation of companies, corporations, or enterprises.

Managing Agency. Means an organization identified as the manager of a temporary encampment that has the capacity to organize and manage a temporary encampment. A “managing agency” may be the same entity as the sponsor.

Marijuana. All parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

Marijuana Concentrates. Any product consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than 10 percent.

Marijuana Facility. A State-licensed marijuana facility and is either a marijuana processing facility or a marijuana retailer.

Marijuana-Infused Products. Products that contain marijuana or marijuana extracts, are intended for human use, are derived from marijuana as defined in this section, and have a THC concentration no greater than 10 percent. The term “marijuana-infused products” does not include either usable marijuana or marijuana concentrates.

Marijuana Processing Facility (definition related to recreational marijuana facilities regulations only). A person or entity licensed by the Washington State Liquor and Cannabis Board to process marijuana into marijuana concentrates, usable marijuana and marijuana-infused products, package and label marijuana concentrates, usable marijuana and marijuana-infused products for sale in retail outlets, and sell marijuana concentrates, usable marijuana and marijuana-infused products at wholesale to marijuana retailers.

Marijuana Production Facility (definition related to recreational marijuana facilities regulations only). A person or entity licensed by the Washington State Liquor and Cannabis Board to produce marijuana at wholesale to marijuana processor licensees and to other marijuana producers.

Marijuana Products. Usable marijuana, marijuana concentrates, and marijuana-infused products as defined in this section.

Marijuana Retailer (definition related to recreational marijuana facilities regulations only). A person or entity licensed by the Washington State Liquor and Cannabis Board to sell marijuana concentrates, usable marijuana, and marijuana-infused products in a retail outlet.

Marina. A system of piers, buoys, or floats to provide moorage for four or more boats.

Medical Cannabis (Marijuana) Collective Gardens or Collective Garden. A garden where qualifying patients engage in the production, processing, and delivery of cannabis for medical use as set forth in Chapter 69.51A RCW and subject to the limitations therein and in the ordinance codified in this definition.

Medical Cannabis (Marijuana) Dispensary or Dispensary. Any facility or location where medical marijuana is grown, made available to and/or distributed by or to two or more of the following: a primary caregiver, a qualified patient, or a person with an identification card.

Middle Housing. Residential buildings with two or more attached, stacked or clustered units that are compatible in scale, form and character with detached single-family residences, as defined in RCW 36.70A.030.

Mineral Resource Lands. Lands primarily devoted to the extraction of gravel, sand, other construction materials, or valuable metallic or mineral substances.

Mining, Quarrying, and Oil and Gas Extraction. Enterprises that extract naturally occurring mineral solids (e.g., coal and ores), liquid minerals (e.g., petroleum), and gases (e.g., natural gas); processing of these materials (e.g., crushing, screening, washing, and flotation); and other preparation customarily performed at the mine site, or as a part of mining activity or mining support activities.

Miscellaneous Equipment Rental. An area or building used to store equipment (excluding automobiles) to be rented to the public. Such area may include customer service and support space.

Miscellaneous Repair. An area or building used to repair equipment (excluding automobiles and heavy equipment) to be rented to the public. Such area may include customer service and support space.

Mitigation (definition related to critical areas and shoreline permits only). An action or combination of actions which avoids, minimizes, or compensates for adverse impacts to critical areas or sensitive resources. Mitigation is considered in the following order of preference:

(a) Avoiding the impact altogether by not taking a certain action or parts of an action;

(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts;

(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

(e) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments;

(f) Monitoring the impact and the compensation project and taking appropriate corrective measures.

Mixed Use. A building or site with two or more different land uses, such as residential, office, manufacturing, retail, public or entertainment.

Mobile Food Preparation Vehicle. Vehicles that contain cooking equipment that produce smoke or grease-laden vapors or utilize LP-gas systems or CNG systems for the purpose of preparing and serving food to the public. Vehicles intended for private recreation shall not be considered mobile food preparation vehicles.

Mobile Food Vendor. A seller of prepackaged or prepared food from a food preparation van, truck, cart or other vehicle of conveyance, whether upon private property, the public right-of-way, or other public property.

Mobile Home, Class A. A mobile home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies each of the following additional criteria:

(a) The home has a length not exceeding four times its width;

(b) The pitch of the home’s roof has a minimum vertical rise of one foot for each five feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction;

(c) The exterior siding consists of wood, hardboard, or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction;

(d) A continuous, permanent masonry foundation, unpierced except for required ventilation and access, is installed under the home; and

(e) The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy.

Mobile Home, Class B. A mobile home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction but that does not satisfy the criteria necessary to qualify the house as a Class A mobile home.

Mobile Home, Class C. Any mobile home that does not meet the definitional criteria of a Class A or Class B mobile home.

Mobile Home Park. A residential use in which more than one mobile or manufactured home is located on a single lot.

Mobile or Manufactured Home. A dwelling unit that: (a) is not constructed in accordance with the standards set forth in the International Building Code applicable to site-built homes; and (b) is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis; and (c) exceeds 40 feet in length and eight feet in width.

Mobile Sales and Delivery. A business where employees or contractors provide mobile sales of goods and services that includes ice cream trucks, mobile delivery, peddlers, and similar uses. Mobile sales and delivery do not include mobile food vendors, mobile food preparation vehicles or mobile food vending units as defined separately.

Mobile Vending Unit. A mobile food preparation van, truck, trailer, cart, or other vehicle of conveyance used for the sale of prepackaged or prepared food.

Model Homes. Single-family dwellings constructed in an approved preliminary plat which has not yet received final plat approval. Model homes are for sales promotion and display the variety of housing designs and finishes that will be typically built within a subdivision and are open to the public for viewing.

Modular Home. A dwelling unit constructed in accordance with the standards set forth in the International Building Code applicable to site-built homes and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two sections transported to the site in a manner similar to a mobile home (except that the modular home meets requirements of the International Building Code applicable to site-built homes), or a series of panels or room sections transported on a truck and erected or joined together on the site.

National Marine Fisheries Service (NMFS). One of two Federal agencies responsible for overseeing the Endangered Species Act (ESA). NMFS is primarily responsible for marine species and anadromous species.

Native Growth Protection Areas (NGPA). Areas where native vegetation is permanently 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. Plant species which are indigenous to the Puget Sound Lowlands region.

Natural Resource Lands. Agriculture, forest, and mineral resource lands as defined in Chapter 14.88.

Net Buildable Area. Gross land area, measured in acres, minus land area in roads, panhandle access and other rights-of-way, surface stormwater retention/detention/water quality facilities, existing easements that will remain, submerged lands, critical areas and buffers, regional utility corridors and land dedicated to the City.

Nonconforming Development. A lot or site improvement, such as an off-street parking facility, landscaping, or access that does not conform to the City’s current development ordinances either because it was established prior to the enactment of City ordinances governing the structure or improvement or because the structure or improvement conformed at the time it was established but applicable City ordinances have since changed.

Nonconforming Sign. See Sign, Nonconforming.

Nonconforming Structure. Any structure or portion thereof lawfully existing on the effective date of the ordinance codified in this title or amendments thereto which does not conform after the passage of the ordinance codified in this title or amendments thereto with the dimensional restrictions of the district in which it is situated.

Nonconforming Use. The use of land or the use of any building or portion thereof lawfully existing at the effective date of the ordinance codified in this title or amendments thereto which does not conform after the passage of the ordinance codified in this title or amendments thereto which does not conform to the use regulations of the zoning district in which it is located.

Nonconformity. Uses, structures, lots, or development sites that do not conform to one or more of the requirements of this title, or any subsequent amendment, which were lawfully established prior to the effective date of the ordinance codified in this title, or any subsequent amendment.

NPDES. National Pollutant Discharge Elimination System.

Occupancy. The purpose for which a building or part thereof is used, or intended to be used.

On-Premises Sign. See Sign, On-Premises.

Open Space. Areas of varied size which contain distinctive geologic, botanic, zoologic, historic, scenic or other critical area or natural resource land features.

Ordinary High Water Mark. A mark that has been found where the presence and action of waters are common and usual and maintained in an ordinary year long enough to mark a distinct character from that of the abutting upland.

Ordinary High Water Mark on Lake Stevens. The mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation, as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by the City or the Department of Ecology; provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark shall be the line of mean high water. (RCW 90.58.030(2)(b) and (c))

Outdoor Recreational Facility. An entertainment or recreation facility under private ownership and operated by a for-profit or nonprofit organization providing one or more of the following types of entertainment activities: ice skating; skate park and swimming; or commercial outdoor recreation, including golf courses, archery range, or similar use.

Owner. All persons, partnerships, corporations, and other legal entities that have an ownership interest (including purchasers and sellers under a real estate contract) in the subject property.

Panhandle Lot. See definition under Lot.

Parking Area Aisles. A portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.

Parking Space. A portion of the vehicle accommodation area set aside for the parking of one vehicle.

Party of Record. The following persons in an application or appeal are considered a party of record:

(a) The applicant and any appellant;

(b) Any person who submitted written comments to the department prior to a Type I or II decision;

(c) Any person, City department and/or public agency who individually submitted written comments or testified at the open record hearing (excluding persons who have only signed petitions or mechanically produced form letters); and

(d) Any person, City department and/or public agency who specifically requests notice of decision by entering their name and mailing address on a register provided for such purpose at the open record hearing.

A party of record does not include a person who has only signed a petition or mechanically produced form letters. A party of record to an application/appeal shall remain such through subsequent City proceedings involving the same application/appeal. The City may cease mailing material to any party of record whose mail is returned by the postal service as undeliverable.

Performance Security. A bond or other security mechanism that guarantees the completion of required public improvements.

Permit-Issuing Authority. Person, board, office, or institution having jurisdiction over the permit in question, as specified in Chapters 14.16A and 14.16B.

Person. An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, or other entity acting as a unit.

Person (definition related to shoreline permits only). An individual, partnership, corporation, association, organization, cooperative, public or municipal corporation or agency of the State or local governmental unit however designated. (RCW 90.58.030(1)(e))

Personal Services. Enterprises that provide personal benefits to individuals, such as repair shops, laundry services, personal care services, death care services, pet care services, etc.

Personal Storage Facility. A facility that can be indoor (enclosed) or outdoor (open), constructed for the purpose of storing personal goods on an individual basis. Where allowed, storage facilities may also include long-term vehicle storage.

Pervious Hard Surface. A hard surface that is porous allowing water to pass through, i.e., porous concrete, permeable asphalt or pavers, grasscrete.

Pesticide Management Plan. A guidance document for the prevention, evaluation, and mitigation for occurrences of pesticides or pesticide breakdown products in ground and surface waters.

Places of Worship. A church, synagogue, temple, or other place of religious worship.

Planned Neighborhood Development (PND). A development constructed on at least 15 acres under single application, planned and developed as an integral unit, and consisting of a combination of residential and nonresidential uses on land within a PND district (see Section 14.36.040, Planned Neighborhood Development Districts Established) in accordance with Section 14.16C.080.

Planned Residential Development. A development constructed on at least one acre under a single application, planned and developed as an integral unit, and consisting of single-family detached residences and may be combined with two-family residences, multifamily residences, public/semi-public amenities (e.g., usable open space, a community center, recreational facilities, etc.), or a combination thereof, all developed in accordance with Section 14.18.300, Planned Residential Developments.

Planning Director. The Director of the Department of Planning and Community Development.

Planning Jurisdiction. The area within the City limits as well as any area beyond the City limits within which the City is authorized to plan for and regulate development, as set forth in Section 14.04.030 (Jurisdiction).

Planning Official. The Director of the Department of Planning and Community Development or his/her designee.

Plat. 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, Final. The final drawing of a long or short subdivision and dedication prepared for filing for record with the County Auditor and containing all elements and requirements set forth in this title.

Plat, Formal. See Plat, Long.

Plat, Long. A map or representation of a long or formal subdivision.

Plat, Preliminary Long, or Plat, Preliminary Short. A neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, restrictive covenants, and other elements of a subdivision consistent with the requirements of this title. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.

Plat, Short. A map or representation of a short subdivision.

Playground (definition related to recreational marijuana facilities regulations only). A public outdoor recreation area for children, usually equipped with swings, slides, and other playground equipment, owned and/or managed by a city, county, State, or Federal government.

Pollution-Generating Pervious and Hard Surfaces. Surfaces that are considered a significant source of pollutants in stormwater runoff. Pollution-generating surfaces include both pervious and hard surfaces, such as surfaces subject to vehicular use, roofs, lawns and landscaped areas.

Practicable Alternative. An alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having less impacts to critical areas. It may include an area not owned by the applicant which can reasonably be obtained, utilized, expanded, or managed in order to fulfill the basic purpose of the proposed activity.

Predeveloped Condition. The native vegetation and soils that existed at a site prior to the influence of Euro-American settlements.

Primary Residence. A person’s usual place of return for housing where one makes their home and conducts their daily affairs, including, without limitations, paying bills and receiving mail. A primary residence is generally the dwelling unit with the residential address used on documentation related to identification, taxation and insurance purposes, including, without limitation, income tax returns, medical service plans, voter registration, paycheck stubs, lease or rental agreement, mortgage agreements, bank statements, driver’s licenses, valid state identifications, and/or vehicle registrations. See also principal unit per RCW 36.70A.696.

Priority Habitats. Areas that support diverse, unique, and/or abundant communities of fish and wildlife, as determined by the Washington Department of Fish and Wildlife Map Products 2006.

Priority Species. Wildlife species of concern due to their population status and their sensitivity to habitat alteration.

Professional, Scientific, and Technical Services. Enterprises that perform professional, scientific, and technical activities for others that require a high degree of expertise and training. Activities performed may include legal services; accounting, bookkeeping, and payroll services; architectural, engineering, and specialized design services; computer services; consulting services; research services; advertising services; veterinary services; and other professional, scientific, and technical services.

Public Administration. Federal, State, and local government agencies that administer, oversee, and manage public programs and have emergency, executive, legislative, or judicial authority within a given area.

Public Park (definition related to recreational marijuana facilities regulations only). An area of land for the enjoyment of the public, having facilities for rest and/or recreation, such as a baseball diamond or basketball court, owned and/or managed by a city, county, state, or Federal government, or metropolitan park district. Public park does not include trails.

Public Place of Adult Entertainment. Any exhibition or dance constituting “adult entertainment,” as defined in this section, which is for the use or benefit of a member or members of the adult public, or advertised for the use or benefit of a member or members of the adult public, held, conducted, operated or maintained for a profit, direct or indirect.

Public Transit Center (definition related to recreational marijuana facilities regulations only). A facility located outside of the public right-of-way that is owned and managed by a transit agency or city, county, state, or Federal government for the express purpose of staging people and vehicles where several bus or other transit routes converge. They serve as efficient hubs to allow bus riders from various locations to assemble at a central point to take advantage of express trips or other route to route transfers.

Public Water Supply System. Any water supply system furnishing potable water to two or more dwelling units or businesses or any combination thereof.

Public Water System. A water system that serves two or more connections.

Qualified Professional. A person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, archaeology, cultural resources or related field, and two years of related work experience.

(a) A qualified professional for streams, wetlands or other natural habitats must have a degree in biology with professional experience related to the subject critical area; for wetlands this includes delineating wetlands using Federal manuals, preparing wetland reports, conducting function assessments, and developing and implementing mitigation plans.

(b) A qualified professional for geologically hazardous areas must be a professional geotechnical engineer or geologist, licensed by the State of Washington.

(c) A qualified professional for cultural resources must have a degree in archaeology or cultural resources and professional experience related to their discipline of expertise.

Receive-Only Earth Station. An antenna and attendant processing equipment for reception of electronic signals from satellites.

Recovery Housing. Communal living facilities focused on recovery from drug and alcohol addiction (recognized disabilities) where residents live in a family-like setting, such as Oxford Houses and similar models.

Recreation Center or Facility (definition related to recreational marijuana facilities regulations only). A supervised center that provides a broad range of activities and events intended primarily for use by persons under 21 years of age, owned and/or managed by a charitable nonprofit organization, city, county, state, or Federal government.

Recreational Vehicle. A vehicle which is:

(a) Built on a single chassis;

(b) Four hundred square feet or less when measured at the largest horizontal projection;

(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

Reestablishment, Wetland Mitigation. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities could include removing fill material, plugging ditches, or breaking drain tiles. Reestablishment results in a gain in wetland acres.

Regulated Wetlands. Wetlands, including their submerged aquatic beds, and those lands defined as wetlands under the 1989 Federal Clean Water Act, 33 USC Section 251 et seq., and rules promulgated pursuant thereto, and shall be those areas that are inundated or saturated by surface or groundwater 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. Regulated wetlands generally include swamps, bogs, and similar areas. Wetlands created as mitigation and wetlands modified for approved land use activities shall be considered as regulated wetlands. Regulated wetlands do not include those constructed wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention/retention 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.

Rehabilitation, Wetland Mitigation. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic function of a degraded wetland. Activities could involve breaching a dike or reconnecting wetland to a floodplain or returning tidal influence to a wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres.

Religious Organization. Means the federally protected practice of a recognized religious assembly, school, or institution that owns or controls real property.

Religious, Political, or Other Noncommercial Messages. Messages which state scripture, opinion, ideas, sentiments and postures and do not advertise events, goods and services of any kind.

Repair or Maintenance Activities. An action to restore the character, size, or scope of a project only to the previously authorized condition.

Residence, Duplex. A two-family residence containing two dwelling units. Units may be stacked or side-by-side and occupy one single lot or separate lots.

Residence, Fourplex. A building containing only four dwelling units. Units may be stacked or side-by-side and occupy one single lot or separate lots. Fourplexes meeting the definition for townhomes may be considered as such.

Residence, Garden/Courtyard Apartment. A residential development that shares a landscaped courtyard. The structure or structures are arranged around a garden court with parking typically consolidated and located to the side or rear of the development.

Residence, Multifamily. A residential use consisting of a building containing three or more dwelling units. For purposes of this definition, a building includes all dwelling units that are enclosed within that building or attached to it by a common floor or wall (even the wall of an attached garage or porch).

Residence, Multifamily Apartments. A multifamily residential use other than a multifamily conversion or multifamily townhouse.

Residence, Multifamily Conversion. A multifamily residence containing not more than four dwelling units and results from the conversion of a single building containing at least 2,000 square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single-family residence.

Residence, Multifamily Townhomes and Row Houses. A multi-story structure containing a group of three or more attached dwelling units, in which each dwelling unit shares a common wall (including without limitation the wall of an attached garage or porch) with at least one other dwelling unit; has a separate, ground floor entrance; and each dwelling unit has open space on at least two sides.

Residence, Single-Family. A building containing one dwelling unit. Unit may also have an attached or detached accessory dwelling unit.

Residence, Single-Family Attached, One Dwelling Unit Per Lot. A residential use consisting of a single building containing two dwelling units which share a common wall (including without limitation the wall of an attached garage or porch), but located on two separate lots containing no other dwelling units in such a manner that a lot line bisects the building along the common wall and that each dwelling unit is completely on a separate lot.

Residence, Single-Family Detached, More Than One Dwelling Per Lot. A residential use consisting of two or more single-family detached dwelling units on a single lot.

Residence, Single-Family Detached, One Dwelling Unit Per Lot. A residential use consisting of a single detached building containing one dwelling unit and located on a lot containing no other dwelling units.

Residence, Triplex. A building containing three dwelling units. Units may be stacked or side-by-side and occupy one single lot or separate lots. Triplexes meeting the definition for townhomes may be considered as such.

Residence, Two-Family. A residential use consisting of a building containing two dwelling units. If two dwelling units share a common wall, even the wall of an attached garage or porch, the dwelling units shall be considered to be located in one building.

Residence, Two-Family Conversion. A two-family residence resulting from the conversion of a single building containing at least 2,000 square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single-family residence.

Retail Trade. Enterprises, such as department stores, electronic stores and hardware stores, engaged in direct retail sales of goods and merchandise to the public.

Retaining Wall. A wall designed to resist lateral earth and/or fluid pressures, including any surcharge in accordance with accepted engineering practice.

(a) “Exposed wall height is the vertical distance measured from the finished grade at the bottom of the wall (lower soil grade) to the finished grade at the top of the wall. This height does not include the wall and depth of footing below grade.

(b) “Retained wall height” is the vertical distance measured from the bottom of the footing to the finished grade at the top of the wall. It includes the wall and depth of footing below grade.

(c) “Surcharge” is a vertical load imposed on retained soil that may impose a lateral force in addition to the lateral earth pressure of the retained soils. Examples of surcharge include sloping retained soil, structure footings supported by the retained soil or adjacent vehicle loads supported by the retained soil.

Right-of-Way. Land dedicated primarily to the movement of vehicles and pedestrians and providing for primary access to adjacent parcels. Secondarily, the land provides space for utility lines and appurtenances and similar components.

Riparian Area. A transitional area between terrestrial and aquatic ecosystems and which is distinguished by gradients in biophysical conditions, ecological processes, and biota.

Riparian Habitat. An ecosystem that borders a stream which is occasionally flooded and periodically supports predominantly hydrophytes.

Riparian Habitat Zone. The riparian habitat zone includes those watercourses within the special flood hazard area and adjacent land areas that are likely to support aquatic and riparian habitat that correlate locally to the applicable, adopted fish and wildlife conservation area buffers. The size and location of the riparian habitat zone is dependent on the type of water body, as described in Section 14.88.430. The riparian habitat zone includes the water body and adjacent lands, measured perpendicularly from ordinary high water on both sides of the water body.

Riparian Zone. A transitional area between aquatic ecosystems (lakes, streams, and wetlands) and upland terrestrial habitats.

Road. An open way for vehicles. All public and private ways used to provide motor vehicle access to and from a destination.

Road, Private. A privately maintained easement or parcel created to provide vehicle access from a public road to one or more lots or units.

Rooming House. See Boarding House.

Scrub-Shrub Wetland. A wetland with at least 30 percent of its surface area covered with woody vegetation less than 20 feet in height.

Secondary School (definition related to recreational marijuana facilities regulations only). A high and/or middle school: A school for students who have completed their primary education, usually attended by children in grades seven to 12 and recognized by the Washington State Superintendent of Public Instruction.

Secure Community Transition Facility. A residential facility for persons civilly committed and conditionally released to a less restrictive alternative under Chapter 71.09 RCW. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under this chapter and operated by the secretary or under contract with the secretary.

Security Mechanism. A bond, assignment of funds, or other mechanism approved by the city that guarantees the performance or maintenance of work, as further detailed in Section 14.16A.180.

Seismic Hazard Areas. Areas that, due to a combination of soil and groundwater conditions, are subject to severe risk of ground shaking, subsidence or liquefaction of soils during earthquakes.

SEPA. The Washington State Environmental Policy Act of 1971 (Chapter 43.21C RCW).

SEPA Rules. Chapter 197-11 WAC.

Servient Lot. Any lot which has the burden of providing an access easement for use by other lots.

Setbacks. Means the required distance measured horizontally between every building, structure or use and the lot lines, planned rights-of-way, rights-of-way or streets

Shorelands or Shoreland Areas. Lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the Department of Ecology. (RCW 90.58.030(2)(d))

Shoreline Master Program. The City’s comprehensive shoreline plan and supplemental land use regulations for shorelines adopted pursuant to Chapter 90.58 RCW.

Shoreline Substantial Development. Any development of which the total cost or fair market value exceeds $6,416 (WSR 07-15-090), as adjusted for inflation by the Office of Financial Management every five years, or any development which materially interferes with the normal public use of the water or shorelines of the State; except that the types of development defined in Section 14.16C.100(c) shall not be considered substantial developments for the purpose of this chapter. A dock is not considered substantial development if the fair market value of the dock does not exceed $10,000, but if subsequent construction having a fair market value exceeding $2,500 occurs within five years of completion of the prior construction, the subsequent construction shall be considered a substantial development for the purpose of Chapter 14.92 and the Shoreline Master Program.

Shorelines. All of the water areas of the State, including reservoirs, and their associated wetlands, together with the lands underlying them; except:

(a) Shorelines of Statewide significance;

(b) Shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less and the wetlands associated with such upstream segments;

Shorelines of Statewide Significance. In the Lake Stevens area, those lakes, whether natural, artificial or a combination, with a surface acreage of 1,000 acres or more measured at the ordinary high water mark, and those natural rivers or segments thereof downstream of a point where the annual flow is measured at 1,000 cubic feet per second or more.

Shorelines of the State. The total of all “shorelines and shorelines of Statewide significance” within the State.

Short Plat. See Plat, Preliminary.

Short Subdivision. See Subdivision, Short.

Short-Term Rental. A residential dwelling unit, in which all or part of the structure including an accessory dwelling unit is rented to a rental party, on a nightly or weekly basis for temporary lodging of less than 30 days, subject to the standards identified in Section 14.44.064. Short-term rentals do not include bed and breakfasts, inns, hotels and motels.

Short-Term Rental Party (or Rental Party). A group of no more than four nonrelated individuals renting the short-term rental for a specified period of one or more nights but less than 30 days and visitors of the overnight occupants.

Short-Term Rental Operator (or Operator). The owner, property management company, or another entity or person designated by the owner to act on their behalf as the main contact for rental parties responsible for day-to-day operations of the short-term rental, addressing any complaints and to ensure compliance with the requirements of Section 14.44.064.

Short-Term Rental Owner. The owner of the short-term rental who has an interest in the property as provided for in the property deed. All persons listed in the deed that have an ownership interest are required to sign the short-term rental permit application. If the property is held in a trust or is part of a limited liability company (LLC), the trustee or the general member of the LLC must sign the short-term rental permit application. If the property is held in a corporation’s name, the corporation’s duly authorized agent shall sign the short-term rental permit application. Each owner shall be held jointly and severally liable for any violations of this chapter.

Side Lot Line. Means any lot line that is neither a front nor rear lot line.

Sign. Any device that (a) is sufficiently visible to persons not located on the lot where such device is located to accomplish either of the objectives set forth in subsection (b) of this definition; and (b) is designed to attract the attention of such persons or to communicate information to them.

Sign, Commercial. A sign erected for a business transaction or advertising the exchange of goods and services.

Sign, Construction. Any sign used to identify the architects, engineers, contractors or other individuals or firms involved with the construction of a building, or to announce the character or type of building.

Sign, Electrical. A sign or sign structure in which electrical wiring, connections or fixtures are used.

Sign, Electronic Changing Message. An electrically activated sign whose message content, either in whole or in part, may be changed by means of electronic programming. These signs shall include those displaying time, temperature, and messages of a public or commercial nature.

Sign, Feather or Sail. A vertical portable sign that contains a harpoon-style pole or staff driven into the ground for support or supported by means of an individual stand.

Sign, Flashing. A sign or a portion thereof which changes light intensity or switches on and off in a constant pattern or contains motion or the optical illusion of motion by use of electrical energy.

Sign, Freestanding. A sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure having a principal function other than the support of a sign. A sign that stands without supporting elements, such as a sandwich sign, is also a freestanding sign.

Sign, Incidental. A small sign, emblem or decal informing the public of goods, facilities or services available on the premises, e.g., a credit card sign or a sign indicating hours of business, which does not exceed two square feet in size.

Sign, Informational/Directional. A small sign of a noncommercial nature intended primarily for the convenience of the public. Included are signs designating restrooms, address numbers, hours of operation, entrances to buildings, directions, help wanted, public telephone, parking directions, etc.

Sign, Internally Illuminated. Any lighted sign whereby the light source is located within the sign cabinet, excluding use of lighting for animated display boards.

Sign, Monument. A ground-mounted, freestanding sign with a wide, solid, and decorative base attached to the ground.

Sign, Noncommercial. Any sign that is not a commercial sign. This definition also includes signs regarding fundraising or membership drive activities for noncommercial or nonprofit entities or groups.

Sign, Nonconforming. A sign that, on the effective date of the ordinance codified in this title, does not conform to one or more of the regulations set forth in this title, particularly Chapter 14.68, Signs.

Sign, Off-Premises. A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other activity that is conducted, sold, or offered at a location other than the premises on which the sign is located.

Sign, On-Premises. A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained, or provided on the premises where the sign is located.

Sign Permit. A permit issued by the Planning Director that authorizes the recipient to erect, move, enlarge, or substantially alter a sign.

Sign, Portable. A sign not permanently attached to a building or the ground that includes A-frame, sandwich boards, and signs with mobile bases, etc., but does not include real estate, open house, or political signs.

Sign, Projecting. A sign that extends out from the face of a building supported by a frame or arm attached to the structure.

Sign, Suspended. A sign hanging down from a marquee, awning, canopy, or similar structure.

Sign, Temporary. Any sign that is intended and designed to be displayed for a limited period of time, including, without limitation, a sign that is not permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any poster, banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent support, stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not limited to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than 20-ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the permanent sign regulations of Chapter 14.68.

Significant Tree(s). See Tree(s), Significant.

Site Plan Review. The process whereby local officials review the site plans or master plans to ensure they meet the stated purposes and standards of the zone, provide for necessary public facilities such as roads, and accomplish the goals of the City as stated in adopted comprehensive plans and development regulations.

Sphagnum. Any of a large genus of mosses that grow only in wet acidic soils and whose remains become compacted with other plant debris to form peat.

Sponsor. Means an organization that is recognized by the Internal Revenue Service as exempt from Federal income taxes as a religious organization that expresses its mission to include organizing living accommodations for the temporary.

Standard Record of Survey. A record of survey form approved by the City of Lake Stevens and in accordance with Chapter 58.09 RCW.

Start of Construction (definition related to flood permits only). Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the “actual start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Stormwater. Surface water runoff that occurs when precipitation from rain or snowmelt flows over the land’s surface.

Streams. Water contained within a channel, either perennial or intermittent, and classified according to a locally appropriate stream classification system based on WAC 222-16-030. Streams also include open natural watercourses modified by man. Streams do not include irrigation ditches, waste ways, drains, outfalls, operational spillways, channels, stormwater runoff facilities or other wholly artificial watercourses, except those that directly result from the modification to a natural watercourse. Streams are further characterized as S, F, Np, or Ns.

Street. A facility providing access, including the roadway and all other improvements.

Street, Arterial. A main street in the City’s street system that serves as an avenue for the circulation of traffic onto, out of, or around the City and carries high volumes of traffic. Major arterials are intercommunity roadways connecting community centers or major facilities. Minor arterials are intracommunity roadways for areas bounded by the major arterials.

Street, Collector. A street whose principal function is to carry traffic between local access streets and arterial streets, but they may also provide direct access to abutting properties.

Street, Cul-de-Sac. A street that terminates in a vehicular turnaround.

Street, Freeway/Expressway. An interregional divided or undivided highway connecting major centers.

Street, Local Access. A street whose sole function is to provide access to abutting properties.

Street, Private. See Road, Private.

Structure. Anything constructed or erected.

Subdivision. The division or redivision of land into lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership; but the following shall not be included within this definition nor be subject to the regulations of this title applicable strictly to subdivisions: the public acquisition by purchase or dedication of strips of land for widening or opening streets.

Subdivision, Architecturally Integrated. (Deleted by Ord. 676)

Subdivision, Formal. See Subdivision, Long.

Subdivision, Long. 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, however, unbuildable areas outside of such lots, tracts, parcels, sites or divisions for other purposes, such as access, drainage, and the protection of critical areas, shall not be considered a lot, tract, parcel, site or division.

Subdivision, Short. 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, however, unbuildable areas outside of such lots, tracts, parcels, sites or divisions for other purposes, such as access, drainage, and the protection of critical areas, shall not be considered a lot, tract, parcel, site or division.

Supervised Drug Consumption Facility. A facility designed to provide a location where individuals are able to consume illicit drugs under professional supervision.

Swamp. A wetland whose dominant vegetation is composed of woody plants and trees.

Temporary Emergency, Construction, or Repair Residence. A residence (which may be a mobile home) that is: (a) located on the same lot as a residence made uninhabitable by fire, flood, or other natural disaster and occupied by the persons displaced by such disaster; or (b) located on the same lot as a residence that is under construction or undergoing substantial repairs or reconstruction and occupied by the persons intending to live in such permanent residence when the work is completed; or (c) located on a nonresidential construction site and occupied by persons having construction or security responsibilities over such construction site.

Temporary Encampment. Means a short-term residence facility for a group of people that is composed of tents or other temporary structures on a site provided or arranged for by a sponsor with services provided by a sponsor and supervised by the sponsor or a managing agency.

Temporary Sign. See Sign, Temporary.

Temporary Use. An incidental use of limited duration and/or frequency allowed over a specified period.

Through Lot. See definition under Lot.

Toe of Slope. The lowest part of an embankment slope. It is the point at which the front of a slope intersects with the natural ground line.

Tower. Any structure whose principal function is to support an antenna.

Tract. A lot (see Lot). The term “tract” is used interchangeably with the term “lot,” particularly in the context of subdivisions, where one tract is subdivided into several lots.

Traffic Calming Technique. Any technique, whether physical, visual or regulatory, which is designed to slow the speed of vehicles to safe and posted speed limits.

Transit-Oriented Development. Developments that emphasize access to public transportation and often incorporate features that encourage pedestrian activity and transit ridership.

Travel Trailer. A structure that (a) is intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle) and (b) is designed for temporary use as sleeping quarters but that does not satisfy one or more of the definitional criteria of a mobile home.

Tree(s), Significant. Any deciduous tree eight inches or greater in diameter (25 inches in circumference or greater), and any evergreen tree 12 inches or greater in diameter (37 inches in circumference or greater), measured one foot above the root crown.

Trees(s), Significant Stands of. Any stand of healthy trees, not particularly of a large size, that has a high likelihood of withstanding wind-throw even after adjacent trees are removed, and serves or could serve as biological habitat, a recreational or aesthetic amenity, or screening as required by this title.

Unavoidable and Necessary Impacts. Impacts that remain after a person proposing to alter critical areas has demonstrated that no practicable alternative exists for the proposed project.

Urban Growth Area. That portion of the City’s planning jurisdiction that lies outside the corporate limits of the City and within the urban growth boundary.

Usable Open Space. Land to be devoted to meet usable open space requirements of this title must not be encumbered with any substantial structure; not devoted to use as a roadway and associated sidewalks or parking area; be left in its natural or undisturbed state if wooded, except for the cutting of trails for walking or jogging, or, if not wooded, is landscaped for ball fields, picnic areas, or similar facilities, or is properly vegetated and landscaped with the objective of creating a wooded area; is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation; is legally and practicably accessible to the public; and consists of land no more than 25 percent of which lies within a floodplain or floodway as those terms are defined in this section.

Use. The activity or function that actually takes place or is intended to take place on a lot.

Use, Principal. A use listed in the Table of Permissible Uses.

Utility Facilities. Publicly, privately, or cooperatively owned facilities other than professional offices that contribute to the provision of utility services, including water, wastewater (sewer), stormwater, electricity, telecommunications, and natural gas.

Utility Facilities, Community or Regional. All utility facilities other than neighborhood facilities.

Utility Facilities, Neighborhood. Utility facilities that are designed to serve the immediately surrounding neighborhood and that must, for reasons associated with the purpose of the utility in question, be located in or near the neighborhood where such facilities are proposed to be located.

Variance. A grant of permission by the City for the purpose of granting relief from specific development standards of this title as applied to a particular piece of property.

Vehicle Accommodation Area. That portion of a lot that is used by vehicles for access, circulation, parking, and loading and unloading. It comprises the total of circulation areas, loading and unloading areas, and parking areas.

Vested Right. The guarantee that an application will be reviewed and a project can be developed (if a permit is issued) under regulations and procedures existing at one moment in time and regardless of changes that may have been made later and prior to final completion of a project or use.

Warehousing, Storage and Distribution. Enterprises that provide facilities to store general merchandise, refrigerated goods, and other warehouse products. These establishments generally handle goods in containers, such as boxes, barrels, and/or drums, using equipment, such as forklifts, pallets, and racks. This definition does not apply to personal storage facilities.

Waste Management and Remediation Services. Enterprises engaged in the collection, treatment, and disposal of waste materials, including hauling waste materials; operating materials recovery facilities; remediation services and facilities (i.e., those that provide for the cleanup of contaminated buildings, mine sites, soil, or groundwater); and septic pumping and other miscellaneous waste management services.

Water-Dependent. A use for which the use of surface water would be essential in fulfilling the purpose of the proposed project.

Water Purveyor, Recognized. Any entity legally bound to supply to any area of the City of Lake Stevens and, in addition, shall have a water supply capable of delivering at least 500 gallons per minute for one hour for fire protection above the maximum daily demand rate as defined by State statute.

Wetland Mitigation Bank. A site where wetlands and buffers are restored, created, enhanced, or, in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to similar resources.

Wetlands. Areas that are inundated or saturated by surface water or groundwater 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, bogs, marshes, 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. However, wetlands include those artificial wetlands intentionally created to mitigate conversion of wetlands. See approved Federal wetland delineation manual and applicable regional supplement.

Wholesale Sales. On-premises sales of goods primarily to customers engaged in the business of reselling the goods.

Wholesale Trade. Enterprises that sell or arrange the purchase of goods for resale (i.e., goods sold to other wholesalers or retailers), nonconsumer goods, and raw and intermediate materials and supplies used in production that are normally operated from a warehouse or office, characterized by having little or no display of merchandise.

Wooded Area. An area of contiguous wooded vegetation where trees are at a density of at least one six-inch or greater caliper tree per 325 square feet of land and where the branches and leaves form a contiguous canopy.

Work Release, Pre-Release or Similar Facilities. Any dwelling or place licensed, certified or authorized by State, Federal or local authorities for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation and counseling are provided to transition residents back into society, enabling them to live independently.

Zero Lot Line Development. Allows single-family residences, sharing a common street frontage, to shift to one side of a lot. This means that the same side of each lot may have a zero or reduced setback.

Zone. A classification of land use that provides a range of allowed uses that are subject to bulk and performance standards. A zone is applied to parcels within the City limits and depicted on the zoning map.

Zoning. The process by which the City legally controls the use of property and physical configuration of development upon tracts of land within its jurisdiction by establishing zones and adopting the zoning map. Zoning is an official control that implements the Comprehensive Plan and is enacted for the protection of the public health, safety and welfare.

Zoning Map or Official Zoning Map. A map adopted by the City which depicts the boundaries of the various zones established by this title. (Ord. 1179, Sec. 6, 2024; Ord. 1139, Sec. 2, 2023; Ord. 1147, Sec. 2, 2022; Ord. 1132, Sec. 2 (Exh. A), 2021; Ord. 1124, Sec. 2 (Exh. A), 2021; Ord. 1122, Sec. 2 (Exh. B, Sec. 14), 2021; Ord. 1121, Sec. 2 (Exh. A), 2021; Ord. 1119, Sec. 2 (Exh. A), 2021; Ord. 1096, Sec. 3, 2020; Ord. 1091, Sec. 2, 2020; Ord. 1089, Sec. 2, 2020; Ord. 1080, Sec. 2, 2020; Ord. 984, Sec. 2 (Exh. B), 2019; Ord. 1060, Sec. 2 (Exh. B), 2019; Ord. 1048, Sec. 2 (Att. A), 2019; Ord. 1031, Sec. 2 (Exh. A), 2018; Ord. 1030, Sec. 2 (Exh. B), 2018; Ord. 1020, Sec. 2, 2018; Ord. 1019, Sec. 2 (Exh. A), 2018; Ord. 1016, Sec. 3, 2018; Ord. 1015, Sec. 3 (Exh. B), 2018; Ord. 991, Sec. 3, 2017; Ord. 969, Sec. 2, 2016; Ord. 964, Sec. 2, 2016; Ord. 958, Sec. 1, 2016; Ord. 908, Sec. 4, 2014; Ord. 903, Secs. 3 – 5, 2013; Ord. 898, Sec. 1, 2013; Ord. 894, Sec. 1, 2013; Ord. 876, Secs. 7, 8, 2012; Ord. 860, Sec. 2 (Exh. 1), 2011; Ord. 855, Secs. 1 – 4, 2011; Ord. 821, Secs. 4, 5, 2009; Ord. 811, Secs. 17, 18, 19, 2010; Ord. 798, Sec. 1, 2009; Ord. 797, Sec. 2, 2009; Ord. 796, Secs. 2 – 4, 2009; Ord. 775, Secs. 2 – 15, 2008; Ord. 746, Secs. 2, 3, 2007; Ord. 741, Sec. 4, 2007; Ord. 737, Sec. 2, 2006; Ord. 699, Sec. 1, 2005; Ord. 676, Sec. 1, 2003; Ord. 666, 2002; Ord. 662, Sec. 1, 2002; Ord. 661, Sec. 1, 2002; Ord. 643, 2001; Ord. 615, 1999; Ord. 608, 1999; Ord. 607, 1999; Ord. 595, 1999; Ord 590, 1998; Ord. 511, 1996; Ord. 510, 1996; Ord. 499, 1995; Ord. 468, 1995)

14.08.020 Lots Divided by District Lines.

Recodified by Ord. 903. (Ord. 468, 1995)