Chapter 17.06 DEFINITIONS

A. Except where specifically defined in this chapter, all words used in this title shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular. The word “shall” is always mandatory, and the word “may” denotes a use of discretion in making a decision. The words “used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” Variances from these definitions shall not be granted.

B. The definitions found within Chapters 14.05 and 16.04 MVMC are hereby adopted by reference in their entirety as they are currently written or amended in the future.

C. The definitions found in Chapter 69.50 RCW and Chapter 314-55 WAC relating to marijuana licenses, application processes, requirements and reporting with regard to recreational marijuana are hereby adopted by reference in their entirety as they are currently written or as they may be amended in the future and shall apply in lieu of conflicting definitions within the city’s municipal code.

D. The definitions found in Chapter 69.51A RCW and Chapter 246-75 WAC relating to medical marijuana are hereby adopted by reference in their entirety as they are currently written or as they may be amended in the future and shall apply in lieu of conflicting definitions within the city’s municipal code. (Ord. 3627 § 9, 2014; Ord. 3429 § 2, 2008).

17.06.010 A definitions.

“Abutting” means to have boundaries that touch. When two parcels have a street or alley that runs between the two parcels, the two parcels are not abutting.

“Accessory building” means a subordinate building, the use of which is incidental to the use of the main building on the same lot where the building shall not exceed the height of and 50 percent of the existing gross floor area of the principal or main building, except where the principal or main building is less than 1,800 square feet in size, an accessory building of up to 900 square feet in size may be permitted.

“Accessory use” means a use incidental and subordinate in area, extent and purpose to the principal use and located on the same lot or in the same building as the principal or main use served on the same lot. This does not preclude the subject property from being subdivided through a binding site plan process at the time of development, or following the development of the proposed primary and accessory uses. Construction or initiation of an accessory use shall be concurrent with the primary permitted use or following the development and/or the commencement of the primary permitted use.

“Adjacent” means lots located across a public street, railroad, or right-of-way.

Affordable Housing and Affordable Housing Unit. See the definition found in Chapter 17.73 MVMC.

“Agricultural use” means:

A. The growing of crops, except marijuana;

B. The sale of products produced on the premises except marijuana; provided, that the lot area is greater than two acres; and provided, that only one sales stand, 450 square feet or less, shall be permitted; and

C. The raising of livestock, except commercial hogs; provided, that the operation conforms to all applicable health laws; and provided, that no more than one hoofed animal (excluding sucklings) shall be permitted for each one-half acre lot area. In no case shall any building housing livestock be located less than 200 feet from any property line.

“Alley” means a public thoroughfare which affords access to abutting property and is usually not intended for general traffic circulation.

“Alteration” means a change or rearrangement of structural parts, or an enlargement by extension of the existing structural parts, of a building, or the moving of a building from one location to another, or any change in addition to or modification of occupancy, business, commercial, industrial or similar uses. The installation or rearrangement of partitions affecting more than one-third of a single floor area shall be considered an alteration.

Area, Building. “Building area” means the total ground coverage of a building or structure which provides shelter, measured from the outside of its external walls or supporting members or from a point four feet in from the outside edge of a cantilevered roof.

“Area median income” or “AMI,” means an income estimate developed with U.S. Census data and an inflation factor based on the Congressional Budget Office (CBO) forecast of the national Consumer Price Index (CPI). The U.S. Department of Housing and Urban Development (HUD) calculates and releases this data on a yearly basis.

Area, Site. “Site area” means the total horizontal area within the property lines, excluding external streets.

“Awning” means a shelter, typically for a pedestrian walkway, that projects from and is supported by the exterior wall of a building. Awnings have noncombustible frames, but may have combustible coverings. Awnings may be fixed, retractable, folding or collapsible. Any structure which extends above any adjacent parapet or roof of a supporting building is not included within the definition of awning. (Ord. 3802 § 4, 2019).

17.06.020 B definitions.

“Bakery” means a store that bakes and sells products such as: Danish, muffins, breads, cookies, cakes, and other similar products.

“Bar” or “liquor bar” means a table or counter where alcohol is stored or prepared and served to customers who sit or stand at the bar. Bars or liquor bars are in lounges or in premises where minors are not allowed at any time.

“Basement” means that portion of a story partly underground and having at least one-half of its height, or more than five feet, below the adjoining finish grade.

“Bed and breakfast establishment” means an owner-occupied single-family residential unit which provides transient rental lodging normally limited to four guest rooms or less.

“Bedroom” means a room in a dwelling unit which is intended to be used primarily for sleeping, or a room which, in the judgment of the development services director, is likely to serve primarily as a room for sleeping.

Billboard. For “billboard,” see “sign.”

“Boardinghouse” means a dwelling in which not more than four people and/or boarders are housed.

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

“Building line” means the line of that face or corner or part of a building nearest the property line.

Building Site. For “building site,” see “area, site.” (Ord. 3606 § 13, 2013).

17.06.030 C Definitions.

“Cafe” means a small restaurant. Also referred to as a bistro or coffeehouse.

“Card room” means a use governed pursuant to the provisions of Chapter 9.46 RCW, 1973 Gaming Act, and licensed by the Washington State Gambling Commission that is an accessory use to a permitted restaurant or drinking establishment. Card rooms shall not offer slot machine play or other table games such as blackjack, craps, or roulette. A card room is not a casino. Card rooms can be open no later than 2:00 a.m. and they are not allowed to be located adjacent to or abutting the R-1, R-2, R-3 or R-4 zoning districts.

“Caretaker’s residence” means a dwelling unit located on the site of a nonresidential use and occupied only by a caretaker or guard employed on the premises, and consisting of only one residence per permitted establishment.

Cellar. For “cellar,” see “basement.”

“Certificate of occupancy” means a document issued by the building official stating that a newly constructed use may be legally occupied.

“Church” means a building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith.

“Clinic” means a building designed and used by two or more doctors for the medical, dental and surgical diagnosis and treatment of patients.

“Community association office” means a building, or portion thereof, used as an office engaged in the overall on-site management including sales and leasing, maintenance, and construction activities of the neighborhood or development in which it is located and approved as an integral part of the project.

“Community clubhouse” means a building, or portion thereof, used by residents of the neighborhood or development in which it is located for social, recreational, cultural, and educational purposes and approved as an integral part of the project.

“Conditional use” means a use which is allowed in a particular district only if approved by the hearing examiner. The conditional use permit process is described in Chapter 17.108 MVMC.

Conditional Use, Administrative. “Administrative conditional use” means a use that is approved by the development services director.

“Conference centers” means facilities where large gatherings of people converge to meet on a variety of subjects. These facilities are characterized by one large space where exhibits are set up and numerous adjoining meeting rooms. This definition excludes sports arenas, auditoriums, and exhibition halls.

“Coordinated local zoning for hazardous waste” permits off-site treatment and storage facilities of hazardous waste in one jurisdiction to serve the off-site facility needs of other jurisdictions; provided, the coordinated zoning is documented by signed agreements between all affected jurisdictions.

“Court” means an unoccupied open space bounded on three or more sides by buildings or lot lines on which walls are permitted.

“Coverage, lot” or “lot coverage” means the percentage of the area of a lot which is built upon or covered by structures, open or enclosed.

“Crops” means cultivated plants or agricultural produce, such as grain, vegetables, or fruit. Marijuana plants and marijuana products shall not be included within this definition. (Ord. 3627 § 11, 2014; Ord. 3606 § 14, 2013).

17.06.040 D definitions.

“Day nursery” means any type of group child day care program, including nurseries for children of working mothers, nursery programs for children under minimum age for public education, private kindergartens and programs involving after-school care.

“Delicatessen” means a store that sells foods that are already prepared, or require little preparation for serving, such as cooked meats, cheese, salads, and the like.

“Density” is expressed in dwelling units per acre (du/acre) and is computed by multiplying the total acreage of a parcel of property by the density allowed by the zone, existing or proposed, exclusive of existing or proposed public streets and rights-of-way and open water area of lakes, streams, tidal lands, and the area of delineated wetlands without buffer areas and without rounding the answer. This is referred to as “net density.”

“Density for mixed use buildings or developments” is computed by multiplying the total acreage of a parcel of property by the density allowed by the zone, exclusive of the footprint of nonresidential buildings when these buildings do not incorporate dwelling units above the nonresidential use, all parking, landscaping, and utilities that serve the nonresidential use, existing or proposed public streets and rights-of-way, and open water area of lakes, streams, tidal lands, and the area of delineated wetlands without buffer areas and without rounding the answer.

“Density for multifamily zoned developments” is computed by multiplying the total acreage of a parcel of property by the density allowed by the zone, exclusive of existing or proposed public streets and rights-of-way and open water area of lakes, streams, tidal lands, and the area of delineated wetlands without buffer areas and without rounding the answer.

“Detached building” means a building surrounded on all sides by open space.

“Developer” means a person, individual, corporation or partnership proposing, constructing or causing to construct improvements within the city limits. Such improvements include, but are not limited to, homes, buildings, subdivisions, streets and utilities.

Director. Unless another department head is specifically referenced, “director” shall mean the community and economic development director, or his/her designee.

“Drinking establishment” means a business where the primary use is dedicated to a bar or liquor bar.

Dwelling, Multifamily. “Multifamily dwelling” means a building designed to house three or more families living independently of each other.

Dwelling, Single-Family. “Single-family dwelling” means a detached dwelling unit containing but one kitchen, designed for and occupied exclusively by one family and the household employees of that family.

Dwelling, Two-Family or Duplex. “Two-family dwelling” or “duplex” means a building containing two one-family dwellings attached by a common wall, and designed to be occupied by two families living independently of each other.

“Dwelling unit” means a building or portion thereof providing complete housekeeping facilities for one family.

Dwelling Unit, Detached. “Detached dwelling unit” means a dwelling unit that is not attached or physically connected to any other dwelling unit or other use. (Ord. 3606 § 15, 2013).

17.06.050 E definitions.

“Easement” means 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.

Elderly – Adult Residency Requirement. “Elderly” means that an adult residency requirement is in place that specifies that no person shall reside in a dwelling unit specified as “specialized housing units for the elderly” unless such a person is 55 years of age or older, or the spouse of a resident adult.

“Electrical distribution substation” means an assembly of equipment designed to receive energy from a high-voltage distribution supply system, to convert it to a form suitable for local distribution, and to distribute the energy to feeders through switching equipment designed to protect the service from the effects of faults.

“Emergency shelter for the homeless” means buildings or structures located on one lot in which a public entity or a private, nonprofit organization provides shelter or food and shelter for a limited period of time to individuals and/or families having neither a home nor the means to obtain a home or other temporary lodging.

“Essential public facility” (EPF) means any public facility or facilities owned or operated by a unit of local or state government, public or private utility, transportation company, or any other entity that provides a public service as its primary mission, and is difficult to site. EPFs include those facilities listed in RCW 36.70A.200. (Ord. 3425 § 4, 2008; Ord. 3315, 2006; Ord. 2943 § 47, 1999; Ord. 2598 § 1, 1994; Ord. 2352, 1989).

17.06.060 F definitions.

“Family” means one person or two or more related persons living together, or not more than eight unrelated persons living together as a single, nonprofit housekeeping unit.

“Fence” means an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas, excluding vine arbors and trellises used for landscaping purposes and approved by the building department.

“Floor area” means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walls and from the centerline of division walls. “Floor area” includes: basement space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces with headroom of seven feet six inches or more, penthouse floors, interior balconies and mezzanines, and enclosed porches. “Floor area” does not include: accessory water tanks and cooling towers, mechanical equipment or attic spaces with headroom of less than seven feet six inches, exterior steps, terraces, breezeways and open spaces. For the purpose of computing required parking space, gross floor area shall be defined as the main areas of the building that are occupied. It does not include accessory areas ordinarily used by the occupant such as restrooms, stairs, shafts, wall thickness, corridors and mechanical rooms.

Floor Area, Net for Parking Space Calculations. For the purpose of computing required parking space, net floor area shall be defined as the main areas of the building that are occupied. It does not include accessory areas ordinarily used by the occupant such as restrooms, stairs, shafts, wall thickness, corridors and mechanical rooms.

“Forested buffer” means a double row of evergreen trees with offset rows planted at a maximum spacing of 15 feet triangulated on center with medium-sized shrubs (three to five feet maturity height) and ground cover plants added at a density to form an effective barrier to cover 85 percent surface coverage within two years. Minimum tree size shall be five feet, minimum shrub size shall be two-gallon, and minimum ground cover size shall be one gallon or equivalents; however, these sizes are minimums and it is likely that larger trees, shrubs and plants will have to be initially planted to achieve the requisite 85 percent surface coverage within two years. The forested buffer shall have a six-foot high sight-screening fence between the abutting and project properties and a three-foot high fence on the opposite side of the buffer as the six-foot high fence to ensure that the buffer area is clearly delineated and not disturbed by the property owners abutting it. The forested buffer area shall also be identified as a tract within a plat, unless the CED director makes an administrative determination as part of the plat process that an easement can be created over the forested buffer area instead of it being located within a tract. When a forested buffer is part of a plat a homeowner’s association shall be established and this association will be responsible for the monitoring and maintenance of the forested buffer area. (Ord. 3429 §§ 17, 18, 2008; Ord. 3327 § 17, 2006; Ord. 3315, 2006; Ord. 3266 § 2, 2005; Ord. 2926 § 5, 1998; Ord. 2352, 1989).

17.06.070 G definitions.

Garage, Parking Commercial or Public. “Commercial or public parking garage” means a building or structure which may be located above or below ground, with stalls accessed via interior aisles, and used for temporary storage of motor vehicles. Structured parking can be a stand-alone use or a part of a building containing other uses. This definition excludes commercial or public surface parking, RV storage, the long-term parking or storage for any motor vehicle, and park and ride facilities.

Garage, Private. “Private garage” means a sheltered or enclosed space designed and used for the storage of the motor vehicles or boats of the residents of the premises.

“Gardening” means to lay out, cultivate or tend to a plat of ground where flowers, shrubs, vegetables, or fruits are grown for personal use. This term does not allow growing of marijuana in any form.

“Gas station” means any area of land, including the structures thereon, that is used for the sale of gasoline or other motor fuels, oils, lubricants and auto accessories, and which may or may not include washing, lubricating and other minor servicing, but no painting operation.

“Grade” means an elevation that shall be determined by averaging the finished ground elevations within six feet of points situated every 10 feet along an imaginary line located between the building and the lot line; or where the lot line is more than six feet from the building, between the building and a point six feet from the building, this is also known as “average grade.”

“Group home” means a single-family residence for up to eight unrelated individuals who need special care due to sensory, mental or physical disabilities; provided, that this shall not apply to a residence used for the placement of individuals who have been convicted of a crime or juvenile offense or have gone through some form of diversion proceedings either as an adult or a juvenile offender. The purpose of a group home is to provide supervision and support in a family-like setting for persons unable to live independently. A group home shall require a certificate of occupancy issued by the community and economic development director prior to occupancy for which certificate shall be issued; provided, that the following standards are met:

A. 1. The group home is at least 1,000 feet from any other group home or shelter care facility; and

2. The group home is licensed by an appropriate agency of the state; and

3. The group home has adequate off-street parking and the appearance conforms with the neighborhood.

B. If the criteria set forth in subsection A of this section cannot be met by a proposed group home, the community and economic development director shall refer the request to the hearing examiner who shall make recommendation to the city council. The city council may approve the proposed group home and direct the community and economic development director to issue a certificate of occupancy therefor if it finds that:

1. The cumulative effect of the proposed group home will not alter the residential character of the neighborhood; and

2. The proposed group home will not create an institutional setting; and

3. The proposed group home will not exceed the capacity of existing community recreation and social service facilities; and

4. The proposed group home and the care provided therein meets or exceeds recognized standards for such facilities as shown by permits from a governmental licensing authority or recognition from a recognized authoritative association with expertise. (Ord. 3627 § 12, 2014; Ord. 3484 § 2, 2010; Ord. 3429 §§ 19, 20, 21, 2008; Ord. 3315, 2006; Ord. 3092 § 39, 2002; Ord. 2967 § 1, 1999; Ord. 2352, 1989).

17.06.080 H definitions.

“Hazardous waste” is all dangerous waste (DW) and extremely hazardous waste (EHW) as defined in RCW 70.105.010.

“Hazardous waste storage” is the holding of dangerous waste for a temporary period as regulated by the State of Washington Dangerous Waste Regulations, Chapter 173-303 WAC.

“Hazardous waste treatment” is the physical, chemical or biological processing of dangerous waste to make wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage or reduced in volume.

Height, Building. “Building height” means the vertical distance between grade as defined in this chapter and the highest part of the coping of a flat roof, or the deck line of a mansard roof, or the average height of the highest gable of a pitched or hipped roof. The measurement may be taken from the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above grade. The height of a stepped or terraced building is the maximum height of any segment of the building.

Hogs, Commercial. “Commercial hogs” means more than one sow, one boar and their one-year-old litter.

“Hospital” means a building designed and used for the medical and surgical diagnosis, treatment and/or housing of persons under the care of doctors and nurses. This would include kidney centers, cancer centers, and outpatient treatment clinics associated with surgical centers. Specialized housing units for the elderly, convalescent homes, rehabilitation centers and clinics are not included within the definition of a “hospital.”

“Hotel” (or motel) means a building or portion thereof designed or used for the transient rental of five or more units for sleeping purposes. A central kitchen and dining room and accessory shops and services catering to the general public can be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care. (Ord. 3429 §§ 22, 23, 2008; Ord. 3315, 2006; Ord. 2997 § 2, 2000; Ord. 2943 § 47, 1999; Ord. 2865 § 2, 1998; Ord. 2352, 1989).

17.06.090 I definitions.

Reserved.

17.06.100 J definitions.

“Junkyard” means a lot, land or structure, or part thereof, used for the collection, storage and sale of wastepaper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging or sale of parts of machinery or vehicles not in running condition. (Ord. 3315, 2006; Ord. 2352, 1989).

17.06.110 K definitions.

Kennel. More than three dogs constitute a “kennel.” (Two dogs and an unweaned litter do not constitute a kennel.) (Ord. 3315, 2006; Ord. 2352, 1989).

17.06.120 L definitions.

Land Coverage. See “coverage.”

“Level of service” or “LOS” means a minimum standard established by the city of Mount Vernon to ensure the adequacy and safety of the various public services (utilities and drainage) facilities and infrastructure (i.e., utilities, streets and drainage) to accommodate anticipated utilization.

“Live-work building” means a building used jointly for commercial and residential purposes. The residential use shall be limited to one dwelling unit per leasable commercial space and the dwelling unit within the building shall be the primary dwelling of the person(s) operating the commercial use.

“Lot” means a single tract of land, no matter how legally described, whether by metes and bounds and/or by lots and block designation as in a recorded plat, that at the time of applying for a building permit is designated by its owner or developer as the tract to be used, developed or built upon as a unit of land under single ownership or control and assigned to the particular use for which the building permit is being secured.

Lot, Corner. “Corner lot” means a lot at the junction of and fronting on two or more intersecting streets. The minimum width of both property lines that abut a street shall be 60 feet.

“Lot depth” means the mean dimension of the lot from the front street line to the rear line.

Lot, Flag. “Flag lot” means a lot with access to a road only by a private accessway. The entire length of the private accessway of a flag lot shall be no less than 20 feet in width. The entire length of the private accessway shall not be included in calculating the minimum lot area.

Lot, Interior. “Interior lot” means a lot fronting on one street.

Lot, Through. “Through lot” means a lot fronting on two streets.

“Lot width” means the dimension of the lot line at the street; or in an irregular shaped lot, the dimension across the lot at the building line; or in a corner lot, the narrow dimension of the lot at a street or building line. (Ord. 3749 § 4, 2018; Ord. 3429 §§ 24, 25, 26, 2008; Ord. 3315, 2006; Ord. 2943 § 47, 1999; Ord. 2865 § 3, 1998; Ord. 2352, 1989).

17.06.130 M definitions.

“Manufactured home” means a home required to be titled under RCW Title 46, which has not been previously titled to a retail purchaser, and is not a “used home.” A used home is defined as a home that has been previously sold at retail and has been subjected to tax under Chapter 82.08 RCW, or which has been previously used and has been subjected to tax under Chapter 82.12 RCW, and which has substantially lost its identity as a manufactured home unit at the time of sale by virtue of its being fixed in location upon land owned or leased by the owner of the home and placed on a foundation (posts or blocks) with fixed pipe connections with sewer, water, and other utilities. Manufactured homes shall be set upon a permanent foundation as specified by the manufacturer. A permanent foundation is defined as a slab or strip footings. The space from the bottom of the home to the ground shall be enclosed by concrete or an approved concrete product, which can be either load bearing or decorative. The home shall be thermally equivalent to the State Energy Code, shall comply with all local design and development standards applicable to all other homes within the neighborhood in which it is to be located, and shall meet all other requirements for a designated manufactured home as defined in RCW 35.63.160.

“Market” means a small scale business selling a limited selection of goods and merchandise including, but not limited to, groceries, wares, or prepared food.

“Master plan” is intended to show how proposed development will comply with the development standards in the applicable zoning. It also is intended to show compatibility of development within the master plan area, and compatibility of anticipated uses in areas adjacent to and abutting the master plan area. It provides long-term guidance for a smaller area than a conceptual redevelopment plan, but a larger area than a detailed site plan.

“Mean depth” means the depth of such lot measured on a line approximately perpendicular to the fronting street and midway between the side lines of such lot.

“Mini-storage facility” means a building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual compartmentalized and controlled-access stalls or lockers for the dead storage of customers’ goods or wares.

“Mixed use building” means a building that contains at least one floor devoted to nonresidential uses allowed within the zone the building is located within and at least one floor devoted to residential uses allowed within the zone the building is located within.

“Mobile food van and espresso stand” means a vehicular-type unit designed for the preparation and dispensing of food and drink products, which either has its own motive power or is mounted on or drawn by another vehicle.

“Mobile home” means a factory-built structure, transportable in one or more sections, built on a chassis and designed to be a dwelling without a permanent foundation, that was constructed prior to the enactment of the National Manufactured Home Construction and Safety Standards Act of 1974. This definition does not include recreational vehicles or manufactured homes.

Modular Home. See definition of “Manufactured home” under this section.

“Modulation” means the recessing back or projecting forward of a portion of a building face or roof within specified intervals of building width and depth, as a means of breaking up the apparent bulk of the building’s continuous exterior walls. (Ord. 3749 § 5, 2018; Ord. 3606 § 16, 2013).

17.06.140 N definitions.

“Neighborhood convenience use” means a use that is clearly intended for convenient, daily use by residents of the surrounding neighborhood, including uses such as a beauty shop, barbershop, grocery store, delicatessen, dry cleaning, pharmacy, laundry pickup or bakery for sale of products only and excluding sale of gasoline or other automobile-related products.

“Nonconforming building” means a building or structure which does not conform in its construction, area, yard requirements or height to the regulations of the district in which it is located.

“Nonconforming building use” means the use of a building or structure which does not conform to the regulations of the district in which the use exists.

“Nonconforming land use” means the use of land which does not conform to the regulations of the district in which the use exists. (Ord. 3315, 2006; Ord. 2352, 1989).

17.06.150 O definitions.

“Office use” means a place of employment providing services other than production, distribution or sale or repair of goods or commodities. The following is a nonexclusive list of office uses: medical, dental or other health care; veterinary, accounting, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or limited goods are available on the premises, real estate, insurance, travel agent, brokerage or other similar services. The following uses are specifically excluded from the definition of office: banks, loan companies and similar financial institutions.

“Off-site treatment and storage facilities” treat and store hazardous wastes from generators on properties other than those on which the off-site facilities are located. Hazardous waste treatment and storage facilities are facilities that require an interim or final status permit from the Department of Ecology under Dangerous Waste Regulations, Chapter 173-303 WAC.

“On-site treatment and storage facilities” treat and store hazardous wastes generated on the same parcel of property where the on-site facility or facilities are located. Hazardous waste treatment and storage facilities are facilities that require an interim or final status permit from the Department of Ecology under Dangerous Waste Regulations, Chapter 173-303 WAC.

“Open space” means land that is reserved for recreational purposes or for the preservation of particular vegetative or topographic features. Such land shall not include buildings, streets, drives or parking areas. “Common” open space is that which is reserved for use by the residents of a neighborhood or development. “Private” open space is that reserved for use by residents of individual dwellings and is not part of “common” open space. “Usable” open space are those areas which have appropriate topography, soils, drainage and size to be considered for development as active and passive recreation areas for all residents within the development. Detention areas may be considered under this category providing the design of the area incorporates enhancement features making the detention area an amenity. Recreational facilities such as playground equipment, ball fields, court games, picnic tables, pedestrian and bike trails, garden areas, and enhanced stream corridors may be considered as meeting part of the open space requirement. Facilities and equipment developed as usable open space shall meet the minimum requirements of the Consumer Product Safety Guidelines for Public Playgrounds and the American Society for Testing and Materials F1487. Chapter 17.69 MVMC provides detailed definitions of open space types for PUDs and shall be referred to for open space compliance for PUDs. Chapter 17.70 MVMC provides detailed definitions of open space types when design review is necessary, and shall be referred to for open space compliance for design review.

“Oriented” means facing or directed toward.

“Outdoor or outside storage” means any material, including items for storage or sale, lease, processing and repair (including vehicles), not in an enclosed structure. (Ord. 3429 § 28, 2008; Ord. 3315, 2006; Ord. 2844 § 11, 1997; Ord. 2352, 1989).

17.06.160 P definitions.

“Park” means a tract of land, designated and used by the public for active and passive recreation.

“Park and ride” means a surface parking lot or structured parking garage used for parking of vehicles for commuters using any form of transit or ridesharing. This definition excludes commercial or public surface parking and commercial or public structured parking garages.

Park, Community/Regional. “Community/regional park” means a park that is larger than neighborhood parks, these are designed for organized activities and sports, although individual and family activities are also encouraged. Where there are no neighborhood parks, the community or regional park can serve this function. Larger parks often include one specific use or feature that makes the park unique. This definition includes but is not limited to community and regional parks as defined by the city of Mount Vernon parks plan, trails for nonmotorized travel, and accessory uses normal and incidental to parks.

Park, Neighborhood. “Neighborhood park” means a combination playground and park designed primarily for nonsupervised, nonorganized recreation activities. They are generally small in size. This definition includes but is not limited to community gardens and other accessory uses normal and incidental to parks.

“Parking space” means an off-street space used to temporarily park a motor vehicle and having access to a public street or alley.

Parking, Surface, Commercial or Public. “Surface, commercial or public parking” means open lots or grounds with at-grade parking improvements. This definition excludes commercial and public structured parking garages, RV storage, the long-term parking or storage for any motor vehicle, and park and rides.

“Permitted use” means any use authorized or permitted alone or in conjunction with another use in a specified district and subject to the limitations of the regulations of such use district.

“Personal services” means establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel, i.e., laundry, including cleaning and pressing service, linen supply, diaper service, beauty shops, barbershops, shoe repair, steam baths, reducing salons and health clubs, clothing rental, locker rental, porter service, and domestic services.

“Planned unit development (PUD) density” or “density” when used in the context of a residential PUD shall be expressed in dwelling units per acre (du/acre), and shall be computed the same way that density for standard or short subdivisions are. See the definition for “Density” within MVMC 17.06.040.

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

“Primary use” or “principal use” means the principal use of a property, structure or building, and is the main or principal activity for which the property is designed and used. A primary use shall utilize over 50 percent of the gross building and lot area.

“Professional offices” means a collection of services involving specialized knowledge, including but not limited to professions such as accounting, law, medicine, engineering or architecture, which require limited advertising devices for the attraction of clientele.

Property Line, Front. “Front property line” means any portion of a property that is abutting a street or vehicular access easement or tract; except when an alley is utilized as a secondary access point the property line abutting the alley shall not be a front property line.

Property Line, Rear. “Rear property line” means any property line that is farther from and essentially parallel to a front property line except on a lot which contains two or more front property lines. Where a lot abuts an alley, the rear yard shall always be the yard abutting the alley as long as the alley provides secondary access to the lot.

Property Line, Side. “Side property line” means any property line other than a front property line or a rear property line.

“Public facilities” means streets, roads, highways, sidewalks, street lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, park and recreation facilities, schools, and public buildings.

“Public utility” means a firm or public agency which provides a service that is utilized by or available to the general public, usually upon payment of a service fee. (Examples are sewers, telephone, water, cable television, power and natural gas.) (Ord. 3606 § 17, 2013).

17.06.170 Q definitions.

Reserved.

17.06.180 R definitions.

Recreation, Active. “Active recreation” means leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites, or fields. Includes golf, swimming, tennis and other court games, skateboard facilities, baseball, football, soccer and other field sports, track and playground activities.

Recreation, Passive. “Passive recreation” means activities that involve relatively inactive or less energetic activities, such as walking, hiking, biking, sitting, picnicking, card games, chess, checkers, and similar table games, open space and critical areas for nature walks and observation.

“Recreational vehicle” means a vehicular-type unit, built on a single chassis, designed as temporary living quarters for recreational, camping or travel, which either has its own motive power or is mounted on or drawn by another vehicle.

“Recreational vehicle park” means a development providing rental spaces for occupancy by recreational vehicles together with certain accessory buildings and uses provided for the benefit and enjoyment of the park.

“Reverse corner lot” means a corner lot, the rear of which abuts the side of another lot. (Ord. 3447 § 4, 2009; Ord. 3429 §§ 36, 37, 38, 2008; Ord. 3315, 2006; Ord. 3026 § 7(3), 2000; Ord. 2943 § 47, 1999; Ord. 2940 § 7, 1999; Ord. 2926 § 4, 1998; Ord. 2352, 1989).

17.06.190 S definitions.

“School” means any building or part thereof which is licensed by the state and is designed, constructed, or used for elementary and secondary education.

“Secure community transition facility” (SCTF) means, under RCW 71.09.020, 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 facility established pursuant to RCW 71.09.250 and any community-based facilities established under this chapter and operated by the Washington State Secretary of Social and Health Services or under contract with the Secretary.

“Setback” means the horizontal distance from the property line of the lot, or street or vehicular access easement or tract, to the building line of the structure.

“Shelter care facility” means a residence that provides temporary lodging to the victims and/or families of victims of a crime or other traumatic event; provided, that the shelter care facility must meet the criteria set forth in subsection A of the definition of group home.

“Sight-obscuring” is an adjective applied to a fence or wall meaning that the view from outside the subject property is substantially blocked by an opaque construction such as abutting wood boards or masonry.

“Sign” means any commercial communication device, structure or fixture, visible from a public right-of-way and using graphics, pictures, symbols or written copy that is intended to aid an establishment or business in promoting the sale of a product, goods or services. For the purpose of this title, a sign shall not be considered to be building or structural design, national flags or flags of political subdivisions, symbolic flags or insignias of an institution, point of purchase product dispensers, holiday decorations, gravestones, historical site plaques, holiday displays, works of art, murals, and supergraphics as defined in Chapter 17.87 MVMC, that contain no sign copy.

“Site plan review committee” or “SPRC” means a committee composed of the development services director, city engineer, fire chief, and building inspector or their designees and additional departments, consultants and/or agencies deemed necessary by the development services director to adequately review the project.

“Special uses” means certain uses which because of special requirements, unique characteristics, or infrequent occurrence may be allowed in certain use districts only if approved by the hearing examiner or city council, pursuant to the criteria and procedures established in this title.

“Specialized housing unit for the elderly” means a room or group of rooms used by one or more individuals living separately from others, in a structure designed for the needs of elderly people. These establishments shall provide services such as the supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of an elderly person. These facilities shall include the provision of personal care, supervision of self-administered medication, limited health facilities, communal dining facilities and services such as housekeeping, organized social and recreational activities and transportation services. These facilities can include programs where the elderly are provided social programs during the day without overnight stays. These units are commonly referred to as: Alzheimer care centers, assisted living facilities, congregate residences, continuing care retirement facilities, extended care facilities, long-term care facilities, residential health care facilities, skilled nursing homes, and hospice facilities. These facilities are not multifamily housing for the elderly. All specialized housing for the elderly shall comply with the following provisions:

A. The structure(s) shall comply with the city’s design standards and guidelines for multifamily buildings codified within Chapter 17.70 MVMC, but shall not have to comply with the standards for “Common Spaces/Usable Recreation Areas, Individual Outdoor Spaces, and Location of Parking.”

B. Limited signage shall be allowed to identify specialized housing for the elderly facilities. One identification sign not exceeding 20 square feet in sign area per sign face, and one directory sign not exceeding 15 square feet per sign face shall be permitted for each street frontage; however, signs shall not be internally illuminated, and pedestal signs shall not exceed five feet in height.

C. The number of parking spaces shall reflect all of the proposed uses within a structure utilized for specialized housing for the elderly. The following calculations shall be used to determine the number of off-street parking spaces on these sites. However, an applicant can choose to have a parking study completed by a licensed traffic engineer to determine the number of off-street parking spaces for a given facility. If such a study is submitted to the city, the applicant will pay for the city’s traffic engineer to review and approve the parking recommendations outlined within such a report. If a parking study yields less parking than what is outlined below, the applicant will be required to justify the conclusions of their report; and the city may require restrictions in the form of covenants on a property to ensure that adequate parking spaces are provided. For example, the city could require that a covenant be placed on the property stating that a certain category of elderly resident not be able to have a vehicle on the site; or they could be limited to a certain number of vehicle(s) that a resident could bring with them. The off-street parking areas shall comply with the dimensional standards outlined within Chapter 17.84 MVMC.

1. Three-quarters parking spaces shall be provided for each room housing an elderly resident where a license from the State Department of Health is not required; and

2. For areas within the structure where skilled nursing care is required, such as nursing homes, hospice, and other similar facilities, there shall be one parking space for each five hospital type beds that are required to be licensed through the State Department of Health; and

3. For areas within the structure where assisted living or other similar care is required there shall be one parking space for each four hospital type beds that are required to be licensed through the State Department of Health; and

4. There shall be a parking space for every employee during the maximum shift so that employees are not parking within spaces designated for the elderly residents or their visiting guests; and

5. There shall be parking areas designated for the buses and/or vans that the facility will utilize for transporting their elderly residents; and

6. There shall be parking spaces designated specifically for guest parking.

“Specified anatomical areas” means both of the following:

A. Less than completely and opaquely covered:

1. Human genitals, pubic region;

2. Buttock;

3. Breast below a point immediately above the top of the areola;

B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

“Specified sexual activities” means all of the following:

A. Human genitals in a state of sexual stimulation or arousal;

B. Acts of masturbation, sexual intercourse, or sodomy;

C. Fondling or other erotic touching of human genitals, pubic region, buttock, or breast.

Storage, Indoor. “Indoor storage” means a use engaged in the storage of goods and/or materials characterized by infrequent pick-up and delivery, and located within a building. The definition excludes hazardous material storage, self-service storage, warehousing and distribution.

Storage, Outdoor. “Outdoor storage” means a use engaged in outdoor storage, wholesale sales, rental, and distribution of products, supplies, and equipment. This definition excludes hazardous material storage, and warehousing and distribution.

“Story” means that portion of a building including between the upper surface of any floor and the upper surface of the floor above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under-floor space is more than six feet above grade, as defined in this chapter, for more than 50 percent of the total perimeter, or is more than 12 feet above grade at any point, such basement, cellar or unused under-floor space shall be considered as a story.

“Street” means a public or private thoroughfare which affords access to abutting properties.

Street, Arterial. “Arterial street” means streets intended for higher traffic volumes and speeds as designated by the public works department.

Street, Collector. “Collector street” means a street providing access with higher traffic volumes than a typical residential, commercial, or industrial access street. Collector streets are designated by the public works department.

“Structure” means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are mobile homes, recreational vehicles (e.g., motor homes, travel trailers, fifth wheel trailers, popup trailer, or truck camper), residential fences, retaining walls less than three feet in height, rockeries and similar improvements of a minor character. (Ord. 3802 § 5, 2019).

17.06.200 T definitions.

“Townhouse” or “townhouse style units” means a one-family, ground-related dwelling attached to one or more such units in which each unit has its own exterior, ground-level access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common walls. The common wall that separates the units shall have no doors, windows, or other provisions for passage or visibility. Typically the units are multistory. Townhomes shall consist of not more than a series of five attached units when developed within the R-2 district.

“Tract” means a lot, usually several acres in area. (Ord. 3504 § 6, 2010; Ord. 3315, 2006; Ord. 2352, 1989).

17.06.210 U definitions.

Reserved.

17.06.220 V definitions.

Reserved.

17.06.230 W definitions.

“Warehouses and distribution and wholesale uses” means uses engaged in short-term storage in preparation for rerouting, reshipment, or distribution of manufactured products, supplies, and equipment. This could include a use in connection with an industrial activity where incoming and outgoing shipments are a continuing operation. This use excludes hazardous material storage, indoor storage, outdoor storage, self-service storage, mini-storage, and vehicle storage. (Ord. 3429 § 42, 2009).

17.06.240 X definitions.

Reserved.

17.06.250 Y definitions.

“Yard” means an unoccupied space, open to the sky, on the same lot with a building or structure.

Yard, Allowed Projections Into. The following may project into required yard setbacks subject to the provisions of the International Building Code:

A. Fireplace structures, bay windows, garden windows, enclosed stair landings, closets, framed fireplace shafts or similar projections not wider than eight feet measured in the general direction of the wall of which it is a part: 18 inches into any yard;

B. Uncovered porches and platforms which do not extend above the floor level of the first floor: six feet into the front yard and rear yard; provided, they may extend three feet into the side yard when they do not exceed 18 inches in height above the finished grade;

C. Planting boxes or masonry planters not exceeding 42 inches in height and two feet in width may intrude into any required front yard;

D. The eaves of a dwelling or accessory structure may project 18 inches from the line of the setback toward a property line when the setback is at least five feet; and 24 inches toward a property line when the setback is at least six feet.

Yard, Front. “Front yard” means an open, unoccupied space extending from the street right-of-way or easement line to the nearest point of a roofed building on the lot and including the full width of the lot to its side lines.

Yard, Rear. “Rear yard” means an open, unoccupied space extending from the rear lot line to the nearest point of the roofed main building on the lot and including the full width of the lot to its side lines.

Yard, Side. “Side yard” means an open, unoccupied space extending from the front yard to the rear yard and from the nearest point of the roofed main building to the side lot line. (Ord. 3429 §§ 43, 44, 2008; Ord. 3315, 2006; Ord. 2352, 1989).

17.06.260 Z definitions.

Reserved.

Prior legislation: Ord. 3386.