Chapter 14.08 DEFINITIONS

"Animals, household" are animals commonly or normally kept or owned in association with a residential dwelling unit and which are generally kept or housed within the interior of the dwelling unit, including such animals as dogs, cats, hamsters, mice, gerbils, guinea pigs, nonvenomous snakes, parakeets, canaries, finches, other songbirds, small nonvenomous reptiles and amphibians, and fish. (Ord. 11-529 § 1(part), 2011)

14.08.003 Animals, large domestic.

"Animals, large domestic" means domesticated animals, such as horses, cattle, sheep, goats, ponies, oxen and llamas, that are typically associated with riding by humans or the production of labor, food, fur, hair, or leather. (Ord. 11-529 § 1(part), 2011)

14.08.005 Animal pen, enclosure or run.

"Animal pen, enclosure or run" means an enclosure that may include a roof, made of fence materials as defined in Section 14.08.105, that is meant to enclose domesticated animals and fowl (not including swine). Animal pens, enclosures or runs do not include dog runs or shelters and pastures and paddocks for large domestic animals. (Ord. 11-529 § 1(part), 2011)

14.08.007 Animals, small domestic.

"Animals, small domestic" means domesticated animals that generally reside on a permanent basis outside the residence and either typically: (A) weigh less than thirty pounds when fully grown and are associated with the provision of food, such as rabbits, ducks, and chickens; or (B) are miniature or dwarf species of large domestic animals. (Ord. 11-529 § 1(part), 2011)

14.08.009 Arbor.

"Arbor" means an open landscaping structure consisting of horizontal and vertical wood members designed and intended to support vegetation and which may include lattice work. (Ord. 11-529 § 1(part), 2011)

14.08.010 Building.

"Building" means any structure used or intended for supporting or sheltering any use or occupancy. (Ord. 202 § 2.01, 1987)

14.08.020 Building height.

A. Primary Residential Building. The vertical distance from the average elevation of undisturbed soil to the highest elevation point of the roof or parapet wall measured as follows:

1. Stake out corners of building rectangle of original grade;

2. Select fixed datum point such as top of manhole cover, joint in curb, spike in road, etc.;

3. Establish height of building rectangle midpoints of corners above or below datum point;

4. Average building rectangle midpoint elevations;

5. Specify building height limit above datum point;

6. Elevations of undisturbed soil at midpoints of corners of building rectangle:

+ 2'		Average elevation	22	=	5.5'
+ 4'			4
+ 6'		Permitted height		=	25.0'
+10'	Maximum height above datum				30.5'
22'

(See Diagram A at the end of this section).

B. Building Height of Secondary Buildings. These are limited in height to the maximum height allowed for the primary residential building as measured from the lower of the average grade of the primary building or the average grade of the secondary building. See subsection A of this section for the method of measurement. However, all secondary buildings may be built to a height of fifteen feet above its own surrounding natural average grade without regard to the primary structure.

(See Diagram B at the end of this section).

(Ord. 10-522 §§ 1, 2, 2010; Ord. 202 § 2.04, 1987)

14.08.030 Building Official.

"Building Official" means an officer or other designated authority charged with the administration and enforcement of this title, or his duly authorized representative. (Ord. 202 § 2.06, 1987)

14.08.040 Building, primary residential.

"Primary residential building" means the predominant building in which one family dwelling unit is contained, this being the primary use for all residential-zoned land in the Town. (Ord. 202 § 2.02, 1987)

14.08.050 Building, secondary.

"Secondary building" or "secondary structure" means any structure other than the primary residential building. (Ord. 10-522 § 3, 2010: Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 202 § 2.03, 1987)

14.08.060 Bulk regulations.

"Bulk regulations" means all regulations relating to the minimum area of the zoning lot, front and rear yards, side yards, height of buildings, footprint, and lot coverage. (Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 202 § 2.07, 1987)

14.08.070 Community center.

"Community center" means an area of municipally owned or leased land where there is a building(s) designed for the purposes of Town government or community meetings, community recreation, education facilities and accessory parking. (Ord. 202 § 2.08, 1987)

14.08.080 Conservation zone.

"Conservation zone" means an area for the conservation of tidelands, watersheds, greenbelt, etc., which enhances the aesthetic and natural environment of the residential areas within the Town. (Ord. 202 § 2.09, 1987)

14.08.082 Critical facility.

"Critical facility" means a facility for which even a slight chance of flooding might be too great. Critical facilities include but are not limited to schools; nursing homes; hospitals; police, fire and emergency response installations; and installations which produce, use, or store hazardous materials or hazardous waste. (Ord. 24-658 § 2 (Exh. A), 2024)

14.08.085 Density.

"Density" means the net density of residential development excluding roads, drainage detention/retention areas, biofiltration swales, areas required for public use, and critical areas and their required buffers. Minimum net density is determined by rounding up to the next whole unit or lot when a fraction of a unit or lot is 0.5 or greater. (Ord. 13-549 § 1 (Exh. C.4 (part)), 2013)

14.08.086 Development activity.

"Development" means any construction, development, earth movement, clearing, or other site disturbance which either requires a permit, approval, or authorization from the Town or is proposed by a public agency. (Ord. 24-658 § 2 (Exh. A), 2024)

14.08.087 Director.

"Director" means the person designated by the Mayor pursuant to Section 2.14.010 to administer the municipal code. (Ord. 13-549 § 1 (Exh. C.4 (part)), 2013)

14.08.090 Dwelling unit, one-family.

"One-family dwelling unit" means a structure consisting of one detached building in which there are facilities for the living accommodations of one family including manufactured homes consistent with RCW 35.21A.312(1)(a) through (e). (Ord. 15-564 § 1 (Exh. A (part)), 2015: Ord. 202 § 2.10, 1987)

14.08.095 Exterior wall.

"Exterior wall" means any element or member or group of members which defines the exterior boundaries or courts of a building and which have a slope of sixty degrees or greater with the horizontal plane. (Ord. 01-412 § 1 (Exh. 1 (part)), 2001)

14.08.100 Family.

"Family" is an individual or two or more persons related by blood or marriage or a group of not more than five persons (excluding servants) who need not be related by blood or marriage living together in a dwelling unit. (Ord. 202 § 2.11, 1987)

14.08.102 Family day care provider.

"Family day care provider" means a child care provider who regularly provides early childhood education and early learning services for not more than twelve children in the provider’s home in the family living quarters. (Ord. 15-564 § 1 (Exh. A (part)), 2015)

14.08.105 Fence(s).

"Fence(s)" means any artificial barrier erected, constructed or placed on a lot, including masonry walls and ornamental construction. Fence materials may include wire, board, metal, wood, wood picket, wood rail, masonry, stone, block, concrete or other materials. For the purposes of this section, any structure with a roof, whether temporary or permanent, is not a fence, whether constructed of fencing materials or not.

Types of fences include:

A. Perimeter fence: A fence constructed along or within the property line boundaries or in front, rear or side setbacks. ("Perimeter" means the outer boundary of a closed geometrical figure (curved or rectilinear) or of any area, or surface.)

B. Property line fence: A fence constructed on the legal property line(s).

C. Interior fence: A fence constructed within and not on the property line boundaries and not within the front, rear or side yard setbacks or as included herein. (Ord. 11-529 § 2, 2011: Ord. 298 § 1, 1994)

14.08.110 Footprint.

"Footprint" means the floor area of a structure or structures, as used in calculating lot coverage. Footprint shall be the horizontal projection of the plan areas included within the surrounding exterior walls of the structure. The plan area of a structure, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. (Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 202 § 2.12, 1987)

14.08.120 Game court.

"Game court" means a covered or uncovered, grade level area, used for basketball, tennis, pickleball, volleyball, and similar activities within the playing area. (Ord. 12-536 § 1, 2012: Ord. 08-489 § 1(part), 2008)

14.08.140 Guest house/caretaker’s cottage.

"Guest house/caretaker’s cottage" means a secondary building which shall be occupied by members of the family, guests, domestic service workers or gardeners, but not leased or rented as a dwelling unit. A guest house or caretaker cottage may also be located within another secondary structure such as a garage or a barn as a living unit and occupied by members of the family, guests, domestic service workers or gardeners, but not leased or rented as a dwelling unit. (Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 202 § 2.15, 1987)

14.08.150 Hobby shop.

"Hobby shop" means an area located in the primary residential building, or in a secondary building, used to provide hobby recreation for members of the family or their guests only, and not used for purposes of manufacturing or building any product for wholesale or retail sale. (Ord. 202 § 2.16, 1987)

14.08.170 Lot area.

"Lot area" means the total horizontal area included within the lot lines of a zoning lot. The tideland portion(s) of the lot shall not be included. (Ord. 202 § 2.18, 1987)

14.08.175 Lot coverage.

"Lot coverage" means the footprint of the structure or structures divided by the actual area of the subject lot. For those lots which include tidelands, lot coverage shall be based on the area of the subject lot upland of the ordinary high water mark. The area of any uncovered and unenclosed deck or parts of a deck, swimming pools which are less than eighteen inches above the existing grade, and at-grade patios shall not be included within the lot coverage calculation. (Ord. 10-522 § 5, 2010: Ord. 01-412 § 1 (Exh. 1 (part)), 2001)

14.08.180 Lot line, front.

"Front lot line" is the front boundary line of a lot bordering on the street and, in the case of a corner lot, may be either frontage. For an interior lot, the frontage shall be to the Town right-of-way which the easement road abuts. This may be altered if the alternative is compatible with the surrounding structures and determined feasible by the Building Official. (Ord. 202 § 2.20, 1987)

14.08.190 Lot of record.

"Lot of record" means any lot established by a recorded plat in which the lot is located, in accordance with the provisions of the subdivision ordinance of the Town (Title 13 of this code), and in accordance with the minimum requirements established in Chapter 58.17 RCW, and other such lots established in recorded plats prior to the date of the incorporation of the Town. (Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 202 § 2.19, 1987)

14.08.200 Lot zoning.

"Lot zoning" means a single tract of land, located within a single block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership and control, and is assigned the particular use for which the building permit and occupancy permit are issued. (Ord. 202 § 2.21, 1987)

14.08.210 Occupancy.

"Occupancy" is the purpose for which a building, or part thereof, is used or intended to be used. (Ord. 202 § 2.22, 1987)

14.08.220 Original grade.

"Original grade" means the original ground surface that existed prior to any known action by man or machine such as, but not limited to, clearing, grading, excavating, filling, etc. (Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 202 § 2.23, 1987)

14.08.230 Patio or porch.

"Patio or porch" means an area around the primary residential building designed, established and/or installed to provide for outdoor living, cooking, and recreation, the sides of which are open and which may or may not have a permanent overhead covering, provided they are in conformance with all bulk regulations. (Ord. 202 § 2.24, 1987)

14.08.235 Play structures.

"Play structures" mean trampolines, swing sets, jungle gyms, playhouses, tree houses and similar recreational equipment. Play structures do not contain cooking or heating facilities, open fires, water, electricity, gas or other utilities nor can they provide accessory uses such as living, sleeping or storage areas or other similar areas. (Ord. 08-489 § 1(part), 2008)

14.08.240 Primary residential building.

"Primary residential building" means the building in which one single dwelling unit is contained when such is the essential use of the zone in which the building is located. (Ord. 202 § 2.25, 1987)

14.08.250 Primary use building.

"Primary use building" means any building occupied by the essential use of the zone in which the building is located. (Ord. 202 § 2.26, 1987)

14.08.260 R-14.5.

"R-14.5" means the one-third-acre zoning area, fourteen-thousand-five-hundred-twenty-square-foot minimum lot size. (Ord. 202 § 2.27, 1987)

14.08.270 R-43.

"R-43" means the one-acre zoning area, forty-three-thousand-five-hundred-sixty-square-foot minimum lot size. (Ord. 202 § 2.28, 1987)

14.08.280 R-87.

"R-87" means the two-acre zoning area, eighty-seven-thousand-one-hundred-twenty-square-foot minimum lot size. (Ord. 202 § 2.29, 1987)

14.08.285 Riding arena.

"Riding arena" means a covered or uncovered area used for exercising or riding horses. (Ord. 08-489 § 1(part), 2008)

14.08.290 Secondary use.

"Secondary use" means any use other than the primary one as defined in this chapter according to the zoning area in which the lot is located. (Ord. 202 § 2.30, 1987)

14.08.300 Setbacks, front, rear and side yards.

"Setbacks, front, rear and side yards" means the distance from the eaves or other projections of the building to the nearer of the lot boundary line or, where there is a street, right-of-way, access easement or private road through the lot, the edge of the street, right-of-way, access easement or private road nearest the building. Except for as provided for otherwise in this title, there shall be no structures or projections allowed in the setback area except for the following:

A. Fences, fence walls and fence gates in compliance with this code;

B. Utility poles, vaults, irrigation sprinklers and well heads;

C. Light poles in compliance with this code;

D. Mail boxes;

E. Rockeries and retaining walls not exceeding four feet in height unless supporting a cut in the grade;

F. Driveways, sidewalks and grade level steps;

G. Landings at doors not more than eighteen inches above grade;

H. Bird houses and bat houses not exceeding eight cubic feet in volume.

I. Arbors not exceeding nine feet in height are allowed, provided the aggregate area per setback does not exceed one hundred square feet in the R-87 and R-43 zones and not more thirty square feet in the R-14.5 and the urban restricted zones.

J. Trellises not exceeding eight feet in height. (Ord. 11-529 § 3, 2011: Ord. 08-489 § 2, 2008: Ord. 07-486 § 1, 2008: Ord. 245 § 1, 1990: Ord. 202 § 2.31, 1987)

14.08.305 Special flood hazard area.

"Special flood hazard area" means the land in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as zone A, AO, AH, A1-30, AE, A99, or AR (V, VO, V1-30, VE). "Special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard." (Ord. 24-658 § 2 (Exh. A), 2024)

14.08.310 Street.

"Street" means any thoroughfare or public way which has been dedicated or deeded to the public for public use. A street shall not be considered for determination of lot lines, numbering or setback until said street has been constructed to meet the standards of construction required by the Town. (Ord. 202 § 2.32, 1987)

14.08.320 Structure.

"Structure" means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. (Ord. 202 § 2.33, 1987)

14.08.330 Swimming pool.

"Swimming pool" means an artificial pool of water used for swimming or recreational bathing together with buildings and appurtenances in connection therewith, and shall be construed as including all pools of water used for swimming or recreational bathing in which it is necessary to employ such measures as the addition of clean water or disinfectant or both for the purpose of maintaining water quality standards. (Ord. 202 § 2.34, 1987)

14.08.340 Tidelands.

"Tidelands" means lands covered during high tides. (Ord. 202 § 2.35, 1987)

14.08.345 Trellis.

"Trellis" is a vertical landscaping structure of open lattice work designed and intended to support vegetation. (Ord. 11-529 § 1(part), 2011)

14.08.346 UR zone (urban restricted).

"Urban restricted" means single-family residential detached house development at the density of four dwelling units per acre. (Ord. 13-549 § 1 (Exh. C.4 (part)), 2013; Ord. 99-370 § 1(b), 1999: Ord. 202 § 2.17, 1987. Formerly 14.08.160)

14.08.347 UV zone (urban village).

"Urban village" means a zoning district and a compact development form characterized by medium to high density housing, a mix of land uses with good access to transit and an emphasis on pedestrian and public spaces. (Ord. 13-549 § 1 (Exh. C.4 (part)), 2013)

14.08.348 Wall (fence).

"Wall" means a solid fence constructed of masonry, stone, or other opaque materials greater than two inches in thickness, exclusive of posts and cross members, not associated with a building. See also "exterior wall" and "fence." (Ord. 01-412 § 1 (Exh. 1 (part)), 2001)

14.08.350 Yard.

A. "Front yard" means an open space extending across the full width of the lot, the required depth of which shall be measured horizontally from the front lot line to a line parallel thereto on the lot.

B. "Rear yard" means an open space extending across the full width of the lot, the required depth of which shall be measured horizontally from the rear lot line to a line parallel thereto on the lot.

C. "Side yard" means an open space between the front and rear yards, the required depth of which shall be measured horizontally from the side lot line to the line parallel thereto on the lot. (Ord. 202 § 2.36, 1987)

14.08.360 Zoning areas.

"Zoning areas" means the classifications in which the town is divided, whose primary and secondary uses are defined in the text of this title. (Ord. 202 § 2.37, 1987)