Chapter 18.10 RULES AND DEFINITIONS

The purpose of this chapter is to explain the rules of construction of the language used throughout this title and define commonly used terms. (Ord. 433, 2012; Ord. 235 § 2.1, 1995)

18.10.010 Rules of construction.

In the construction of this title the following rules apply:

(1) Words used in the present tense shall include the future; words used in the singular shall include the plural, and the plural shall include the singular.

(2) All references are gender neutral. Wherever “he” or “him” are used it shall also refer to “she” and “her.”

(3) The word “shall” is mandatory and not discretionary.

(4) The word “may” is permissive.

(5) The word “lot” shall include the words “piece” and “parcel”; the word “building” includes all other structures of every kind regardless of similarity to buildings; and the phrase “used for” shall include the phrases “arranged for,” “designed for,” “intended for,” and “occupied for.” (Ord. 433, 2012; Ord. 235 § 2.2, 1995)

18.10.015 Access road.

“Access road” means a driveway that may provide access to more than one parking lot area, may provide access to more than one property or lot, and/or may provide internal access from one street to another. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.020 Accessory use or structure.

“Accessory use or structure” means a use or structure on the same lot which is customarily subordinate to the principal use of a building on the lot. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.025 Adopted site plan.

“Adopted site plan” means a comprehensive document and scale drawing which:

(1) Identifies and shows the area and locations of all streets, roads, improvements, utilities, open space and other amenities on and adjacent to the subject property; and

(2) Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the planning commission and approved, with modifications if appropriate, by the town council; and

(3) Contains provisions requiring conformity with the adopted site plan by any development. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.027 Adult family home.

“Adult family home” means a regular family abode in which a person or persons provides 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. (Ord. 433, 2012)

18.10.030 Aggrieved party.

“Aggrieved party” means a party who suffers a direct and adverse affect upon his personal, pecuniary or property rights by a decision of the town council or planning commission. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.035 Alley.

“Alley” means a public way either unimproved or improved which affords only a secondary means of access to abutting properties. Alley width shall be considered the distance between its right-of-way lines. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.040 Alterations.

“Alterations” means a change or rearrangement of the structural parts or exit facilities, or an enlargement by extending the sides or increasing the height or depth, or the moving from one location to another. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.045 Amendment.

“Amendment” means, unless otherwise specified, a change to this zoning title. There are two types of zoning amendments: textual amendments alter the text of this title, and map changes (also known as rezones) alter the boundaries of the various zoning districts on the official zoning map. Textual amendments may be requested by any citizen or property owner, the planning commission, or the town council. Map changes which alter the zone district classification may be requested by a person with a pecuniary interest in the property, the planning commission, or the town council. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.050 Amusement facilities.

“Amusement facilities” means those commercial establishments, such as theaters, dance halls, bowling alleys, skating rinks, miniature golf courses, arcades, waterslides or other similar uses, which provide recreation either indoors or in a confined, intensively utilized outdoor area. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.055 Antique.

“Antique” means any article, other than an automobile, that because of its age, rarity or historical significance has a monetary value greater than the original value. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.060 Antique shop.

“Antique shop” means a place that sells predominantly those articles which are antiques and antique-related objects. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.065 Apartment.

“Apartment” means a room, or suite of two or more rooms in a multifamily dwelling occupied or suitable for occupancy as a dwelling unit for one family. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.070 Apartment house.

“Apartment house” means any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of two or more families living independently of each other and each having separate cooking facilities. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.075 Apron.

“Apron” means the portion of the driveway approach that extends from the gutter flow line to the sidewalk area and underlying between the end slopes of the driveway approach. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.080 Area, site.

“Area, site” means the total horizontal dimensional area within the property lines, excluding external right-of-way lines. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.085 Auto wrecking yard.

“Auto wrecking yard” means an open area where inoperable autos, scrap, or waste are stored. Any area with two or more inoperable autos shall be considered an auto wrecking yard. Also see “Junk yard.” (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.090 Average grade level.

“Average grade level” means the average of the natural or existing topography of the portion of the lot, parcel or tract of real property which will be directly under the proposed building or structure. Calculation of the average grade level shall be made by averaging the elevations at the center of all exterior walls of the proposed building or structure. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.095 Bed and breakfast inn.

“Bed and breakfast inn” means an owner-occupied home with one to five rooms to let for transient lodging of guests, using a common entrance, one central kitchen, and a dining facility. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.100 Buffer zone.

“Buffer zone” means a strip of land established to separate one type of land use from another. Normally the buffer zone is landscaped and kept in open space uses. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.105 Building.

“Building” means any structure used or intended for supporting or sheltering any use or occupancy. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.110 Building, accessory.

“Building, accessory” means a subordinate building on a lot, incidental to the use of the main building on the same lot. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.115 Building area.

“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 or whichever is greatest. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.120 Building, detached.

“Building, detached” means a building surrounded on all sides by open space. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.125 Building line.

“Building line” means the wall, corner or part of a building nearest the property line. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.130 Building, nonconforming.

“Building, nonconforming” 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. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.135 Building permit.

“Building permit” means a permit for construction issued by the town of Skykomish to an applicant in accordance with the specific plans approved by the town building department or its representative. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.140 Building setback line.

“Building setback line” means a line, usually parallel to the front lot line, in front of which (between the building setback line and the front lot line) the roof line of a building cannot extend. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.145 Certificate of occupancy.

“Certificate of occupancy” means official certification by the town that a premises conforms to provisions of the zoning code and building code and that it may be used or occupied. Such certificate is granted for new construction or for the change of use of an existing structure for alterations or additions to existing structures. A building cannot be occupied until a certificate is issued. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.150 Club.

“Club” means an incorporated or unincorporated association of persons organized for a social, education, literary or charitable purpose. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.152 Cluster development.

“Cluster development” is a design technique or zoning strategy that involves grouping houses on smaller lots in one area of a development while preserving the remaining land on the site for recreation, common open space, or protection of environmentally sensitive areas. (Ord. 433, 2012)

18.10.153 Co-housing.

“Co-housing” means a residential development to encourage social interaction. (Ord. 433, 2012)

18.10.154 Condominium.

“Condominium” is housing consisting of a complex of dwelling units in which each of the units are individually owned. The purchaser only owns the interior, while the building itself is owned by the condominium association. (Ord. 433, 2012)

18.10.155 Conforming lot.

“Conforming lot” means a lot that contains the required width, depth, and square footage as specified in the zoning district in which it is situated. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.160 Conforming use.

“Conforming use” means a use that is listed as a permitted use or has a conditional use permit in the zoning district in which the use is situated. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.165 Cooperative parking facility.

“Cooperative parking facility” means an off-street parking facility shared by two or more buildings or uses. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.167 Cottage housing.

“Cottage housing” means homes smaller than average and clustered around a common area. (Ord. 433, 2012)

18.10.170 Council.

“Council” means the town council of the town of Skykomish. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.175 Court.

“Court” means a space, open and unobstructed to the sky, located at or about grade level on a lot and bounded on three or more sides by walls of a building. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.180 Coverage.

“Coverage” means the percentage of the area of a lot with structures and parking areas built upon it and/or used for residential, commercial or industrial purposes. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.185 Cultural facilities.

“Cultural facilities” include, but are not limited to, libraries, museums, art galleries, and dancing, music and art centers. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.190 Curb cut.

“Curb cut” means a depression in the roadside curb for driveway purposes which provides access to park from a public street. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.195 Day care facility.

“Day care facility” means an agency licensed by the state of Washington in which parental care and/or education is provided for children during the day. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.200 District or zone.

“District” or “zone” means an area accurately defined as to the boundaries and location on the official zoning map and within which certain land use regulations as prescribed by the text of this title apply. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.205 Drive-in business establishment.

“Drive-in business establishment” means a business establishment where customers are permitted or encouraged, either by the design of the structure or by service and/or parking area accessory to the building, to remain seated in their motor vehicle while conducting business. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.210 Driveway.

“Driveway” means a private roadway giving access from a public way to building or abutting grounds. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.215 Duplex.

“Duplex” means a residential building containing two single-family dwelling units within the exterior walls of a single building. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.220 Dwelling, multifamily.

“Dwelling, multifamily” means a building designed to house two or more families living independently of each other. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.225 Dwelling, single-family.

“Dwelling, single-family” means a building containing only one dwelling unit. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.230 Dwelling, temporary.

“Dwelling, temporary” means a dwelling unit which has not been permanently attached to the ground by placement on a permanent foundation and has no permanent utility connections. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.235 Dwelling unit.

“Dwelling unit” means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.240 Educational institution.

“Educational institution” means a school giving general academic instruction in the several branches of learning and study required by the Educational Code of the State of Washington. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.245 Excavations.

“Excavations” means the mining or carrying or other mechanical removal of natural deposits including underground shaft operations, but excluding:

(1) Excavations and grading for building construction where such construction is authorized by a valid building permit; or

(2) Tilling of soil for agriculture purposes; or

(3) Any excavation:

(a) Which does not alter a drainage course;

(b) Which has less than two feet of mean average depth, or which does not create an out slope greater than five feet in height or steeper than one and one-half to one (one and one-half horizontal to one vertical) backslope;

(c) If located in a residential zone, cubic yards excavated from contiguous land under common ownership does not exceed 500 cubic yards;

(d) If located in any nonresidential zone, cubic yards excavated from contiguous land under common ownership does not exceed 2,000 cubic yards. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.250 Family.

“Family” means an individual or two or more persons related by blood or marriage or a group of not more than five persons who need not be related by blood or marriage living together in a dwelling unit. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.255 Fence.

“Fence” means living or manufactured material that is built, constructed, or planted in such a manner so that the primary purpose is to separate and divide, partition, enclose or screen a portion or all of a lot or parcel. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.260 Fire lane.

“Fire lane” means an aisle, lane, or roadway on an improved site which is designated, constructed, and required for emergent access of fire and aid unit vehicles. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.265 Floor area.

“Floor area” means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior walls and from the centerline of divisions, 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, enclosed porches, and malls. “Floor area” shall not include accessory water tanks and cooling, mechanical equipment or attic spaces with headroom of less than seven feet, six inches, exterior steps or stairs, terraces, breezeways and open spaces. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.267 Garage apartment.

“Garage apartment” means an apartment over a garage usually with a separate external entrance. (Ord. 433, 2012)

18.10.270 Garage, detached, private.

“Garage, detached, private” means an accessory building or structure other than a portion of the main building, enclosed on not less than three sides and designed or used only for the shelter or storage of vehicles, primarily those vehicles belonging to occupants of the main building. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.275 Garage, public.

“Garage, public” means a building or structure, other than a private garage, used for the care, repair or storage of automobiles, or where motor vehicles are kept for remuneration, hire or sale. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.280 Height of building.

“Height of building” means the vertical distance from the average grade level to the highest point of the structure, excluding television antennas and chimneys. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.285 Historic landmark.

“Historic landmark” means a place or district which has considerable and significant importance because of past events, experience or phenomena of the town of Skykomish as designated by the Washington State Office of Archaeology and Historic Preservation. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.290 Historic structure.

“Historic structure.” A structure is considered historic if it is:

(1) More than 40 years old;

(2) Possesses integrity of location, design, setting, materials, workmanship, feeling and association and meets at least one of the following criteria:

(a) Is associated with events that have made a significant contribution to the broad patterns of national, state or local history; or

(b) Is associated with the lives of persons significant in national, state or local history; or

(c) Embodies the distinctive characteristics of a type, period, style or method of design or construction, or that represents a significant and distinguishable entity whose components may lack individual distinction; or

(d) Has yielded or may be likely to yield information to prehistory or history; or

(e) Is outstanding work of a designer or builder who has made a substantial contribution to the art. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.295 Home occupation.

“Home occupation” means an occupation or profession which is customarily incidental to and carried on in a dwelling unit or accessory structure by a member of the family and no more than one employee outside the family unit; provided, that:

(1) There shall be no change in the outside appearance of the building or premises;

(2) Traffic generated by such home occupations shall not create a traffic nuisance; and

(3) No equipment or processes shall be used which create noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.300 Homeowners’ association.

“Homeowners’ association” means an incorporated nonprofit corporation whose members are owners of record of lots in a defined area, and who share in the maintenance and other expenses of the corporation. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.305 Hotel.

“Hotel” means a building in which lodging is provided and offered to the public for compensation and which is open to transient guests. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.310 Junk vehicle.

“Junk vehicle” means a vehicle that meets at least three of the four following criteria:

(1) Is three years old or older;

(2) Is extensively damaged;

(3) Is apparently inoperable;

(4) Has an approximate fair market value equal only to the approximate value of the scrap in it. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.315 Junk yard.

“Junk yard” means an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A junk yard includes auto wrecking yards but does not include uses established within enclosed buildings nor pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition or the processing of used, discarded or salvaged materials as part of a manufacturing operation. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.320 Kennel.

“Kennel” means a place where three or more dogs or cats, four months old or older, or any combination of dogs and cats are kept. Reference Chapter 6.05 SMC, Article III. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.325 Landscaping or landscaping areas.

“Landscaping” or “landscaping areas” means natural vegetation such as trees, shrubs, groundcover, or other landscape materials arranged in a manner to produce an aesthetic effect appropriate for the use to which the land is put. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.330 Loading space.

“Loading space” means a space on the same site or adjacent to the site which provides for the temporary parking of a vehicle while loading or unloading merchandise, materials or passengers. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.340 Lot.

“Lot” means a measured parcel of land having fixed boundaries and designated on a plat or survey. A lot is not a building site unless it is a lot of record. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.345 Lot area.

“Lot area” means the land space contained within the various lines forming the perimeter boundary of any described lot, tract or parcel of land. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.350 Lot, corner.

“Lot, corner” means a lot situated at the intersection of two streets or roads, by which the interior angle does not exceed 135 degrees. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.355 Lot depth.

“Lot depth” means the horizontal distance between the front lot line and rear lot line of a lot measured within the lot boundaries. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.360 Lot, interior.

“Lot, interior” means a lot other than a corner lot. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.365 Lot line, front.

“Lot line, front” means that boundary of a lot which is along an existing or dedicated public street or, where no public street exists, along a private road, each segment or accessway. On a corner lot, the narrowest portion of the lot is the “front lot line.” (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.370 Lot line, rear.

“Lot line, rear” means a line which is most nearly opposite and most distant from the front lot line. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.375 Lot line, side.

“Lot line, side” means any boundary of a lot which is not a front lot line, side street lot line, or rear lot line. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.380 Lot line, side street.

“Lot line, side street” means a lot line abutting upon a street other than a front lot line. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.385 Lot of record.

“Lot of record” means a lot as shown on an officially recorded plat or short plat or a parcel of land officially recorded or registered as a unit of property and is described by metes and bounds, and lawfully established on the date of recording of the instrument first referencing the lot. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.390 Lot, pipestem.

“Lot, pipestem” means an interior lot in which the buildable area is not bounded laterally by a public or private road, and which gains road access by means of a lot extension, a driveway easement, or the terminus of a private or public road. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.395 Lot, through.

“Lot, through” means a lot having a pair of opposite lot lines along two more or less parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.400 Lot, unplatted.

“Lot, unplatted” means a parcel of property or tract of land which has not been created through subdivision procedures. It is a lot of record, but is not described by a lot and block legal description within a named and recorded subdivision. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.405 Lot width.

“Lot width” means the horizontal distance between the lot side lines measured at right angles to the line comprising the depth of the lot as a point midway between the lot front lines and the lot rear line, or midpoints of frontage lines on through lots. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.410 Major division of land.

“Major division of land” means a formal subdivision or long plat. It does not include a short plat. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.415 Manufactured home.

“Manufactured home” means a single-family structure built off site and transported to the site, and placed on a site-built foundation. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.417 Mixed use development.

“Mixed use development” is a development that combines two or more different types of land uses, such as residential, commercial, employment, and entertainment uses, within the same physical structure. An example would be a building that included retail or commercial uses on the ground floor and residential or office uses on the upper floors. (Ord. 433, 2012)

18.10.420 Mobile home.

“Mobile home” means a manufactured single-family structure which is built on a chassis in accordance with the requirements prescribed under Chapter 43.22 RCW, and/or U.S. Department of Housing and Urban Development Standards promulgated under the National Mobile Home Construction and Safety Standards Act of 1974, as amended. Mobile home shall be construed to remain a mobile home and subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of foundation provided and permanent connection to required utilities. Reference Chapter 15.10 SMC. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.425 Mobile home park.

“Mobile home park” means a tract of land under single ownership or control, including ownership by a condominium or homeowners’ association, upon which three or more mobile homes occupied as dwellings may be located. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.430 Motel.

“Motel” means a building or portion thereof designated or used for the transient rental of five or more units, which provides lodging services and accommodations to the traveling public. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.431 Mother-in-law apartment.

“Mother-in-law apartment” means a small apartment either attached, part of or separate from the main residence house. They have their own bathroom and kitchen facility. (Ord. 433, 2012)

18.10.435 Multiple-family residence.

“Multiple-family residence” means a residential building designated for or occupied by two or more families. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.440 Natural or existing topography.

“Natural or existing topography” means the topography of the lot, parcel or tract of real property immediately prior to any site preparation or grading, including excavation or filling. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.445 Nonconforming structure.

“Nonconforming structure” means a building or structure which was lawfully erected or altered and maintained, but which does not now conform to the regulations of the zone in which the building or structure exists. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.450 Nonconforming use.

“Nonconforming use” means any use of land, building or structure legally established prior to the effective date of the ordinance codified in this title and which does not comply with all of the use regulations of the zoning district in which it is situated. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.455 Noxious matter.

“Noxious matter” means material capable of causing injury to living organisms by chemical reactions, or is capable of causing detrimental effects upon the physical or economic well-being of individuals. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.460 Official zoning map.

“Official zoning map” means the map depicting the various zoning districts in the town of Skykomish that is a part of this title, annually updated and signed by the mayor and town clerk. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.465 Open space.

“Open space” means land used for recreation, resource protection, project utilities, safety or buffers, as is protected by the provisions of this title. “Open space” shall be left in a substantially natural state except in the case of recreation or other approved uses that may contain limited impervious surfaces. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.470 Owner.

“Owner” means the owner of record. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.475 Parcel.

“Parcel” means a tract or plat of land of any size which may or which may not be subdivided or improved. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.480 Parking area.

“Parking area” means an area accessible to vehicles, which area is provided, improved, maintained and used for the sole purpose of accommodating a motor vehicle. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.481 Parking facility.

“Parking facility” means a location where parking is provided as a primary use. (Ord. 433, 2012)

18.10.485 Performance standards.

“Performance standards” means a minimum requirement or maximum allowable limit on the effects or characteristics of a use. “Performance standards” describe allowable uses with respect to smoke, odor, noise, heat, vibration, glare, etc. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.490 Permanent foundation.

“Permanent foundation” means a structure affixed to the land in such a manner that it may not be readily removed and including adequate provisions for support of a building or manufactured home and constructed in accordance with regulations promulgated by the town of Skykomish. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.495 Plan.

“Plan” means the Skykomish comprehensive plan. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.497 Planned unit development.

“Planned unit development (PUD)” means a zoning classification that allows flexibility in the design of a subdivision. Planned unit development zones generally set up an overall density limit for the entire subdivision, allowing the dwelling units to be clustered to provide for common open space. (Ord. 433, 2012)

18.10.500 Plat.

“Plat” means a map of a subdivision drawn pursuant to state law. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.505 Pre-existing use.

“Pre-existing use” means a use, lot or building that existed at the time of the passage of the ordinance codified in this title. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.510 Premises.

“Premises” means buildings in which a use or activity is conducted and/or the grounds over which the operator of the use has direct control. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.515 Principal use.

“Principal use” means the main use of the land and/or buildings as distinguished from a subordinate or accessory use. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.520 Proposed.

“Proposed” means a completed application that has been received and acknowledged by the town of Skykomish and that has not yet been approved or denied. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.522 Public housing.

“Public housing.” Federal public housing provides decent, safe rental housing. Comes in all sizes and types, single-family, high rise, etc. (Ord. 433, 2012)

18.10.525 Public use.

“Public use” means a structure or use intended or used for a public purpose by a municipal corporation (city, town, school district, fire district, county government), the state or other public agency or public utility regulated by the WCTU. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.530 Reclassification.

“Reclassification” means a change in the zoning boundaries on the official zoning map pursuant to an approved amendment. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.535 Recreational vehicle.

“Recreational vehicle” means a vehicle, with or without motorized power, other than a mobile home, which is permanently designed and intended for use for temporary housing purposes. Recreational vehicles shall include, but not necessarily be limited to, campers, motor homes and travel trailers. Permanent occupancy is prohibited in recreational vehicles in all zoning districts. “Permanent” for purposes of this definition shall mean occupancy by one or more persons for 14 or more days in any 30-day period. Reference SMC 15.10.170. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.537 Recreation vehicle park or RV park.

“Recreation vehicle park” or “RV park” is a fee paid location where people with recreational vehicles can stay overnight, or longer in allotted spaces. Some RV parks also offer tent camping or cabins with limited facilities. They may or may not have bathroom facilities, electrical, water and sewer or septic systems available. (Ord. 433, 2012)

18.10.538 Rooming house.

“Rooming house” means a type of single room occupancy building where most washing, kitchen and laundry facilities are shared. It may also include dining and living room. (Ord. 433, 2012)

18.10.540 School.

“School.” See “Educational institution.” (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.545 Septic tank.

“Septic tank” means a watertight receptacle which receives the discharge of sewage from a building sewer, and is designed and constructed so as to permit separation of settleable and floating solids from the liquid, as well as detention and digestion of the organic matter prior to discharge of the liquid portion to a filter field or to other suitable facility. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.550 Service station.

“Service station” means any building, and the lot on which it is located, that is used for the sale of gasoline or other motor fuels, oils, lubricants, and for minor servicing of motor vehicles. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.555 Setback.

“Setback” means the distance between buildings or uses and their lot lines. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.560 Short plat or short subdivision.

“Short plat” or “short subdivision” means a division of property into four or fewer lots. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.562 Short-term rental.

“Short-term rental” means renting a single-family residence for occupancy for dwelling, lodging or sleeping purposes of 30 consecutive days or less. This does not include using a home for commercial purposes such as weddings, corporate retreats, or other special events. A short-term rental must be maintained and used at all times for residential occupancy. “Occupants” of a short-term rental are defined as residents of the subject property as well as temporary guests. (Ord. 474 § 3 (Exh. B), 2021; Ord. 433, 2012)

18.10.565 Sign.

“Sign” means any communication device, structure or fixture, illuminated or nonilluminated, which is visible from any public place, and containing advertising, or where the intent or effect is to direct attention to and to promote the sale of products, goods, services, events, or to identify a building. Murals, or painted wall designs or patterns which do not identify the user or a commercial product or service shall not be considered signs. (See Chapter 18.50 SMC for specific sign definitions.) (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.570 Site area.

“Site area” means the amount of lot area required for each dwelling unit to be constructed on any lot. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.575 Stable.

“Stable” means an accessory building for the keeping of three or more horses. An accessory building for keeping less than three horses is called an accessory building. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.580 Story.

“Story” means that portion of a building included between the surface of any floor and the surface of the floor next above, or, if there is no floor above, the space between the floor and ceiling next above. A basement shall be counted as a story for the purposes of this title when more than one-half of such basement is above the average finished grade. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.585 Street furniture.

“Street furniture” means improvements located within the street, public right-of-way, parking areas or other open areas, including but not limited to light standards, utility poles, newspaper stands, bus shelters, planters, benches, retaining walls, trash receptacles and telephone booths. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.590 Use.

“Use” means an activity or purpose for which land or premises or a building thereon is designed, arranged, or intended, or for which it is occupied or maintained, let or leased. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.595 Use, accessory.

“Use, accessory.” See “Accessory use or structure.” (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.600 Use, conditional.

“Use, conditional” means an unusual and/or unique type of land use which, due to its nature, requires special consideration of its impacts on the neighborhood and land uses in the vicinity. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.605 Use, nonconforming.

“Use, nonconforming.” See “Nonconforming use.” (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.610 Use, permitted.

“Use, permitted” means any use authorized or permitted alone or in conjunction with any other use in a specified district and subject to the limitation of the regulations of such district. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.615 Use, primary or principal.

“Use, primary or principal” means the use for which a lot, structure or building, or the major portion thereof, is designed or actually employed. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.620 Utility.

“Utility” means a public service or quasi-public service operated to provide the necessary functions for the community. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.625 Variance.

“Variance” means an adjustment in the application of the specific provisions of this title to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone and which the adjustment remedies the disparity in privileges. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.630 Yard.

“Yard” means an unoccupied open space, which may contain driveways, sidewalks, lamp posts, open patios, retaining walls, entrance steps, fences and landscaping unless specifically otherwise provided, and lies between the property and the building setback line, the inside boundary of which shall be considered parallel to the nearest property line. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.635 Yard, front.

“Yard, front” means a yard extending between side lot lines across the front of a lot adjacent to a street; provided, in the case of through lots, a front yard shall be provided on both frontages; in case of corner lots, a full depth front yard shall be provided in accordance with the prevailing lot pattern. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.640 Yard, rear.

“Yard, rear” means a yard extending across the rear of the lot between inner side yard lines and opposite the required front yard; provided, that corner lots with normal frontage shall have a rear yard extending from the inner side line of the side yard adjacent to the interior lot to the inner line of the second front yard; and provided further, that no rear yard is required for the through lots. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.645 Yard, side.

“Yard, side” means a yard extending from the rear line of the required front yard to the rear lot line of the required rear yard. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)

18.10.650 Zoning district.

“Zoning district,” also commonly referred to as a “zone,” means an area defined as to boundaries and location, and classified by the zoning regulations as available for certain types of uses, and within which other similar types of uses may be permitted. (Ord. 433, 2012; Ord. 235 § 2.3, 1995)