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Title 25
LAND USE CODE
Chapters:
Division I. General Provisions
25.05 General Provisions
25.10 Definitions
Division II. Land Use District Requirements
25.15 Land Use Districts and Map Established
25.20 Residential Districts
25.25 Commercial District
25.30 Office District
25.35 Mixed Use District
25.40 Business Tech Park District
25.45 Manufacturing/Research Park District
25.50 Industrial District
25.55 Open Space District
25.57 Military Lands
Division III. Overlay District
25.60 Mineral Resource Overlay
Division IV. Design Regulations and Guidelines
25.65 Multifamily Design Regulations and Guidelines
25.70 Commercial and Mixed Use Design Regulations and Guidelines
Division V. General Development Requirements
25.75 Commute Trip Reduction
25.80 Cultural, Historical and Archaeological Resources
25.85 Repealed
25.90 Landscaping
25.95 Off-Street Parking
25.100 Recycling
25.105 Sensitive Areas
25.110 Setback – Street Corners
25.115 Signs
25.120 Tree Retention
25.125 Wireless Communication Facilities
Division VI. Permits and Code Changes
25.130 Accessory Use
25.135 Conditional Uses
25.140 Home Occupation
25.145 Nonconforming Uses
25.150 Site Plans
25.155 Temporary Use
25.160 Variances
25.165 Reclassification and Text Amendment
25.170 Comprehensive Plan Amendment
Division VII. Administration
25.175 Administration of Development Regulations
25.180 Repealed
25.185 Enforcement
Appendix Chart of Uses by District
Division I. General Provisions
Chapter 25.05
GENERAL PROVISIONSSections:
25.05.010 Title.
25.05.020 Purpose and authority.
25.05.030 Regulations of the land use code.
25.05.040 Rules of interpretation.
25.05.050 Conformance.
25.05.010 Title.
The provisions of this title shall be known and may be cited as the “DuPont Land Use Code.” (Ord. 02-707 § 1)
25.05.020 Purpose and authority.
This “DuPont Land Use Code” is an official land use control adopted under Chapter 35A.63 RCW as mandated in RCW 36.70A.040 and is consistent with the state’s Growth Management Act and the DuPont comprehensive plan to serve the public health, safety and welfare, to provide for orderly planned use of land resources, and to further the policies of the comprehensive plan of the city of DuPont. This code governs all uses of land within the city, including use of buildings, streets, utilities, open space and other physical amenities. This code helps implement the city’s comprehensive plan, which may be used to help interpret this code but does not itself regulate land uses. (Ord. 02-707 § 1)
25.05.030 Regulations of the land use code.
All land uses and development activities in the city of DuPont must comply with the applicable requirements of this code, including requirements of the applicable land use district. (Ord. 02-707 § 1)
25.05.040 Rules of interpretation.
(1) Regulations, conditions, or procedural requirements specific to an individual land use permit shall supersede regulations, conditions, or procedural requirements of general application.
(2) The zoning code shall be consistent with and implement the city’s comprehensive plan.
(3) When a provision of this title conflicts with another provision in this title, the more restrictive provision shall apply.
(4) When the provisions of this title impose greater restrictions than are imposed by other applicable city, county, regional, state and federal regulations, the provisions of this title shall control.
(5) Chapter and section headings, captions, illustrations and references to other sections or titles are for reference or explanation only and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section.
(6) In the case of any ambiguity or differences of meaning or inconsistencies between the text and any illustrations or other graphics, the text throughout this title and the zone classification use tables in the appendix to this title shall control.
(7) The words “shall” and “should” are mandatory and the word “may” is discretionary.
(8) Unless the context clearly indicates otherwise, words in the present tense shall include past and future tense; all words and terms used in this title shall have their defined or customary meanings.
(9) The community development director or his/her designee are hereby authorized to make code interpretations. Where these rules do not clarify a boundary, definition, use standard, or procedure, the director shall make the determination. The director’s determination in these instances may be appealed pursuant to DMC 25.175, Administration of Development Regulations. (Ord. 07-854 § 1; Ord. 02-707 § 1)
25.05.050 Conformance.
Except as provided in this title:
(1) No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designed or intended to be used for any purposes or in any manner other than a use listed in this title as permitted in the use district in which such land, building, structure or premises is located.
(2) No building or structure shall be erected, nor shall any existing building or structure be moved, reconstructed or structurally altered, to exceed in height the limit established by this title for the use district in which such building or structure is located.
(3) No building or structure shall be erected, nor shall any building or structure be moved, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the building site requirements and the area and yard regulations established by this title for the use district in which such building or structure is located.
(4) No tree or landscaping required to be saved or planted shall be removed or allowed to die through lack of maintenance, except as established by this title. (Ord. 02-707 § 1)
Chapter 25.10
DEFINITIONSSections:
25.10.010 A definitions.
25.10.020 B definitions.
25.10.030 C definitions.
25.10.040 D definitions.
25.10.050 E definitions.
25.10.060 F definitions.
25.10.070 G definitions.
25.10.080 H definitions.
25.10.090 I definitions.
25.10.100 J definitions.
25.10.110 K definitions.
25.10.120 L definitions.
25.10.130 M definitions.
25.10.140 N definitions.
25.10.150 O definitions.
25.10.160 P definitions.
25.10.170 Q definitions.
25.10.180 R definitions.
25.10.190 S definitions.
25.10.200 T definitions.
25.10.210 U definitions.
25.10.220 V definitions.
25.10.230 W definitions.
25.10.240 X definitions.
25.10.250 Y definitions.
25.10.260 Z definitions.
25.10.010 A definitions.
“Abut” means to be contiguous with or touching property lines or right-of-way.
“Accessory” means a use, a building or structure, or part of a building or structure, which is subordinate to and the use of which is incidental to that of the main building, structure or use on the same lot, including a private garage. If an accessory building is attached to the main building by a common wall or roof, such an accessory building shall be considered a part of the main building.
“Accessory living quarters” means living quarters within an accessory building for the sole use of the family or of persons employed on the premises, or for the temporary use of guests of the occupants of the premises. Such quarters have no kitchen facilities and are not rented or otherwise used as a separate dwelling unit.
“Accessory residence” means a single-family residence which:
Is on the same lot as another single-family residence (either detached or attached);
Has no more than one-half the square feet of floor area of the primary residence; and
Meets the setback requirements for residences.
“Active recreation” means recreational activities which require buildings, impervious surfaces, or special purpose playing fields. Examples of facilities for active recreation include swimming pools, recreation halls, tennis courts, playground equipment, and picnic shelters.
“Adjacent” means close, near, or directly across a street, but not abutting.
“Administrator” means the community development director, or designee.
“ADT,” an abbreviation for average daily trips, means the number of vehicle trips generated by a project, calculated by multiplying the project’s density unit (i.e., dwelling units, employees, square footage, as the case may be) by the applicable vehicle trip generation rate which may be derived from national and local transportation data.
“Adult arcade” means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, or other photographic or computer generated reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
“Adult bookstore” means a bookstore, novelty store, or video store, a significant portion of the stock-in-trade, revenues, interior business, or advertising of which relates to the sale or rental of books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, video cassettes, slides, or other visual representations depicting or describing “specified sexual activities” or “specified anatomical areas.” Video stores that sell or rent only video tapes or other photographic or computer-generated reproductions and associated equipment shall come within this definition if 20 percent or more of its stock-in-trade or revenues comes from the rental or sale of video tapes or other photographic reproductions or associated equipment which depict or describe specified sexual activities or specified anatomical areas.
“Adult cabaret” means a nightclub, bar, restaurant, or similar commercial establishment, whether or not alcoholic beverages are served, which features:
Persons who appear nude or semi-nude;
Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or
Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
“Adult family home” means a regular family abode in which a person or persons provide personal care, special care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the service, as defined by RCW 70.128.010(1). Adult family homes shall be a permitted use in all areas zoned for residential and commercial purposes including those areas zoned for single-family dwellings, as required by RCW 70.128.175(2).
“Adult motel” means a hotel, motel, or similar commercial establishment which has the primary function of:
Offering accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video casettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas,” and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; and
Offering a sleeping room for rent for a period of time that is less than 20 hours; or
Allowing a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 20 hours.
“Adult motion picture theater” means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by the depiction or description of “specified anatomical areas” or “specified sexual activities” are regularly shown for any form of consideration.
“Adult retirement community,” “adult assisted living facility,” “adult congregate care,” “adult continuing care,” or “independent senior housing” means a planned multifamily development designed for persons, who at least one is more than 62 years old and emphasizes social and recreational activities, and may also provide personal services, limited health facilities and transportation.
“Adult theater” means any theater which is providing entertainment through the showing of motion picture films or live performances predominantly distinguished or characterized by their emphasis on matter explicitly depicting sexual activities, or a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear nude or semi-nude, or live performances which are characterized by the exposure of “specified anatomical areas” or “specified sexual activities.”
“Affected employee” means a full-time employee who begins his or her regular workday at a single worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least 12 continuous months. Seasonal agriculture employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees. Construction workers who work at a construction site with an expected duration of less than two years are excluded from the count of affected employees.
“Affected employer” means an employer that employs 100 or more full-time employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least 12 continuous months. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition.
“Aged person” means a person of the age 65 years or more, or a person of less than 65 years who by reason of infirmity requires domiciliary care, as defined by RCW 18.20.020(1).
“Airport,” “heliport” or “air field” means any runway, landing area or other facility, whether publicly or privately owned and operated, which is designed, used, or intended to be used either by public carriers or by private aircraft for landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces, but not including manufacturing, servicing or testing facilities located in the vicinity of any landing area associated with the manufacturing or testing of commercial or military aircraft or activities associated therewith.
“Alteration” means any change, addition or modification in construction or occupancy or any change, addition or modification to a site, building or occupancy. For critical areas alteration shall mean, any human-induced action which adversely impacts the functions and value of a sensitive area or buffer. Alterations include but are not limited to grading, filling, dredging, draining, channelizing, cutting of trees, clearing, paving, construction, dumping, and demolition.
“Alternate work schedules” mean programs such as compressed work weeks that eliminate work trips for affected employees.
“Alternative mode” refers to any means of commuting other than that in which the single-occupant motor vehicle is the dominant mode, including telecommuting and compressed work weeks if they result in reducing commute trips.
“Amendment” means a change in the wording, context or substance of this zoning code, or a change in the zone boundaries on the zoning map.
“Antenna” means any exterior apparatus designed for sending and/or receiving of electromagnetic waves, and includes equipment attached to a tower or building for the purpose of providing personal wireless services.
“Apartment” means a building or a portion of a building arranged or designed to be occupied by five or more families living independently of each other.
“As-graded” means the extent of surface conditions on completion of grading.
“Attached wireless communication facility (WCF)” means a WCF in which the antenna is attached, as an incidental use, to a pre-existing structure such as a building, water tank, or utility pole, without an additional support structure, and is either an omni-directional whip antenna no more than seven inches in diameter and no more than 16 feet in length, or a panel antenna or panel antenna array no more than 16 square feet in total area or no larger than 32 square feet when attached to and not extending above the vertical wall of a structure.
“Automobile service station” means a use which provides for the servicing of passenger automobiles and trucks not exceeding one and one-half tons capacity and operations incidental thereto, but not including body repair, painting, or automobile wrecking.
“Automobile wrecking” means any dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts.
“Average finish grade” means a reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished grade slopes away from the exterior walls, average finish grade shall be established by the lowest points within three feet of the building foundation. Where the finish grade does not slope uniformly along the length of an exterior wall, average finish grade shall be established by averaging the corner elevation of each exterior wall, then averaging the four subtotals. (Ord. 07-854 § 1; Ord. 02-707 § 1)
25.10.020 B definitions.
“Base year” means the period on which goals for vehicle miles traveled (VMT) per employee and proportion of single-occupant vehicle (SOV) trips shall be based.
“Basement” means that portion of a building between floor and ceiling which is partly below and partly above grade, but so located that the vertical distance from grade to floor below is less than the vertical distance from grade to ceiling.
“Bench” means a relatively level step excavated into earth material on which fill is to be placed.
“Berm” means a narrow ledge or shelf of land. As used in this zoning code, a berm is intended to serve as a buffer between adjoining uses. It generally consists of earth material and may be natural or artificial.
“Bluff” means the landform generally having a slope in excess of 30 percent from the 180-foot contour line down to Puget Sound.
“Bluff tract” means a tract of land containing a bluff.
“Boarding house” means any home or other institution, however, named, which is advertised, announced, or maintained for the express or implied purpose of providing board and domiciliary care to three or more aged persons not related by blood or marriage to the operator. It shall not include facilities certified as group training homes pursuant to RCW 71A.22.040, nor any home, institution or portion thereof which is otherwise licensed and regulated under the provisions of state law providing specifically for the licensing and regulation of such homes, institutions or portion thereof, as defined by RCW 18.20.020. Boarding houses shall not include any independent senior housing, independent living units in continuing care retirement communities, or other similar living situations including those subsidized by the Department of Housing and Urban Development.
“Borrow” means earth material acquired from an off-site location for use in grading on a site.
“Buffer” means a strip of trees, shrubs, and ground cover of sufficient height, width, and density to screen, within three years of planting, an unsightly or nuisance-generating land use from a more sensitive land use, even in the winter months. The minimum visual screening is 100 percent for full buffers, 50 percent for moderate buffers, and 25 percent for light buffers. Berms, grade separations, walls, and fences may be incorporated to achieve up to 50 percent of the minimum screening. For critical areas “buffer” shall mean a designated area adjacent to a part of a stream or wetland that is an integral part of the stream or wetland ecosystem; or a designated area adjacent to steep slopes which protects slope stability, attenuation of surface water flow, and landslide and erosion hazards reasonably necessary to minimize risk.
“Building” means any structure used or intended for supporting or sheltering any use or occupancy.
“Building, enclosed” means a building enclosed on all sides with wall and roof and having no openings other than closable, glazed windows and doors and vents.
“Building site” means a parcel of land assigned to a use, to a main building, or to a main building and its accessory buildings, together with all yards and open spaces required by this zoning code. A “building site” may be comprised of one lot, a combination of lots, or a combination of lots and fractions of lots.
“Bulk” means the size and location of buildings and structures in relation to the lot. Bulk regulations generally include height of building, lot area, front, side and rear yards, and lot coverage.
“Business” means the purchase, sale, offering for sale, or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit; or the management, occupancy, or maintenance of recreational or amusement enterprises, office buildings, offices, structures or premises by professions and trades or persons rendering services. (Ord. 07-854 § 1; Ord. 02-707 § 1)
25.10.030 C definitions.
“Carpool” means a motor vehicle occupied by two to six people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip.
Cellar. See “Basement.”
“Cellular” means a wireless communication system that divides a geographical area into cells and assigns the same frequencies to multiple, nonadjacent cells.
“Child day care center” means an agency which regularly provides care for a group of children for periods of less than 24 hours as defined by RCW 74.15.020(2). Subsets of this definition, per WAC 338-73-020, include: (1) “mini day care program,” a day care facility for the care of 12 or fewer children in a facility other than the family abode of the person or persons under whose direct care and supervisions the children are placed; and (2) “day treatment program,” an agency providing care, supervision, and appropriate therapeutic and education services during part of the 24-hour day for a group of persons under 18 years of age and the persons are unable to adjust to full-time regular or special school programs or full-time family living.
“Church” means an establishment which is principally devoted to religious worship, which may include accessory uses such as Sunday School rooms, religious education classrooms, assembly rooms, a library, and residences on-site for clergy.
“City” means the city of DuPont, Washington.
“Civil engineer” means a professional engineer registered in the state to practice in the field of civil works.
“Civil engineering” means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works.
“Clearing” means the cutting or removal of vegetation or other organic material by physical, mechanical, chemical, or other means.
“Clinic” means a building or portion of a building containing offices for providing medical, dental, psychiatric or chiropractic services for out-patients only, but not including the sale of drugs or medical supplies.
“Closed record appeal” means an administrative appeal on the record to the city council, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.
“Collocation” means the use of a single support structure, including but not limited to a building, monopole, lattice tower, or water tank, by more than one licensed personal wireless communication service provider.
Commercial. See “Business.”
“Commercial message” means a sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.
“Commons” or “plaza” means a continuous uncovered area which is accessible to the public at all times. To qualify for a bonus under this zoning code, a commons must be at least 10 feet in depth extending along a street, with a minimum area of 300 square feet.
“Commute trip” means a trip that is made from a worker’s home to a worksite with a regularly scheduled arrival time of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays.
“Commute trip reduction (CTR) plan” means a city’s plan and ordinance to regulate and administer the CTR programs of affected employees within its jurisdiction.
“Commute trip reduction (CTR) zone” means an area, such as a census tract or combination of census tracts, within the city characterized by similar employment density, population density, level of transit service, parking availability, access to high occupancy vehicle facilities, and other factors that are determined to affect the level of SOV commuting.
“Commuter matching service” means a system that assists in matching commuters for the purpose of commuting together.
“Compaction” means the densification of a fill by mechanical means.
“Composed materials” means organic solid waste that has been subjected to controlled aerobic degradation in an appropriately designed and maintained composting facility. Natural decay of organic solid waste under uncontrolled conditions does not result in composted material.
“Compressed work week” means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one work day every two weeks by working longer hours the remaining days, resulting in fewer commute trips. This definition is primarily intended to include weekly and bi-weekly arrangements, the most typical being four 10-hour days or 80 hours in nine days, but may also include other arrangements.
Computation of Time. For the purposes of computing the time for processing land use development applications, the day the application is filed shall not be counted. If the last day of the calculated time period includes Saturday, Sunday, or holiday designated by RCW 1.16.050 or by a city ordinance, then the time period shall end on the conclusion of the next business day.
“Conditional use” means a use permitted in one or more zones as defined by this title, but which, because of characteristics peculiar to each such use, or because of size, technological processes or equipment, or because or the exact location with reference to surroundings, streets, and existing improvements or demands upon public facilities, requires a special degree or control to make such uses consistent and compatible with other existing or permissible uses in the same zone or zones.
“Condominium” means the division of a building or land pursuant to the Horizontal Property Regimes Act, Chapter 64.32 RCW.
“Country club” means an incorporated or unincorporated association of persons organized for social and recreational purposes, such as golf clubs, tennis clubs, etc.
“Coverage”’ means the percentage of a lot or site covered by buildings or roofed areas, including covered porches and accessory buildings, measured at the building foundation.
“CTR” means commute trip reduction.
“CTR program” means an employer’s strategies to reduce affected employees’ SOV use and VMT per employee.
“Custom bus/buspool” means a commuter bus service arranged specifically to transport employees to work. (Ord. 02-707 § 1)
25.10.040 D definitions.
“Day” means calendar day.
“Dedication” means the transfer of property interests from private to public ownership for a public purpose. The transfer may be a fee-simple interest or of a less than fee interest, including an easement.
“Density, average” means the average number of dwelling units per acre of land. Fractional numbers less than 0.49 shall be rounded down to the nearest whole number. Fractional numbers greater than 0.50 shall be rounded up to the nearest whole number.
“Density, gross” means the number of dwelling units per acre computed by using all land within the project boundaries.
“Density, net” means all land within the project boundaries minus environmentally constrained areas, public roads and other land uses not intended for construction of dwellings as stated on the plat maps or development drawings.
“Development” means the construction or reconstruction of a structure or other modifications of the natural landscape above and below ground or water on a particular site.
“Development project” means divisions of land into two or more parcels; construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of the land.
“Director” means the community development director, or designee.
“District” means an area of the city of DuPont designated by a single land use classification with uniform use regulations. A district may be either a primary district or an overlay district. All property within the city is included within a primary land use district. An overlay district is any additional district established by the land use code that may be more or less restrictive than the primary land use district. Where a property is located within an overlay district, it is subject to the provisions of both the primary land use district and the overlay district. Where the provisions are in conflict, the overlay district governs.
“DMC” means the DuPont Municipal Code.
“Drainage facility” means the system of collecting, conveying, and storing surface and storm runoff. Drainage facilities shall include but not be limited to all surface and stormwater runoff conveyance and containment facilities including streams, pipelines, channels, ditches, infiltration facilities, retention/detention facilities, and other drainage structures and appurtenances, both natural and manmade.
“Drip line” means the imaginary line around a tree aligning with the outer edge of the tree’s canopy.
“Drive thru” means a building element that allows a customer to obtain goods and services through a building opening, other than a door, while seated in an automobile.
“Duplex” means a detached building containing two dwelling units.
“Dwelling” means any building or portion thereof which is designed or used for residential purposes.
“Dwelling, multiple-family” means a building or portion thereof containing two or more dwelling units.
“Dwelling, single-family” means a detached building containing one dwelling unit.
“Dwelling unit” means a room or rooms located within a building designed, arranged, occupied or intended to be occupied by not more than one family as living accommodations independent of any other family. The existence of a food preparation area within such room or rooms shall be evidence of the existence of a dwelling unit. (Ord. 07-854 § 1; Ord. 02-707 § 1)
25.10.050 E definitions.
“Earth material” means any rock, natural soil or fill or any combination thereof.
“Easement” means the authorization by a property owner of the use by another and for a specified purpose of any designated part of his property.
“Employee” means any and all persons, including managers, entertainers, and independent contractors who work at or render any services directly related to the operation of any sexually oriented business, whether for compensation or not.
“Employee transportation coordinator” means a designated person who is responsible for administering the employer’s commute trip reduction program.
“Employer” means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity, whether public, nonprofit, or private, that employs workers.
Enclosed Structure. See “Building, enclosed.”
“Engineering geologist” means a geologist experienced and knowledgeable in engineering geology.
“Engineering geology” means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.
“Entertainer” means any person who provides sexually oriented entertainment in an adult cabaret whether or not an employee of the operator and whether or not a fee is charged or accepted for such entertainment.
“Erosion” means the detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity.
“Escort” means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease.
“Escort agency” means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
“Establishment” means the opening of a new sexually oriented business, the conversion of an existing business to a sexually oriented business, the addition of a sexually oriented business to any existing sexually oriented business, or the relocation of a sexually oriented business.
“Excavation” means the removal of earth material by other than natural means.
“Exemption” means a waiver from any or all CTR program requirements granted to an employer by the city of DuPont based on unique conditions that apply to the employer or employment site.
“Expansion” means enlargement of building floor area or parking area of a permitted land use. (Ord. 02-707 § 1)
25.10.060 F definitions.
“Family” means one or more related persons living together, or one or more disabled persons protected by the Fair Housing Amendments Act (42 U.S.C. Section 3601 et seq.) living together. Except for disabled persons as described above, in no case shall a family include more than six persons who are not related by genetics, adoption or marriage.
“Family day care” means a child day care provider who regularly provides child day care for not more than 12 children in the provider’s home in the family living quarters, as defined by RCW 74.15.020(1)(e).
“Fast food restaurant” means an establishment whose principal business is the sale of food and/or beverages in a ready-to-consume state for consumption within the restaurant building, within a motor vehicle parked on the premises, or off the premises as carry-out orders, and whose principal method of operation includes the following characteristics: food and/or beverages usually served in edible containers or on paper, plastic or other disposable containers.
“Fence” means a linear structure or linear plant growth which encloses, divides, or screens.
“Fill” means the depositing on land, whether submerged or not, of sand, gravel, earth, or other materials of any composition whatsoever.
“Finish grade” means the final grade of the site which conforms to the approved plan.
“Flex-time” is an employer policy allowing individual employees some flexibility in choosing the time, but not the number, of their working hours to facilitate the use of alternative modes.
“Foster-family home” means an agency which regularly provides care on a 24-hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed, as defined by RCW 74.15.020(1).
“Fourplex” means a detached building containing four dwelling units.
“Fraternal club” means an incorporated or unincorporated association of persons organized for a social purpose.
“Freestanding sign” means a sign mounted in or on the ground, independent from buildings.
“Freestanding WCF” means a WCF in which the antenna is supported by a structure designed for that purpose including ancillary equipment.
Front Yard. See “Yard, front.”
Frontage, Street. See “Street frontage.”
“Full-time employee” means a person other than an independent contractor, scheduled to be employed on a continuous basis for 52 weeks for an average of at least 35 hours per week. (Ord. 02-707 § 1)
25.10.070 G definitions.
“Garage, private” means a sheltered or enclosed space designed and used for the storage of motor vehicles or boats of the residents of the premises.
“Garage, public” means a building or portion thereof designed and used for storage, repair or servicing or motor vehicles or boats as a business.
Geotechnical Engineer. See “Soils engineer.”
“Good faith effort” means that an employer has met the minimum requirements identified in RCW 70.94.531 and this chapter, and is working collaboratively with the city of DuPont to continue its existing CTR program or is developing and implementing program modifications likely to result in improvements to its CTR program over an agreed-upon length of time.
“Grade” means the vertical location of the ground surface.
“Grading” means any excavation, filling, removal of topsoil, or any combination thereof.
“Grading administrator” means whomever the mayor designates to administer this chapter.
“Gross acre” means land designated for residential purposes in the comprehensive plan, inclusive of related streets and neighborhood parks. On-street parking aisles within the subject area is excluded from the calculation.
“Gross floor area ratio” means the gross floor area of all structures, excluding parking and mechanical areas, divided by the total site area.
“Group-care facility” means an agency, other than a foster-family home, which is maintained and operated for the care of a group of children on a 24-hour basis as defined by RCW 74.15.020(1). (Ord. 02-707 § 1)
25.10.080 H definitions.
“Hazardous substance” means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as described by Chapter 70.105 RCW, WAC 173-303-090 or 173-303-100.
“Hazardous waste” means any dangerous and extremely hazardous waste, as those terms are defined by RCW 70.105.010(5) and (6), respectively, including substances composed of radioactive and hazardous components. A moderate risk waste as described by RCW 70.105.010(17) is not a hazardous waste.
“Hazardous waste generator” means any person or site whose act first causes a dangerous waste to become subject to regulation under the Dangerous Waste Regulations, Chapter 173-303 WAC.
“Hazardous waste storage” means the holding of dangerous waste for a temporary period. Accumulation of dangerous waste by the generator on the site of generation is not storage as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201.
“Hazardous waste treatment” means the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume.
“Heavy industrial” means an industrial land use such as chemical processing or machinery manufacturing which has environmental impacts which may require regulation (i.e., heavy truck traffic, noise, vibration, light, glare, and odors).
“Height” (of a structure) means the vertical distance between the average finished grade within three feet of the building foundation and the highest point of the structure’s roof, walls, or other principle elements, excluding such accessory building elements as skylights, flagpoles, chimneys, church steeples, and roof structures housing building equipment.
Heliport. See “Airport.”
“High-intensity sales and service” means businesses that typically generate high levels of traffic per square foot of floor area, such as those offering the following goods and services:
Food;
Clothing;
Hardware;
Household goods;
Pharmaceuticals;
Arts and crafts;
Auto parts;
Sporting goods;
Office equipment;
Books;
Plants;
Jewelry;
Liquor;
Musical instruments;
Barber and beauty shops;
Laundromats.
“High-occupancy vehicle” means a carpool, vanpool, or transit vehicle.
“Historic” means associated with local historical events, such as the works of the first European settlers.
“Home occupation” means any land use that meets the criteria stated in Chapter 25.140 DMC.
“Homeowners’ association” means a group of persons organized as an association, corporation or other entity which represents homeowners residing in a subdivision or other development entity. A homeowners’ association need not have any official status as a separate legal entity under the laws of the state of Washington.
“Hospital” means an institution, whether a building or group of buildings, designed and used for the medical and surgical diagnosis and treatment (temporary and emergency services included) and housing of persons under the care of doctors and nurses providing general medical care, as distinguished from treatment of mental and nervous disorders and alcoholics, and specifically excluding rest homes, nursing homes, and convalescent homes.
“Hotel” means a building or portion thereof designed or used for the lodging with or without meals of six or more persons for compensation. A central kitchen and dining facility and accessory shops and services catering to the general public may be provided. Institutions housing persons under legal restraint or requiring medical attention or care shall not be considered hotels. (Ord. 07-854 § 1; Ord. 02-707 § 1)
25.10.090 I definitions.
“Impervious surfaces” means a surface which does not absorb water, including buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete or asphalt.
“Implementation” means active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.551 and this chapter as evident by appointment of a transportation coordinator, distribution of information to employees regarding alternatives to SOV commuting, and commencement of other measures according to its approved CTR program and schedules.
“Incidental sign” means a sign which:
Is incidental to the use of the premises on which it is located, such as “no parking,” “entrance,” “loading only,” “telephone,” “Building A,” address signs, and similar directives; and
Conveys no commercial message legible from off the premises.
“Infrastructure” includes only water, sewer, road, storm sewer and street lighting systems.
“Interior lot line” means the boundary line of a lot which separates one lot from another. (Ord. 02-707 § 1)
25.10.100 J definitions.
Reserved. (Ord. 02-707 § 1)
25.10.110 K definitions.
“Key” means a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. (Ord. 02-707 § 1)
25.10.120 L definitions.
“Landmark tree” means an existing healthy, well-formed tree which poses no safety hazard due to potential collapse and that is of the following species, trunk type, and minimum diameter measured at breast height:
Species
Trunk-type
Oregon white oak, pacific yew, or madrona
Douglas fir, western red cedar, western hemlock, or big leaf maple
Single-trunk
24 inches
30 inches
Multi-trunk
(sum of diameters)
30 inches
45 inches
“Landscape area” means land with permeable soils covered with plantings, grasses, or vegetation native to the area.
“Landscape administrator” means the community development director, or designee.
“Lead-in sign” means a private directional sign that leads prospective buyers to an area being developed from raw land.
Lodge. See “Fraternal club.”
“Long-term commercial significance” means the mineral composition of the land for long-term economically viable commercial production, in consideration with the mineral resource land’s proximity to population areas, product markets, and the possibility of more intense uses of the land.
“Lot” means a platted or unplatted parcel of land unoccupied, occupied or to be occupied by a principal use or building and accessory buildings, together with such yards and open spaces as are required by the zoning code, which has direct legal access to a street or has access to a street over an easement approved by the city.
“Lot area” means the area within the boundary lines of a lot.
“Lot coverage” means that portion of a lot occupied by the principal building and its accessory buildings, including all structures greater than three feet in height.
“Lot line” means the boundary lines of a lot.
“Lot width” means width of the lot at the building setback line.
“Low impact manufacturing” uses include, but are not limited to: (1) electrical component assembly, including assembly of computer products, systems, and related components; (2) printing; and (3) manufacture of handcrafted products. (Ord. 07-854 § 1; Ord. 02-707 § 1)
25.10.130 M definitions.
“Manager” means any person who manages, directs, or administers a sexually oriented business.
“Marquee” means a permanent roof-like structure projecting from a building, intended to shelter pedestrians.
“Microcell” means a wireless communication facility consisting of an antenna that is either four feet in height and with an area of not more than 580 square inches or a tubular antenna no more than four inches in diameter and no more than six feet in length.
“Mineral extraction” means all mine-related activities, including:
(1) The mining or extraction of rock, stone, gravel, sand, earth, and other minerals;
(2) On-site mineral processing including sorting, washing, crushing and loading, concrete batching, concrete recycling, and other aggregate recycling;
(3) Equipment maintenance;
(4) Transporting minerals to and from the mine, on-site road maintenance, road maintenance for roads used extensively for surface mining activities, traffic safety, and traffic control.
“Mineral resource lands” means lands containing mineral deposits, both active and inactive, that has a known or potential long-term significance for the extraction of minerals and which are in close, economic proximity to locations where the deposits are likely to be used.
“Minerals” means clay, coal, gravel, industrial minerals, valuable metallic substances, peat, sand, stone, topsoil, and any other similar solid materials or substances to be excavated from natural deposits on or in the earth for commercial, industrial, or construction use.
“Mini or pocket park” means a small tract of land usually about the same size as a building lot. These parks may be improved with children’s play equipment. They are intended to serve the needs of a portion of a village in which it is located. They are not intended for city ownership due to higher maintenance costs associated with these parks when compared to public parks of equal size and the fact that they may not be equally accessible to all segments of the community. These facilities are owned by the homeowners’ association.
“Mini-storage” means a structure containing separate, individual, and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time for dead storage only. Storage of boats, trailers, and recreational vehicles is permitted. Auctions except auctions authorized by legal action, commercial wholesale or retail businesses, garage sales, repair of motorized equipment and/or vehicles, operation of power tools, and storage of flammable or hazardous materials and explosives is prohibited.
“Mixed use occupancy (or structure)” means a building designed or intended to be used for more than one type of principal use, i.e., retail and office uses.
“Mobile home” means a factory-assembled structure with necessary service connections, made to be readily movable on city streets and designed to be used as a dwelling unit.
“Mobile home park” means a parcel of land designed and improved to accommodate two or more mobile homes on a permanent basis.
“Mode” means the means of transportation used by employees, such as single occupant motor vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, walking, compressed work schedule and telecommuting.
“Motel” means a group of attached or detached buildings containing individual sleeping units, a majority of such units open individually and directly to the outside, including tourist courts, motor courts, and motor lodges.
“Multifamily project” means multifamily residences built as a single project, in one or more buildings.
“Multifamily residence” means a residence located in a building which contains more than one residence, such as a duplex unit, condominium, apartment, or a residence designed to be attached to other residences, such as a townhouse.
“Multiple-use project” means a development containing two or more principal uses located in one or more structures. (Ord. 07-854 § 1; Ord. 02-707 § 1)
25.10.140 N definitions.
A “nonconforming” building or use is one which was lawfully established but no longer conforms to the regulations for the zone where it is located.
“Nude” or “nudity” means the appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast.
“Nude or semi-nude model studio” means any place where a person, who appears nude or semi-nude or displays “specified anatomical areas,” is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
“Nursery” or “garden center” means an enterprise which conducts the retail and wholesale sale of plants generally grown on-site, as well as accessory items (excluding farm equipment) directly related to plant care and maintenance.
“Nursing home” means any home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in excess of 24 consecutive hours for three or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity are unable properly to care for themselves, as defined by RCW 18.51.010(1). (Ord. 02-707 § 1)
25.10.150 O definitions.
“Odor threshold” means the amount of odorous material in one cubic foot of air that can be detected by 50 percent of a group of human observers.
“Off-site hazardous waste treatment and storage” means hazardous waste treatment and storage facilities that treat and store waste from generators on properties other than those on which the off-site facility is located.
“Office building” means a building primarily designed for office uses.
“Office use” generally refers to a service business, rather than the production, distribution and/or retail sales of goods or commodities. The services provided are generally professional, educational, administrative, financial or governmental in nature.
“On-site hazardous waste treatment and storage” means hazardous waste treatment and storage facilities that treat and store wastes generated on the same lot.
“Open-air vending” means any commercial activity which is conducted without the shelter of a building on the premises.
“Open record hearing” means a hearing, conducted by a single hearing body or officer authorized by the city to conduct such hearings that creates the city’s record through testimony and submission of evidence and information, under procedures prescribed by the city by ordinance or resolution. An open record hearing may be held prior to the city’s decision on a project permit, to be known as an “open record predecision hearing.” An open record hearing may be held on an appeal, to be known as an “open record appeal hearing,” if no open record predecision hearing has been held on the project permit.
“Open space” means generally a portion of the area of a site, other than required yards, which is required by this zoning code to be maintained free of impervious surfaces, although it may include features for public use such as community buildings, swimming pools, trails, tennis courts, and parking (when specifically provided for public users of the open space).
“Open space, common” means that area permanently owned in common or held for use by more than one individual property owner or resident for recreational use, landscape buffering, preservation of sensitive areas or other publicly beneficial uses. “Common open space” is largely free of impervious surfaces although it may include features for communal use such as community buildings, swimming pools, trails, and tennis courts. “Common open space” does not include the uncovered portions within any road right-of-way.
“Open space, dedicated” means that area permanently dedicated to the city and held for public use or interest as part of the city’s comprehensive open space system. Dedicated open space is largely free of impervious surfaces, although it may include features for public use such as community buildings, swimming pools, trails, tennis courts, and parking (when specifically provided for public users of the dedicated open space).
“Open space, parcel” means the sum of the common and private open spaces within a given development parcel.
“Open space, private” means that open space within a privately owned lot which is not covered by buildings, paving, or other impervious surfaces.
“Operator” means the owner, permit holder, custodian, manager, operator, or person in charge of any sexually oriented business.
“Outdoor storage” means the storage of fuel, raw materials, products, and equipment outside of an enclosed building. Mechanical equipment necessary for the operation of the building shall be excluded from the definition.
“Overlay district” means a classification contained in this title that combines with the underlying district classification and adds specific restrictions to properties located within the district. The combination of district, for the purpose of this definition and title, shall be considered as separately zoned area and shall not be construed as applying different standards to properties within the same district. An example of an overlay district would be the mineral resource overlay designation. (Ord. 07-854 § 1; Ord. 02-707 § 1)
25.10.160 P definitions.
“Parking administrator” means the community development director or designee.
“Passive recreation” means recreational activities other than organized, competitive sports, which require little or no covering of the soil with buildings or impervious surfaces. Examples of facilities for passive recreation include paved and unpaved trails, lawns, pedestrian piers, tables, benches, signs, and waste receptacles.
“Peak period” means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
“Peak period trip” means any employee trip that delivers the employee to begin his or her regular workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
“Permitted uses” are those so stated in each zone, plus accessory uses, that is, uses or structures incidental to a permitted use or building on the same premises. Examples include a garage on a residential lot, an administrative office associated with an industrial plant, and an on-site employee cafeteria.
“Permittee” means a person in whose name a sexually oriented business permit has been applied for or issued.
“Person” means any individual, firm, joint venture, co-partnership, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver or any other group or combination acting as a unit.
“Personal communication services (PCS)” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.
“Places of assembly” means facilities for gatherings, such as churches, funeral homes, halls, and stadiums.
“Plat” means the map or representation of a subdivision.
“Plaza” means a continuous and unoccupied space, other than a street or alley, which is readily accessible to the public at all times.
“Political sign” means a sign advertising a candidate(s) or issue appearing on the ballot at the next scheduled election.
“Prehistoric” means relating to or existing in times predating written history. This term generally refers to those North American cultures in existence prior to AD 1540.
“Premises” means the premises of a sexually oriented business.
“Priority habitat” means a habitat type with unique or significant value to one or more species as defined by WAC 173-26-020.
“Priority species” means species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels as defined by WAC 173-26-020(25).
“Private yard” means that area within a privately owned lot which is required by this zoning code to remain uncovered by structures.
“Professional inspection” means the inspection required by this code to be performed by the civil engineer, soils engineer or engineering geologist. Such inspections include those performed by persons supervised by such engineers or geologists and shall be sufficient to form an opinion relating to the conduct of the work.
“Project permit” or “project permit application” means any land use or environmental permit or license required from the city for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, land use application, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.
“Provider” means any corporation, company, association, joint stock company, firm, partnership, limited liability company, other entity, and/or individual licensed to provide personal wireless service or personal wireless communication facilities.
Public Open Space. See “Open space, dedicated.”
“Public uses” shall mean civic buildings, including City Hall, police department, fire department, community center, library, transit center and museum.
“Public utility” means a private business organization such as a public service corporation performing some public service and subject to special governmental regulations, or a governmental agency performing similar public services, the services by either of which are paid for directly by the recipients thereof, including water supply, electrical power, gas and transportation, telephone, and other transmission services. (Ord. 07-854 § 1; Ord. 02-707 § 1)
25.10.170 Q definitions.
“Quasi-public use” means a use which serves nonprofit social or religious ends, such as churches, club houses, private schools, and community/social service organizations such as Rotary Club, Chamber of Commerce, Girl Scouts, etc. (Ord. 02-707 § 1)
25.10.180 R definitions.
“Ravine” means a valley with sharply sloping walls created by the action of stream waters.
“Ravine sidewall” means the sharply sloping walls of a ravine.
“RCW” means the Revised Code of Washington.
Rear Yard Setback. See “Yard, rear.”
“Reclamation” means rehabilitation for the appropriate future use of disturbed areas resulting from surface mining including areas under associated mineral processing equipment and areas under stockpiled materials. Although the need for reclamation will control the type and degree of reclamation in any specific surface mine, the basic objective is to reestablish on a perpetual basis the vegetative cover, soil stability, and water conditions appropriate to the approved subsequent use of the surface mine and to prevent or mitigate future environmental degradation.
“Recreation, indoor” means an establishment providing completely enclosed recreation activities. Accessory uses shall be permitted to include the preparation and serving of food and/or the sale of equipment relate to the enclosed uses. Included in this definition include bowling, roller-skating or ice-skating, pool, and related amusement.
“Recreation, outdoor” means an area free of buildings except for restrooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions and similar structures used primarily for recreational activities.
“Recyclable material” means those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass that are identified as recyclable material by the Pierce County solid waste plan.
“Recycling” means transforming or remanufacturing waste materials into usable or marketable material for use other than land fill disposal or incineration.
“Residence” means a permanently installed building or portion thereof providing complete housekeeping facilities for only one household, including manufactured homes constructed after June 15, 1976, in accordance with U.S. Department of Housing and Urban Development requirements.
“Residential care facility” means a facility that cares for at least five but not more than 15 functionally disabled persons that is not licensed pursuant to Chapter 70.128 RCW, Adult Family Home.
“Residential use” means a type of or intended use of a building or structure designed to provide a place of abode for human beings, but not including hotels or motels.
“Retain,” when applied to trees, means to neither cut down, top, nor otherwise damage. Maintenance and pruning not in conflict with the preceding are not prohibited.
“Rough grade” means the stage at which the grade approximately conforms to the approved plan. (Ord. 07-854 § 1; Ord. 02-707 § 1)
25.10.190 S definitions.
“Semi-nude” means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
“Sensitive areas” means, for the purposes of this chapter, those areas defined and established as critical areas under the provisions of the Washington State Growth Management Act and identified in this chapter.
“Setback” means the shortest distance between a lot line and any structure for which a building permit is required; provided, that eaves, noncombustible chimneys and fireplaces, and similar protrusions may extend up to an additional 24 inches from the vertical wall of the building.
“Sexually oriented business” means an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude or semi-nude model studio.
“Sexually oriented entertainment” means a live performance at an adult cabaret which is characterized by the performer’s exposure of “specified anatomical areas.”
Side Yard. See “Yard, side.”
“Sign” means any device, structure, fixture, or placard that uses colors, words, letters, numbers, symbols, logos or trademarks for the purpose of providing information or directions, or identifying or advertising any place, establishment, product, good, or service and includes all supports, braces, guywires and anchors associated with such signs.
“Sign administrator” means community development director, or designee.
“Sign, community-wide event” means a temporary nonilluminated sign advertising a general public and/or community-wide event within the city that is sponsored by an organization within the city.
“Single-occupant vehicle” means motor vehicle occupied by one employee for commute purposes, including a motorcycle.
“Single worksite” means a building or group of buildings on physically contiguous parcels of land or on parcels separated solely by roads or rights-of-way occupied by one or more affected employers.
“Site area” means that area of land associated with a certain development application.
“Site plan amendment, minor” means an amendment to an approved and valid site plan that affects only the precise dimensions or siting of building (i.e., lot coverage, height, setbacks) but does not affect the basic character or arrangement and number of buildings approved in the plan, the density of the development or the amount and quality of open space and landscaping. Proposed dimensional amendments shall not vary more than 10 percent from the original, but shall not exceed the standards of the applicable district.
“Site plan amendment, major” means an amendment to an approved and valid site plan that substantially changes the character, basic design, density, open space or other requirements and conditions of the approved and valid site plan.
“Soils engineer (geotechnical engineer)” means an engineer experienced and knowledgeable in the practice of soils engineering (geotechnical engineering).
“Soils engineering (geotechnical engineering)” means the application of the principles of soils mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection or testing of the construction thereof.
“Solid waste” or “wastes” means all putrescible and nonputrescible solid and semi-solid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.
“SOV rate” means the number of commute trips over a set period made by affected employees in SOVs divided by the number of affected employees working during that period.
“SOV trips” means commute trips made by affected employees in SOVs.
“Specified anatomical areas” means less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of areola, or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
“Specified criminal acts” means any conviction or acts which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business, including, but not limited to, distribution of obscenity or material harmful to minors, prostitution or pandering.
“Specified sexual activities” means:
The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or
Masturbation, actual or simulated; or
Human genitals in a state of sexual stimulation, arousal or tumescence; or
Excretory functions as part of or in connection with any of the above.
“Specimen tree” means an existing healthy tree which poses no safety hazard due to potential collapse and is of the following species and minimum diameter measured at breast height; provided, that the measure of multi-trunk trees shall be the sum of the diameters:
Douglas fir, western red cedar, western hemlock, or big leaf maple: 15 inches;
Oregon white oak, pacific yew, or madrona: 12 inches;
Historic fruit trees: no size limit.
“Square feet” means square feet of the combined horizontal area of all floors of a building measured from the exterior faces of the exterior walls, excluding spaces lacking standing head room.
“State siting criteria” means criteria for the siting of hazardous waste treatment and storage facilities contained in WAC 173-303-285.
“Story” means the portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. It is measured as the vertical distance from top to top of two successive tiers of beams for finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.
“Stream” means an area where surface waters flow sufficiently to produce a defined channel or bed. A defined channel or bed need not contain water year-round. This definition is not meant to include storm or surface runoff devices or other entirely artificial watercourses unless they were constructed within or in association with a naturally occurring stream or drainage course.
“Street frontage” means the boundary of a lot separating such lot from an abutting street. For multi-tenant buildings, street frontage shall be the width of the front of the suite. The front of the suite is defined as the wall plane which the suite address is assigned and contains the main customer entrance.
“Street tree” means a tree planted or retained in a public right-of-way or parking strip.
“Structure” means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, but not including fences and walls less than six feet in height.
“Subdivision” means the division of land into two or more lots, parcels or sites for the purpose of sale or lease. (Note: For purposes of this development code, the term “subdivision” includes the short subdivision of land.) See Chapter 58.17 RCW. (Ord. 07-854 § 1; Ord. 02-707 § 1)
25.10.200 T definitions.
“Telecommuting” means the use of telephones, computers, or other similar technology to permit an employee to work from home, eliminating a commute trip, or to work from a work place closer to home, reducing the distance traveled in a commute trip by at least half.
“Temporary wireless communication facility” means a mobile telecommunications facility which is transported by a motor vehicle for temporary use. Temporary wireless communication facilities do not have a permanent foundation.
“Threshold date” means the first May 1st that falls after the date when an employer becomes an affected employer, whether by passage of the ordinance codified in this chapter, moving into the city of DuPont, or by growing in employment.
“Townhouse” means a building designed exclusively for occupancy by one family and containing one dwelling unit, occupying space from the ground to the roof and not lying vertically under or over adjacent units, and attached to one or more other dwelling units by common walls which may be located on lot lines.
“Transient guest facilities” means temporary commercial accommodations such as hotels, motels, and bed and breakfasts.
“Transit” means a multiple-occupant vehicle operated on a shared-ride basis, including bus, ferry, rail, shared-ride taxi, and shuttle bus.
“Transportation demand management” means a broad range of strategies that are primarily intended to reduce and reshape demand on the transportation system.
“Triplex” means a detached building containing three dwelling units. (Ord. 02-707 § 1)
25.10.210 U definitions.
“Unlicensed wireless services” are defined as the offering of telecommunication services using duly authorized devices which do not require individual licenses; direct-to-home satellite services are excluded from this definition.
Unlisted Words and Phrases. The definition of any word or phrase not listed in this chapter which is in question when administering this regulation shall be defined from one of the following sources which are incorporated herein by reference. Said sources shall be utilized by finding the desired definition from source number one, but if it is not available there, then source number two may be used and so on. The sources are as follows:
(1) City development regulations;
(2) Any city resolution, ordinance, code or regulation;
(3) Any statute or regulation of the state of Washington (i.e., the most applicable);
(4) Legal definitions from case law or a law dictionary;
(5) Webster’s Third New International Dictionary of the English Language, Unabridged.
“Use” means the nature of the occupancy, the type of activity, or the character and form of improvements to which land is devoted or may be devoted.
“Use, temporary” means a use needed for a limited duration of time with the intent to discontinue the use upon the expiration of the time period, not to exceed one year. Temporary uses do not involve the construction or alteration of any permanent building or structure, although the authorization of the temporary use does not necessarily preclude such construction. (Ord. 07-854 § 1; Ord. 02-707 § 1)
25.10.220 V definitions.
“Vanpool” means a vehicle occupied by from seven to 15 people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle trip. A vanpool trip counts as zero vehicle trips.
“Variance” means relaxation of the requirements of this title with respect to building, lot or other restriction (but not with respect to use) because of special circumstances applicable to the building, lot or property which deprive it of privileges commonly enjoyed by other properties in the same vicinity and district.
“Vehicle miles traveled (VMT) per employee” means the sum of the individual vehicle commute trip lengths in miles made by affected employers over a set period divided by the number of affected employees during that period.
“Village” means any one of several areas of the city of DuPont characterized by similar or compatible land uses. A village may contain one or more land use districts. A village is identified by a place name and has boundaries composed of major streets, natural or manmade barriers, or abrupt changes in land use. (Ord. 07-854 § 1; Ord. 02-707 § 1)
25.10.230 W definitions.
“WAC” means the Washington Administrative Code.
“Warehouse/distribution” means a building or land use in which goods, merchandise or equipment are stored for eventual distribution.
“Waste reduction” means reducing the amount or toxicity of waste generated or reusing materials.
“Week” means a seven-day period, starting Monday and ending Sunday.
“Weekday” means Monday, Tuesday, Wednesday, Thursday, or Friday.
“Wetland” means an area that is inundated or saturated by surface water or ground water at a frequency or duration sufficient to support, and under normal circumstances does support, a prevalence of plant life adapted for life in saturated soils condition. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities. However, wetlands may include artificially created wetlands that are established as part of a natural or built drainage course. Wetlands shall be delineated based on procedures contained in the “Federal Manual for Identifying and Delineating Jurisdictional Wetlands” (1987 Manual).
(1) Class I Wetland – These are wetlands that are very valuable for a particular rare species or represent a high quality example of a rare wetland type or are rare within the region or provide irreplaceable functions and values, i.e., they are impossible to replace within a human lifetime, if at all.
(2) Class II Wetland – These are wetlands that provide habitat for very sensitive or important wildlife or plants or are difficult to replace or provide very high functions and values, particularly for wildlife habitat and/or their association with ground water and aquifers. These wetlands occur more commonly than Class I wetlands and need a high level of protection.
“Wireless communication facility (WCF)” means facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communications services, specialized mobile radio, paging, and any other services licensed by the FCC and unlicensed wireless services including but not limited to associated equipment shelters, support towers, and antenna arrays, other than the exempt facilities listed under DMC 25.125.020.
“Written” means original signed and dated documents. Facsimile (fax) transmissions are a temporary notice of action that must be followed by the original signed and dated document via mail or delivery. (Ord. 07-854 § 1; Ord. 02-707 § 1)
25.10.240 X definitions.
Reserved. (Ord. 02-707 § 1)
25.10.250 Y definitions.
“Yard” means an open space that lies between the principal building or buildings and the nearest property line. The minimum required yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in this code.
“Yard, required” means an open space between a property line and a structure within which no structure shall be located except as allowed by this code.
“Yard, front” means a space extending the full width of the lot between any building and the front property line and measured perpendicular from the front property line to the closest point of any building.
“Yard, rear” means a space extending the full width of the lot between the principal building and the rear property line and measured perpendicular from the rear property line to the closest point of the principal building.
“Yard, side” means a space extending from the front yard to the rear yard between the principal building and the side property line and measured perpendicular from the side property line to the closest point of the principal building. (Ord. 07-854 § 1; Ord. 02-707 § 1)
25.10.260 Z definitions.
“Zero lot line” means the location of a building on a lot in such a manner that one of the building’s sides rests directly abutting a lot line. (Ord. 02-707 § 1)
Division II. Land Use District Requirements
Chapter 25.15
LAND USE DISTRICTS AND
MAP ESTABLISHEDSections:
25.15.010 Purpose of districts.
25.15.020 List of districts established.
25.15.030 Zoning map.
25.15.040 Boundary interpretation.
25.15.010 Purpose of districts.
The city is divided into land use districts with the intent to provide for the distribution of land uses as contemplated by the city’s comprehensive plan and its related goals, policies, and programs; to maintain stability by grouping compatible uses and levels of activity and maintain commitment to public service facilities such as transportation systems, parks and utilities. (Ord. 02-707 § 1)
25.15.020 List of districts established.
The use classifications are:
District Designation
Residential-3 R-3
Residential-4 R-4
Residential-5 R-5
Residential Reserve RR
Residential-12 R-12
Commercial COM
Office OFF
Mixed Use MXD
Business and Technology Park BTP
Manufacturing Research Park MRP
Industrial IND
Open Space OS
Military MIL
Mineral Resource Overlay MRO
(Ord. 02-707 § 1)
25.15.030 Zoning map.
(1) The boundaries of the use districts are shown on the official zoning map, which together with all explanatory matters thereon, is hereby adopted by reference and declared to be a part of this title. The regulations of this title governing the use of land, buildings and structures, the height of buildings and structures, the sizes of yards about buildings and structures, and other matters set forth in this title are hereby established and declare to be in effect upon all land included within the boundaries of each and every district shown upon the zoning map.
(2) The boundaries of the use district shall be determined or defined or redefined from time to time, by the adoption of district maps covering the city showing the geographical area and location of the district. Each district map shall be, upon its final adoption, a part of this title, and the map, all notations, references and other information shown shall be made a part of this title as though all matters and information set forth on the map were fully described herein.
(3) The official zoning map shall be identified by the signature of the mayor and be attested and notarized by the city clerk. The original copy of the official zoning map shall be retained in the office of the city clerk. (Ord. 02-707 § 1)
25.15.040 Boundary interpretation.
The boundaries between classifications of the official zoning maps shall be interpreted specifically as shown on the maps and associated ordinances. Should uncertainty remain in regards to location or meaning of a boundary, the location or meaning shall be determined utilizing the following rules:
(1) Where district boundaries are indicated as approximately following the centerline of streets, alleys, highways, waterways or railroad tracks, the actual centerline shall be construed to be the boundary.
(2) Where district boundaries are indicated on such map as approximately following the lot or tract lines, the actual lot or tract lines shall be construed to be the boundary of such use district.
(3) Where a district boundary on the official zoning map divides a tract in unsubdivided property, the location of the use district boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the official zoning map.
(4) Where a public street or alley is officially vacated the regulations applying to the abutting property to which the vacated portion reverts shall apply to such vacated street or alley.
(5) In case uncertainty exists which cannot be determined by application of the foregoing rules, the hearing examiner shall determine the location of such use district boundaries pursuant to the provisions for code interpretations. (Ord. 02-707 § 1)
Chapter 25.20
RESIDENTIAL DISTRICTSSections:
25.20.010 Purpose.
25.20.020 Maximum density.
25.20.030 Use restrictions.
25.20.040 Single-family restrictions.
25.20.050 Multifamily residences.
25.20.010 Purpose.
(1) The purpose of the R-3 district is to implement the single-family land uses called for in the comprehensive plan, specifically within the Historic Village, and El Rancho Madrona subdivision, where single-family density averages three units per acre.
(2) The purpose of the R-4 district is to implement the single-family (SF) land uses called for in the land use tables of the comprehensive plan, where single-family density averages four units per gross acre. This district is appropriate for Hoffman Hill Village and Sequalitchew Village.
(3) The purpose of the R-5 district is to implement the single-family land uses called for in the land use tables of the comprehensive plan, where single-family density averages five units per acre. This district is appropriate for Palisade Village, Yehle Park Village and Edmond Village.
(4) The purpose of the R-12 district is to implement the multifamily land use called for in the land use tables of the comprehensive plan, where multifamily density averages 12 units per acre.
(5) The purpose of the residential reserve district is to designate property not needed for the city’s 20-year growth projections (currently ending in 2012) for the northerly portion of the Sequalitchew Village planning area. The residential reserve district is intended as an interim measure to provide time for future studies and analysis to be conducted for subsequent comprehensive plan amendments. As such, the density for this district is one dwelling unit per five acres. This designation will be reviewed as part of the city’s five-year plan update cycle and may be considered earlier through the city’s once every two-year plan amendment process if necessary.
(6) All provisions of this residential district chapter apply to all districts listed above unless stated otherwise. (Ord. 02-707 § 1)
25.20.020 Maximum density.
(1) The average single-family density of the R-3 district shall not exceed 3.5 single-family residences per gross acre.
(2) The average single-family density of the R-4 district shall not exceed 4.5 single-family residences per gross acre.
(3) The average single-family density of the R-5 district shall not exceed 5.5 single-family residences per gross acre.
(4) The average multifamily density of the R-12 district shall not exceed 12.5 dwelling units per gross acre.
(5) The average single-family density of the residential reserve district shall not exceed one single-family residence per five gross acres.
(6) Density of particular single-family developments shall be set in the process of reviewing short plats and subdivisions. (Ord. 02-707 § 1)
25.20.030 Use restrictions.
(1) Permitted Uses.
(a) Single-family residences;
(b) Multifamily residences when designated within an approved preliminary plat or short plat as provided in DMC 25.20.050;
(c) Parks owned by the public and mini or pocket parks;
(d) Home occupations;
(e) Family day care;
(f) Adult family home;
(g) Underground utilities;
(h) Above-ground utility and communication structures under 50 square feet in area and 7.5 feet in height, such as switchboxes and minor pump stations.
(i) Accessory Uses. Attached and detached residential garages within the Historic Village shall be located behind the principal residential structure.
(2) Conditional Uses.
(a) Schools;
(b) Child day care centers;
(c) Assisted living projects with up to 120 units;
(d) Senior housing and retirement homes with up to 120 units;
(e) Nursing homes with up to 180 beds;
(f) One accessory residence per lot;
(g) Churches;
(h) Public uses other than parks;
(i) Commercial recreation facilities such as golf, tennis, or swimming and all indoor commercial recreation facilities;
(j) Above-ground utility and communication structures over 50 square feet in area or 7.5 feet in height, such as electrical substations.
(3) Prohibited Uses.
(a) Attached and freestanding wireless communication facilities; and
(b) Multifamily in the residential reserve district.
(c) All uses not listed as permitted or conditional in the residential districts. (Ord. 07-854 § 1; Ord. 02-707 § 1)
25.20.040 Single-family restrictions.
(1) Maximum Building Height.
(a) Thirty-five feet for principal building, except in the Historic Village. Twenty-five feet for detached garages unless the detached garage contains an approved accessory residence above in which case the detached garage may not exceed 35 feet.
(b) In the Historic Village, 25 feet for principal building and 12.5 feet for detached garages. If an approved accessory residence is located above, the detached garage may not exceed 25 feet.
(2) Minimum Front Yard Setback. Either 20 feet or 16 feet provided the principal building on the adjacent lot is setback in excess of two feet to effect a variety of setbacks within the block, except:
(a) Covered unenclosed porches may extend six feet into the required front yard;
(b) Bay windows, chimneys and similar appurtenances may extend two feet into the required front yard provided the appurtenance does not constitute more than 20 percent of the wall facade to which it is attached;
(c) Eaves may extend two feet beyond the line of the appurtenance or two feet into the required front yard, whichever is greater;
(d) Houses abutting at least 20 feet depth of open space in the front need not have a front yard setback;
(e) Garages facing the front shall be set back 35 feet minimum, or 31 feet minimum when the principal building is set back 16 feet. An exception allowing garages to be set back five feet from the face of the house shall be made when:
(i) Not more than 10 percent of the lots in a preliminary plat are identified and approved for front facing garages at the time of the preliminary plat approval and no such lots are on main streets identified on maps of each village in the city’s comprehensive land use plan;
(ii) The width of the garage facing the front is less than or equal to 50 percent of the width of the residence at the front setback line;
(iii) The appearance of the garage is mitigated by one of the following methods: a porch roof extends across the face of the residence and garage, or an overhead trellis extends at least three feet out across the face of the entire garage, or a second story protrusion beyond the face of the garage at least three feet, or some approved combination of the methods is provided to create shadow and downplay the prominence of the garage door; and
(f) For townhouse development of up to six attached units on platted lots, where so designated in a subdivision approval, the individual units may be further subdivided into fee simple lots with or without front yard setbacks down to the perimeter walls of the unit as long as the unit is set back from the exterior boundaries of the parent lot, street and alley rights-of-way, tracts, and private and public open spaces the distances required in this section for front yards.
(3) Minimum Rear Yard Setback. Fifteen feet, except:
(a) Zero feet for storage sheds less than 100 square feet in area and eight feet in height and decks, provided the deck is maximum six inches above finish grade;
(b) Bay windows, chimneys and similar appurtenances may extend two feet into the required rear yard provided the appurtenance does not constitute more than 20 percent of the wall facade to which it is attached;
(c) Eaves may extend two feet beyond the line of the appurtenance or two feet into the required rear yard, whichever is greater;
(d) Fifteen feet from the centerline of the alley for garages, where an alley exists for only Palisade Village, Yehle Park Village, Hoffman Hill Village, Edmond Village, Sequalitchew Village;
(e) Five feet for single-story garages where no alley exists, for only Palisade Village, Yehle Park Village, Hoffman Hill Village, Edmond Village, Sequalitchew Village, and El Rancho Madrona;
(f) For townhouse development of up to six attached units on platted lots, where so designated in a subdivision approval, the individual units may be further subdivided into fee simple lots with or without rear yard setbacks down to the perimeter walls of the unit as long as the unit is set back from the exterior boundaries of the parent lot, street and alley rights-of-way, tracts, and private and public open spaces the distances required in this section for rear yards with exceptions as described in subsections (3)(b) and (c) of this section;
(g) The rear yard setback for detached garages on nonalley load lots in the R-4 and R-5 residential districts can be zero feet abutting other residential lots, nonresidential lots, or open spaces providing that garages on the lots abutting said zero lot line garage or garages shall have a minimum rear yard garage setback of five feet unless the garages are off-set from each other. A minimum three-foot-wide no-build maintenance easement shall be provided for all zero lot line, noncommon wall garage setbacks. Any garage constructed with a rear yard zero lot line shall comply with existing building code requirements; and
(h) The zero rear lot line garage walls cannot be used as a part of a screen fence or wall abutting the perimeter street frontage of a subdivision. However, the wall of a zero lot line garage may directly abut the back side of a screen fence.*
*DMC 25.20.040(3)(g) and (h) were added by Ord. 03-751 as DMC 25.20.040(3)(f) and (g) and were editorially renumbered to avoid duplicative numbering.
(4) Minimum Side Yard Setback.
(a) For Palisade Village, Yehle Park Village, Hoffman Hill Village, Edmond Village and Sequalitchew Village, the minimum side yard setbacks depend on lot width. Except as provided in subsections (4)(d), (e), (f) and (g) of this section, the following minimums shall apply:
Lot Width
Less than 45 feet
45 – 80 feet
Over 80 feet
Noncorner lots
5 feet, and the 2 sides must total 10 feet
5 feet, and the 2 sides must total 15 feet
5 feet, and the 2 sides must total 20 feet
Corner lots*
10 feet
10 feet
14 feet
*These minimums pertain to the street frontage other than the front yard.
(b) For El Rancho Madrona the minimum side yard setback is five feet and the two side yards must total 20 feet, except as provided in subsections (4)(d), (e), (f) and (g) of this section. Corner lots shall provide a 14-foot setback from the street side property line to the principle building.
(c) For Historic Village the minimum side yard setback is 10 feet, except as provided in subsections (4)(d), (e), (f) and (g) of this section. Side yard setbacks for the following improvements are indicated as follows:
(i) Five feet for detached accessory structures;
(ii) Fourteen feet for side yards on a corner lot;
(d) Bay windows, chimneys and similar appurtenances may extend two feet into the required side yard provided the appurtenance does not constitute more than 20 percent of the wall facade to which it is attached. However, no appurtenance may be directly opposite of an appurtenance on an adjacent lot;
(e) Eaves may extend two feet beyond the line of the appurtenance or two feet into the required side yard, whichever is greater;
(f) No minimum side yard setback shall apply to storage sheds less than 100 square feet in area and eight feet in height and decks provided the deck is maximum six inches above finish grade.
(g) In zero lot line housing, where so designated in a subdivision approval, there may be zero setback on one side of the residence provided:
(i) The side yard in question does not front on a street;
(ii) The other side yard setback is at least 10 feet, or 15 feet depending on lot width, per subsection (4)(a) of this section; and
(iii) The subdivision approval indicates which side yard will receive zero setback, stipulates that any windows in walls with zero setback shall be designed to diffuse light such that objects beyond cannot be distinguished; and provides for easements allowing homeowners to maintain walls with zero setback;
(h) For townhouse development of up to six attached units of platted lots, where so designated in a subdivision approval, the individual units may be further subdivided into fee simple lots with or without side yard setbacks down to the perimeter walls of the unit as long as the unattached end unit structure is set back from the exterior boundaries of the parent lot, street and alley rights-of-way, tracts, and private and public open spaces the distance required for multifamily residences as described in DMC 25.20.050, Multifamily residences, and the requirements of Chapter 25.65 DMC are met. Wherever a zero lot line exterior wall does not abut another zero lot line exterior wall a three-foot-wide no-build maintenance easement shall be maintained at the property line;
(i) The side yard setback for detached garages on lots in the R-4 and R-5 Residential Districts can be zero feet abutting other residential lots, nonresidential lots, or open spaces providing that if the side yard zero lot line is used for a detached individual single-story garage, the garage side yard for the abutting garage is a minimum of five feet. A minimum three-foot-wide no-build maintenance easement shall be provided for all zero lot line, noncommon wall garage setbacks. Any garage constructed with a side yard zero lot line shall comply with existing building code requirements; and
(j) The zero lot line garage cannot use the side lot line adjacent to the street on a corner lot as its zero lot line. The wall of a garage cannot be used as a part of a screen fence or wall abutting the perimeter street frontage of a subdivision.*
*DMC 25.20.040(4)(i) and (j) were added by Ord. 03-751 as DMC 25.20.040(4)(h) and (i) and were editorially renumbered to avoid duplicative numbering.
(5) Lot Coverage.
(a) For Palisade Village, Yehle Park Village, Hoffman Hill Village, Edmond Village and Sequalitchew Village, maximum lot coverage is as follows.
Lot Width
Less than 45 feet
45 – 60 feet
Over 60 feet
Maximum lot coverage
45%
40%
35%
(b) For the Historic Village and El Rancho Madrona maximum lot coverage is 35 percent.
(c) For the residential reserve district the maximum lot coverage is 10 percent.
(d) For townhouse development of up to six attached units on platted lots, where so designated in a subdivision approval, the lot coverage on the fee title lot may be 100 percent; provided, that the unit is set back from the exterior boundaries of the parent lot, street and alley rights-of-way, tracts, and private and public open spaces the distances required in DMC 25.20.040 for all yards.
(6) Fences.
(a) No fence shall exceed six feet in height, except that the city may, in the conditional use permit process, allow fences up to eight feet tall around utility and government facilities.
(b) No fence shall be allowed in the front setback area.
(7) Common Maintenance. In any instance where the combined areas of the fee title lots is less than the area of the parent lot, the remaining area shall be governed and maintained through a common maintenance agreement among all of the fee title lot owners. Said agreement shall be reviewed and approved by the city as to form.*
*DMC 25.20.040(7) was added by Ord. 03-750 as DMC 25.20.040(6) and was editorially renumbered to avoid duplicative numbering.
(Ord. 07-854 § 1; Ord. 03-751 §§ 1, 2; Ord. 03-750 §§ 1 – 5; Ord. 02-707 § 1)
25.20.050 Multifamily residences.
(1) Location and Size Limit. Multifamily projects shall not exceed 120 units. Projects with more than 80 units shall be separated from one another by at least 250 feet regardless of the district in which the multifamily project is located.
(2) Height. The maximum building height shall be 45 feet for MFR buildings separated from a single-family residence by another building, a public street, or at least 100 feet of open land, or 55 feet for MFR buildings that include parking under the building for a minimum of 75 percent of the building ground floor area. For MFR buildings not separated from a single-family residence by another building, a public street, or at least 100 feet of open land, the maximum height shall be 35 feet.
(3) Front, Side, and Rear Setbacks.
(a) The front, side, and rear setback requirements for two-story MFR buildings shall be the same as those for the residential district except that the side-to-side distance between more than two MFR buildings containing more than two units shall average at least 15 feet. (That is, if three fourplexes adjoin, and if the distance between two units is 10 feet, then the distance between the other two shall be at least 20 feet.)
(b) For three-story MFR buildings, the front yard setback shall be the same as for two-story MFR buildings. The side-to-side distance between three-story MFR buildings shall at least average 20 feet with no distance between buildings less than 15 feet. The rear setback for three-story MFR buildings shall be at least 20 feet.
(4) Townhouses. For townhouses, side yard setbacks shall refer to the overall structure, not individual units.
(5) Lot Coverage and Fences. The provisions for lot coverage and fences shall be the same for MFR as per DMC 25.20.040(5) and (6).
(6) Site Plan Approval. Site plan approval is required for all multifamily development projects. Multifamily development projects and expansions less than 80 units shall be processed with a Type II procedure. Multifamily development projects larger than 80 units shall be processed with a Type III procedure. Processes for all procedures are set forth in DMC 25.175.010.
(7) Design Review. Design review is required for all multifamily projects. Multifamily design review shall be processed with a Type I procedure as set forth in DMC 25.175.010. (Ord. 07-854 § 1; Ord. 03-736 § 1; Ord. 02-707 § 1)
Chapter 25.25
COMMERCIAL DISTRICTSections:
25.25.010 Purpose.
25.25.020 Permitted uses.
25.25.030 Exceptions to DMC 25.25.020.
25.25.040 Conditional uses.
25.25.050 Building bulk restrictions.
25.25.060 Site plan approval.
25.25.070 Design review.
25.25.010 Purpose.
The purpose of this district is to implement the comprehensive plan’s concept of commercial development occurring in the two commercial areas. These areas are intended to provide goods and services to the entire community or larger market areas. (Ord. 02-707 § 1)
25.25.020 Permitted uses.
(1) All forms of retail trade, such as stores, shops, and sales offices except those listed in DMC 25.25.030;
(2) All forms of service businesses, other than adult entertainment, such as hotels, entertainment facilities, restaurants, clinics, banks, professional offices, and service stations, except those listed in DMC 25.25.030;
(3) Residences on the second or higher floors of buildings;
(4) Adult family home;
(5) Family day care and child day care center;
(6) Offices;
(7) Quasi-public uses;
(8) Public uses;
(9) Drive thru window; provided, however, that restaurants with a drive thru window must also provide seating inside the restaurant in an area equal to at least 15 percent of the restaurant’s total floor area;
(10) Underground utilities;
(11) Above-ground utility structures under 50 square feet in area and under seven feet in height;
(12) Attached wireless community facilities;
(13) Open-air vending. (Ord. 02-707 § 1)
25.25.030 Exceptions to DMC 25.25.020.
Service businesses such as wrecking yards, bulk fuel distributors, automotive repair, heavy equipment repair, and warehousing are prohibited. (Ord. 02-707 § 1)
25.25.040 Conditional uses.
Above-ground utility structures over 50 square feet in area or over seven feet in height. (Ord. 02-707 § 1)
25.25.050 Building bulk restrictions.
(1) The maximum building height shall be 50. However, structures within 100 feet of a residential district shall not exceed 35 feet in height.
(2) The front yard setback shall be between zero and 20 feet. (Ord. 02-707 § 1)
25.25.060 Site plan approval.
Site plan approval is required for all development projects. For development projects and expansions up to and including 50,000 square feet of building area, site plan review shall be processed as a Type II procedure. Conditional uses, projects and expansions greater than 50,000 square feet of building area shall be processed as a Type III procedure. Processes for all procedures are set forth in DMC 25.175.010. (Ord. 03-736 § 2; Ord. 02-707 § 1)
25.25.070 Design review.
Design review is required for development projects pursuant to DMC 25.70.010. Design review shall be processed with a Type I procedure as set forth in DMC 25.175.010. (Ord. 02-707 § 1)
Chapter 25.30
OFFICE DISTRICTSections:
25.30.010 Purpose.
25.30.020 Permitted uses.
25.30.030 Conditional uses.
25.30.040 Building bulk restrictions.
25.30.050 Site design.
25.30.060 Site plan approval.
25.30.010 Purpose.
The purpose of this district is to implement the comprehensive plan’s concept of office employment in portions of DuPont Station land use area. (Ord. 02-707 § 1)
25.30.020 Permitted uses.
(1) All forms of corporate, professional, public, brokerage, administrative, financial, and research offices, excluding the walk-in and drive-up service operations of banking and lending institutions;
(2) Nonretail office-oriented service providers, such as communications services, photocopying, and couriers;
(3) Office equipment sales and service;
(4) Uses which provide a service to the employees of any permitted use set forth in subsections (1) through (3) of this section that are contained in the main building of said permitted use, and consume no more than 10 percent of the total floor area of said permitted use. Examples include, but are not limited to, cafeterias, cash machines, credit unions, company stores, day care, and exercise rooms;
(5) Child day care center;
(6) Underground utilities;
(7) Above-ground utility structures under 50 square feet in area and under seven feet in height. (Ord. 02-707 § 1)
25.30.030 Conditional uses.
(1) Quasi-public uses;