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Title 21
ZONING*Chapters:
21.02 Definitions
21.04 General Provisions
21.06 Street Frontage Landscape Requirements
21.08 Repealed
21.10 Fence, Hedge and Vision Obstruction Regulations
21.12 Nonconforming Uses and Structures
21.14 Setbacks from Centerline
21.16 Signs
21.18 Off-Street Parking
21.20 Code Amendments
21.22 Reclassification
21.24 Conditional Use Permits
21.25 Project Design Review
21.26 Variances
21.28 Repealed
21.30 Planned Unit Development
21.40 Use Zones and Zoning Map
21.42 Residential Single-Family Zones
21.43 Residential Multiple-Family Zones
21.44 Public and Semi-Public Zone
21.46 Commercial Zones
21.48 Planned Regional Shopping Center Zone
21.50 Industrial Zones
21.52 Mixed Use/Business Zone
21.54 Commercial-Residential Zone
21.56 164th Street Overlay Zone
21.57 College District Mixed Use (CDM) Zone
21.58 College District Overlay (CDO) Zone
21.60 City Center District (CC) Zone
21.70 Manufactured Homes, Mobile Homes, Manufactured Home Developments, and Mobile Home Parks
21.72 Interim Uses
21.80 Historic Preservation
21.90 Wireless Communications Facilities
*Code reviser’s note: In 1996, Title 20, Zoning, was recodified to Title 21, Zoning, by Ord. No. 2020.
Chapter 21.02
DEFINITIONSSections:
21.02.005 Generally.
21.02.010 Accessory.
21.02.011 Accessory dwelling unit.
21.02.012 Adult establishment(s).
21.02.013 Adult family home.
21.02.014 Adult retail use(s).
21.02.015 Alley.
21.02.020 Alteration.
21.02.025 Amendment.
21.02.030 Amusement center.
21.02.035 Antiques and antique shop.
21.02.040 Apartment hotel.
21.02.045 Apartment house.
21.02.046 Arterial, collector.
21.02.047 Arterial, minor.
21.02.048 Arterial, principal.
21.02.055 Automobile, boat and trailer sales area.
21.02.070 Automobile wrecking.
21.02.075 Automobile wrecking yard.
21.02.077 Awning, nonrigid.
21.02.080 Basement.
21.02.085 Billboard.
21.02.087 Biotechnology.
21.02.090 Block front.
21.02.100 Boarding, lodging, or rooming house.
21.02.105 Building area.
21.02.125 Building, enclosed.
21.02.130 Building code.
21.02.136 Building, office.
21.02.145 Building height.
21.02.150 Building line.
21.02.155 Building, main.
21.02.171 Building, service.
21.02.175 Building site.
21.02.180 Bulk.
21.02.190 Business or commerce.
21.02.192 Business park and technical park.
21.02.193 Business site.
21.02.194 Business site, individual.
21.02.195 Business site, multiple.
21.02.197 Carnival.
21.02.200 Carport.
21.02.205 Cellar.
21.02.210 Cemetery.
21.02.211 Child day care.
21.02.212 Child day-care facility.
21.02.213 Child day-care center.
21.02.215 Children – Resident home.
21.02.220 Children – Institutions.
21.02.225 Church.
21.02.230 Circus.
21.02.232 City.
21.02.235 Clinic.
21.02.240 Club.
21.02.245 Commission.
21.02.250 Conditional use.
21.02.255 Conditional use permit.
21.02.260 Conforming use.
21.02.265 Conforming building.
21.02.266 Congregate care.
21.02.267 Convenience store.
21.02.268 Council, regularly scheduled meeting.
21.02.272 Dance, public.
21.02.273 Dance hall, licensed.
21.02.286 Director of planning.
21.02.290 Dwelling.
21.02.295 Dwelling, types of.
21.02.300 Dwelling unit.
21.02.325 Family.
21.02.326 Family child care home.
21.02.327 Fast food eating establishment.
21.02.330 Fence.
21.02.333 Festoon.
21.02.335 First permitted.
21.02.340 Floor area.
21.02.355 Fraternity, sorority, or group student house.
21.02.357 Frontage, street.
21.02.358 Frontage, building.
21.02.360 Garage, parking.
21.02.365 Garage, private.
21.02.375 Gas station.
21.02.380 Grade, lot.
21.02.382 Green belt.
21.02.384 Gross leaseable area.
21.02.385 Hazardous waste.
21.02.386 Hazardous waste storage.
21.02.387 Hazardous waste treatment.
21.02.388 Heat pump.
21.02.390 Hedge.
21.02.395 Height of building.
21.02.400 Heliport.
21.02.405 Helistops.
21.02.415 Home occupation.
21.02.420 Hospital.
21.02.425 Hospital, mental (including hospitals for treatment of alcoholics).
21.02.430 Hospital or clinic, small animal.
21.02.435 Hotel.
21.02.441 Housing for the elderly and physically disabled.
21.02.442 Industrial park.
21.02.450 Junk yard.
21.02.455 Kennel.
21.02.465 Livestock.
21.02.475 Lodging house.
21.02.480 Lot.
21.02.485 Lot area and dimensions.
21.02.490 Lot coverage.
21.02.495 Lot lines.
21.02.500 Lot types.
21.02.501 Manufactured home.
21.02.502 Manufactured home development.
21.02.503 Mobile home.
21.02.504 Repealed.
21.02.505 Mobile home park.
21.02.507 Marquee.
21.02.509 Mini-day-care program.
21.02.510 Motel.
21.02.512 Motor hotel.
21.02.513 Municipal services.
21.02.514 Municipal shops.
21.02.515 Mural, decorative.
21.02.518 Nonconforming building or structure.
21.02.520 Nonconforming use.
21.02.525 Nursery school.
21.02.530 Nursing or convalescent home.
21.02.532 Office, on-site service.
21.02.533 On-site hazardous waste treatment and storage facility.
21.02.535 Open space, required.
21.02.537 Opiate substitution treatment service provider (OSTSP).
21.02.540 Repealed.
21.02.545 Repealed.
21.02.550 Parking area, private.
21.02.555 Parking area, public.
21.02.556 Park and pool lots.
21.02.560 Parking space.
21.02.563 Parking, tandem.
21.02.564 Park trailer.
21.02.565 Person.
21.02.566 Personal service shop.
21.02.567 Pet grooming.
21.02.570 Pet shop.
21.02.575 Place.
21.02.576 Planned unit development.
21.02.577 Planning commission.
21.02.578 Premises.
21.02.580 Principal use.
21.02.585 Professional offices.
21.02.587 Private road.
21.02.589 Public entrance, primary.
21.02.590 Public utility facilities.
21.02.595 Reclassification of property.
21.02.600 Reclassification of use.
21.02.605 Recorded.
21.02.609 Recreational area, active.
21.02.610 Recreational area or community club house, noncommercial.
21.02.612 Recreational vehicle – RV.
21.02.615 Recreational area, commercial.
21.02.617 Recycling collection center.
21.02.622 Refuse and recycling collection area.
21.02.624 Research and development.
21.02.625 Residence.
21.02.627 Respite care.
21.02.640 Sanitarium.
21.02.645 Schools, elementary, junior high and high.
21.02.650 Screening.
21.02.655 Secondhand stores.
21.02.657 Secure community transition facility (SCTF).
21.02.660 Service station, full.
21.02.661 Service station, self.
21.02.663 Setback, building.
21.02.664 Shopping center.
21.02.665 Sign.
21.02.667 Sign, awning.
21.02.670 Sign, banner.
21.02.672 Sign, business.
21.02.674 Sign, construction.
21.02.676 Sign, electronic changing message.
21.02.678 Sign face.
21.02.680 Sign, freestanding.
21.02.682 Sign, ground.
21.02.685 Sign, incidental.
21.02.687 Sign, individual letter.
21.02.689 Sign, institution identification.
21.02.690 Sign, internal information.
21.02.692 Sign, nonconforming.
21.02.694 Sign, marquee.
21.02.695 Sign, monument.
21.02.697 Sign, mural.
21.02.698 Sign, off-premises.
21.02.700 Sign, on-premises.
21.02.702 Sign, pole.
21.02.704 Sign, political.
21.02.705 Sign, portable.
21.02.707 Sign, projecting.
21.02.708 Sign, readerboard.
21.02.710 Sign, real estate.
21.02.711 Sign, real estate open house or directional.
21.02.713 Sign, residential development identification.
21.02.715 Sign, roof.
21.02.716 Sign, sale of household goods.
21.02.718 Sign, wall.
21.02.720 Sign area.
21.02.722 Solar collector.
21.02.723 Solar energy system.
21.02.725 Solar greenhouse, attached.
21.02.726 Solar sunspace, attached.
21.02.728 Specialty retail center.
21.02.730 Specified sexual activities.
21.02.731 Specified anatomical areas.
21.02.733 Stand.
21.02.735 Story.
21.02.737 Street.
21.02.738 Street line.
21.02.740 Street, principal.
21.02.741 Street, side.
21.02.743 Structure.
21.02.745 Temporary special event.
21.02.746 Trade or business school.
21.02.748 Theater.
21.02.750 Theater, drive-in.
21.02.755 To place.
21.02.765 Trailer park, trailer court, mobile home park and public trailer camp.
21.02.775 Use.
21.02.780 Use or structure, accessory.
21.02.785 Use or structure, conditional.
21.02.795 Use or building, principal.
21.02.800 Variance.
21.02.803 Warehouse.
21.02.805 Wireless communications facility.
21.02.806 Wireless communications facility, attached.
21.02.807 Wireless communications support structure.
21.02.810 Wholesale store.
21.02.815 Yard.
21.02.820 Yards, types and measurements.
21.02.825 Yard, rear line of required front.
21.02.830 Zone.
21.02.005 Generally.
For the purposes of this title, the following terms, phrases, words, and their derivations shall have the meaning given in this chapter. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV, 1964)
21.02.010 Accessory.
“Accessory” means a use, a building or structure, part of a building or other 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 common wall or roof, such accessory building shall be considered a part of the main building. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 401, 1964)
21.02.011 Accessory dwelling unit.
“Accessory dwelling unit” means a second dwelling unit on a premises occupied by a single-family detached dwelling. This unit provides a separate and completely independent dwelling unit with facilities for cooking, eating, sanitation and sleeping. (Ord. 2051 § 1, 1995)
21.02.012 Adult establishment(s).
“Adult establishment(s)” includes the businesses or facilities listed in this section which are further defined herein or elsewhere in the Lynnwood Municipal Code. If no definition appears in the Lynnwood Municipal Code, then usual and customary meanings shall apply.
A. “Adult cabaret” means a commercial establishment which presents go-go dancers, strippers, male or female impersonators, or similar entertainers and which excludes any person by virtue of age from all or any portion of the premises.
B. “Adult drive-in theatre” means a drive-in theatre where a substantial portion of the use is used for presenting motion picture films, video cassettes, cable television, or any other like visual media, distinguished or characterized by a predominant emphasis on matters depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” as defined in LMC 21.02.730 and 21.02.731.
C. “Adult motion picture theatre” means an enclosed building where a substantial portion of the use is used for presenting, for commercial purposes, motion picture films, video cassettes, cable television, or any other like visual media, distinguished or characterized by a predominant emphasis on matters depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” as defined in LMC 21.02.730 and 21.02.731, for observations by patrons therein.
D. Adult Entertainment and Adult Entertainment Premises. As defined in Chapter 5.50 LMC.
E. Public Bathhouses. As defined in LMC 5.52.010(A).
F. Panorams, Previews, Picture Arcades, and Peepshows. As defined in Chapter 5.62 LMC. (Ord. 2315 § 2, 2000; Ord. 2020 § 2, 1994; Ord. 1846 § 1, 1991; Ord. 1765 § 1, 1990; Ord. 1247 § 7(A), 1982).
21.02.013 Adult family home.
“Adult family home” means a regular abode of person(s) providing personal 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(s) providing such services, and whose home is licensed by the state as an adult family home. The following list of residential facilities, which is not intended to be complete, are not included in this definition:
A. Nursing and convalescence homes.
B. Boarding, lodging or rooming houses.
C. Hospitals.
D. Mental hospitals or residential treatment centers for the mentally ill. (Ord. 2020 § 2, 1994; Ord. 1889 § 1, 1992)
21.02.014 Adult retail use(s).
“Adult retail use(s)” means a retail establishment which, for money or any other form of consideration, either: (a) has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing or use, off the premises, any adult-oriented merchandise; or (b) provides, as its substantial stock in trade, for the sale, exchange, rental, loan, trade, transfer, and/or provides for viewing or use, off the premises, any adult-oriented merchandise. “Adult retail use(s)” includes the businesses or facilities listed in this subsection, which are further defined herein or elsewhere in the Lynnwood Municipal Code. If no definition appears in the Lynnwood Municipal Code, then usual and customary meanings shall apply.
A. Adult-Oriented Merchandise. “Adult-oriented merchandise” means any goods, products, commodities or other wares, including but not limited to videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals or nonclothing novelties, which depict, describe or simulate specified anatomical areas or specified sexual activities.
B. Adult Retail Store. “Adult retail store” means a retail establishment in which:
1. A substantial portion of the “stock in trade” consists of items, products or equipment distinguished or characterized by a predominant emphasis on or simulation of “specified sexual activities” or “specified anatomical areas,” as defined in LMC 21.02.730 and 21.02.731; or
2. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where products or equipment distinguished or characterized by a predominant emphasis on or simulation of “specified sexual activities” or “specified anatomical areas,” as defined in LMC 21.02.730 and 21.02.731, are displayed or sold;
3. For the purposes of this subsection, “stock in trade” shall mean the greater of:
a. The retail dollar value of all items, products or equipment readily available for purchase, rental, viewing or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or
b. The total volume of shelf space and display area.
C. An adult retail store shall include, but is not limited to, adult bookstores and adult video stores:
1. Adult Bookstore. “Adult bookstore” means a retail establishment in which:
a. A substantial portion of the “stock in trade” consists of books, magazines, posters, pictures, periodicals or other printed material distinguished or characterized by a predominant emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas,” as defined in LMC 21.02.730 and 21.02.731; or
b. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where books, magazines, posters, pictures, or other printed material distinguished or characterized by a predominant emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas,” as defined in LMC 21.02.730 and 21.02.731, are displayed or sold;
c. For the purposes of this subsection, “stock in trade” shall mean the greater of:
i. The retail dollar value of all books, magazines, posters, pictures, periodicals or other printed material readily available for purchase, rental, viewing or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or
ii. The total volume of shelf space and display area.
2. Adult Video Store. “Adult video store” means a retail establishment in which:
a. A substantial portion of the “stock in trade” consists of pre-recorded video tapes, discs, or similar material distinguished or characterized by a predominant emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas,” as defined in LMC 21.02.730 and 21.02.731; or
b. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where pre-recorded video tapes, discs, or similar material distinguished or characterized by a predominant emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas,” as defined in LMC 21.02.730 and 21.02.731, are displayed or sold;
c. For the purposes of this subsection, “stock in trade” shall mean the greater of:
i. The retail dollar value of all pre-recorded video tapes, discs or similar material readily available for purchase, rental, viewing or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or
ii. The total number of titles of all pre-recorded video tapes, discs or similar material readily available for purchase, rental, viewing or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not regularly open to patrons. (Ord. 2315 § 1, 2000; Ord. 2020 § 2, 1994; Ord. 1847 § 1, 1991)
21.02.015 Alley.
“Alley” means any public space or thoroughfare 20 feet or less in width, but not less than 10 feet in width, which has been dedicated or deeded to the public for public travel and which affords secondary access to abutting property. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 401, 1964)
21.02.020 Alteration.
“Alteration,” as applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 401, 1964)
21.02.025 Amendment.
“Amendment” means a change in wording, context or substance of this title, adoption of the zoning map hereunder, a change in the zone boundaries upon zoning maps adopted hereunder, or the adoption of a planned unit development. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 401, 1964)
21.02.030 Amusement center.
See Chapter 5.60 LMC. (Ord. 2020 § 2, 1994)
21.02.035 Antiques and antique shop.
“Antiques” means any article which, because of age, rarity or historical significance, has a monetary value greater than the original value, or which has age recognized by the United States Government as entitling the article to an import duty less than that prescribed for contemporary merchandise. A store or shop selling only such articles or offering them for sale shall be considered as an antique shop or store, and not considered as a dealership handling used or secondhand merchandise. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 401, 1964)
21.02.040 Apartment hotel.
“Apartment hotel” means a building providing accommodations for transient guests in which at least 50 percent of the gross habitable floor area is devoted to dwelling units. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 401, 1964)
21.02.045 Apartment house.
“Apartment house” means a building or a portion of a building, designed for occupancy by three or more families living separately from each other and containing three or more dwelling units. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 401, 1964)
21.02.046 Arterial, collector.
“Collector arterial” means a street which collects and distributes traffic from higher type arterial streets to access streets or directly to traffic destinations and serves neighborhood traffic generators such as a store, a small group of stores, elementary school, church, clinic, or apartment area. (Ord. 2020 § 2, 1994; Ord. 1343 § 3, 1983)
21.02.047 Arterial, minor.
“Minor arterial” means a street which collects and distributes traffic from higher type arterial streets to less important streets or directly to traffic destinations and serves secondary traffic generators such as a community business center, school, community center, athletic field, neighborhood shopping center, major park, multiple residence area, concentration of offices or clinics, and traffic from neighborhood to neighborhood within a community. (Ord. 2020 § 2, 1994; Ord. 1343 § 3, 1983)
21.02.048 Arterial, principal.
“Principal arterial” means a street which expedites movement of traffic to major traffic generators such as to a central business district, regional and major community shopping center, commercial service district, college or university, military installation, and from community to community. It also collects and distributes traffic from freeways and expressways to less important arterial streets, or directly to traffic destinations. (Ord. 2020 § 2, 1994; Ord. 1343 § 3, 1983)
21.02.055 Automobile, boat and trailer sales area.
“Automobile, boat and trailer sales area” means an open area, other than a street, used for the display, sale or rental of new or used automobiles, boats or trailers, and where no repair work is done except minor incidental repair of automobiles, boats or trailers to be displayed, sold or rented on the premises. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 401, 1964)
21.02.070 Automobile wrecking.
“Automobile wrecking” means any dismantling or wrecking of motor vehicles or trailers, or the storage or sale of dismantled or wrecked vehicles or their parts. (Ord. 2020 § 2, 1994; Ord. 1458 § 1, 1985; Ord. 190 Art. IV § 401, 1964)
21.02.075 Automobile wrecking yard.
“Automobile wrecking yard” means any premises devoted to automobile wrecking as the term is defined herein. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 401, 1964)
21.02.077 Awning, nonrigid.
“Nonrigid awning” means a space frame structure with a flexible fabric covering which serves as a shelter. Tents shall not be considered nonrigid awnings. (Ord. 2020 § 2, 1994; Ord. 1590 § 2, 1987)
21.02.080 Basement.
“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 the grade to the ceiling. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 401, 1964)
21.02.085 Billboard.
See “Sign, advertising.” (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 402, 1964)
21.02.087 Biotechnology.
“Biotechnology” means a use that uses living organisms or parts of organisms to make/modify products, modify plants or animals, or develop microorganisms for specific use. Uses that would meet this definition but have, as their primary purpose, the research and development of new products, services or intellectual property shall be classified as research and development uses. (Ord. 2490 § 2, 2004)
21.02.090 Block front.
“Block front” means the frontage of private property within a single zone and along one side of a street between intersecting or intercepting platted streets or between a platted street and a railroad right-of-way or a waterway provided such distance does not extend more than 300 feet of the mid-line of a lot. (Ord. 2020 § 2, 1994; Ord. 218, 1964; Ord. 190 Art. IV § 402, 1964)
21.02.100 Boarding, lodging, or rooming house.
“Boarding, lodging, or rooming house” means a building, other than a hotel, where meals and/or rooms or lodging are provided for compensation with two or more nontransient persons. (Ord. 2020 § 2, 1994; Ord. 1138 § 2, 1980; Ord. 190 Art. IV § 402, 1964)
21.02.105 Building area.
“Building area” means the aggregate of the maximum horizontal cross-sectional area of the main building on a lot, excluding cornices, eaves, gutters, or chimneys projecting not more than two feet, steps, one-story open porches, bay windows not extending through more than one-story and not projecting more than two feet, balconies and terraces. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 402, 1964)
21.02.125 Building, enclosed.
“Enclosed building” means a building enclosed on all sides with wall and roof and having no openings other than closeable, glazed windows and doors and vents. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 402, 1964)
21.02.130 Building code.
“Building code” means an ordinance regulating the excavation, erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings or structures in the city of Lynnwood; providing for the issuance of permits and collection of fees therefor; declaring and establishing fire districts and providing penalties for the violation thereof. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 402, 1964)
21.02.136 Building, office.
“Office building” means a building occupied primarily by clerical and administrative functions and/or professions. An office building may also be partially occupied by other activities incidental to
the office use, if such incidental use is allowable within the respective zone. (Ord. 2020 § 2, 1994; Ord. 748 § 2, 1974)
21.02.145 Building height.
“Building height” means the vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 402, 1964)
21.02.150 Building line.
“Building line” means a line, established by law, beyond which a building or structure shall not extend except for cornices, eaves, gutters, chimneys or one-story bay windows projecting not more than two feet; and open patios or decks not exceeding three feet in height above the average grade. (Ord. 2295 § 4, 2000; Ord. 2020 § 2, 1994; Ord. 1348 § 1, 1983; Ord. 190 Art. IV § 402, 1964)
21.02.155 Building, main.
“Main building” means the principal building or other structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted; where a permissible use involves more than one building or structure designed or used for the primary purpose, as in the case of group houses, each such permissible building or other structure on a lot or building site as defined by this title shall be construed as comprising a main building or structure. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 402, 1964)
21.02.171 Building, service.
“Service building,” as used in the light industrial zone, means any building other than one which is exclusively an office building as defined above, the service building being designed for and used for manufacturing, warehousing or any other uses permitted in the light industrial zone. (Ord. 2020 § 2, 1994; Ord. 748 § 2, 1974)
21.02.175 Building site.
“Building site” means that land assigned to:
A. A use;
B. A main building;
C. A main building and its accessory buildings; or
D. A group of buildings or uses which are developed, owned, and managed as an operating unit (e.g., shopping center, business park, multiple-family complex).
The term shall include the total area including all yards and open spaces required by this title whether the area so devoted is comprised of one lot, a combination of contiguous lots, or combination of contiguous lots and contiguous fractions of lots. The term shall not be used to define two or more contiguous lots or contiguous fractions of lots whose developmental coordination is limited to the provision of easements. (Ord. 2020 § 2, 1994; Ord. 1618 § 1, 1988; Ord. 1607 § 18, 1987; Ord. 190 Art. IV § 402, 1964)
21.02.180 Bulk.
“Bulk” means the size and location of buildings and structures in relation to the lot. Bulk regulations include maximum height of building, minimum lot area, minimum front, side and rear yard and maximum lot coverage. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 402, 1964)
21.02.190 Business or commerce.
“Business” or “commerce” 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 or occupancy of office buildings, offices, recreational or amusement enterprises; or the maintenance and use of buildings, offices, structures or premises by professions and trades or persons rendering services. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 402, 1964)
21.02.192 Business and technical park.
“Business and technical park” means a planned development of one or more buildings which displays unity and high aesthetic standards in architecture and in the choice of building materials, landscaping and other external features, and typically is occupied by several tenants, with emphasis on office uses, distribution, low intensity warehousing, and light fabrication and/or assembly. (Ord. 2020 § 2, 1994; Ord. 1465 § 1, 1985; Ord. 1036 § 1, 1979)
21.02.193 Business site.
“Business site” means a building site as defined by LMC 21.02.175. (Ord. 2020 § 2, 1994; Ord. 1618 § 2, 1988; Ord. 1116 § 7, 1980)
21.02.194 Business site, individual.
“Individual business site” means a business site with a single commercial tenant or occupant. (Ord. 2020 § 2, 1994; Ord. 1116 § 7, 1980)
21.02.195 Business site, multiple.
“Multiple business site” means a business site as defined by LMC 21.02.193, with two or more commercial tenants or occupants. (Ord. 2020 § 2, 1994; Ord. 1618 § 3, 1988; Ord. 1116 § 7, 1980)
21.02.197 Carnival.
“Carnival,” as set out in this title, shall be construed to mean every temporary use of a device, institution or assemblage of devices or institutions the purpose whereof is that of providing entertainment, amusement, sport, pastime or merriment for the patrons thereof, and shall include roller coaster, merry-go-round, swing, ferris wheel, games of shooting, throwing, pitching, phenomenal exhibitions and everything of like character. (Ord. 2020 § 2, 1994; Ord. 1240 § 1, 1982)
21.02.200 Carport.
“Carport” means a private garage which is open to the weather on at least 40 percent of the total area of its sides. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)
21.02.205 Cellar.
“Cellar” means that portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from the grade to the floor below is equal to or greater than the vertical distance from grade to the ceiling above. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)
21.02.210 Cemetery.
“Cemetery” means land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)
21.02.211 Child day care.
“Child day care” means the provision of supplemental parental care and supervision for a nonrelated child or children, on a regular basis, for less than 24 hours a day, and under license by the Washington State Department of Social and Health Services.
The term is not intended to include baby-sitting services of a casual, nonrecurring nature or in the child’s own home. Likewise, the term is not intended to include cooperative, reciprocative child care by a group of parents in their respective homes. (Ord. 2020 § 2, 1994; Ord. 1844 § 2, 1991)
21.02.212 Child day-care facility.
“Child day-care facility” means a building or structure in which an agency, person, or persons regularly provide care for a group of children for periods of less than 24 hours a day. Child day-care facilities include family child care homes, out-of-home child mini-day-care centers, and child day-care centers regulated by the Washington State Department of Social and Health Services. (Ord. 2020 § 2, 1994; Ord. 1844 § 3, 1991)
21.02.213 Child day-care center.
“Child day-care center” means a child day-care facility providing regularly scheduled care for 13 or more children, within a one-month through 12-years-of-age range, for periods of less than 24 hours. (Ord. 2020 § 2, 1994; Ord. 1844 § 4, 1991)
21.02.215 Children – Resident home.
“Children – Resident home” means a dwelling unit occupied by a family which provides full time supervision for from seven to 12 children unrelated to the resident family. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)
21.02.220 Children – Institutions.
“Children – Institutions” means an establishment consisting of one or more buildings organized and maintained for the group care and supervision of 13 or more children, but not including hospitals. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)
21.02.225 Church.
“Church” means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and including accessory uses in the main building or in separate buildings or structures, including Sunday school rooms and religious education classrooms, assembly rooms, kitchen, library room or reading room, recreation hall, a one-family dwelling unit and residences on-site for nuns and clergy, but excluding facilities for training of religious orders. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)
21.02.230 Circus.
“Circus” means any institution whose general occupation is that of exhibiting wild animals, feats of horsemanship, animal stunts, and aerobatic or aquatic sports, for admission to which a fee is charged. (Ord. 2020 § 2, 1994; Ord. 1240 § 1, 1982)
21.02.232 City.
“City” means the city of Lynnwood. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)
21.02.235 Clinic.
“Clinic” means a building or portion of a building containing offices for providing medical, dental, psychiatric or chiropractic services for outpatients only, but not including the sale of drugs or medical supplies. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)
21.02.240 Club.
“Club” means an association of persons organized for some common purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)
21.02.245 Commission.
“Commission” means the city planning commission of the city of Lynnwood. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)
21.02.250 Conditional use.
“Conditional use” means a use subject to specified conditions which is permitted in one or more classifications as defined by this title but which use because of characteristics peculiar to it, or because of size, technological processes or type of equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities, requires a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same zone or zones, and to assure that such use shall not be inimical to the public interest. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)
21.02.255 Conditional use permit.
“Conditional use permit” means the documented evidence of authority to locate a conditional use at a particular location. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)
21.02.260 Conforming use.
“Conforming use” means a lawful use of land or structure which conforms to the uses and regulations of the zone in which such is located. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)
21.02.265 Conforming building.
“Conforming building” means a building designed to accommodate uses permitted in the zone in which it is located and conforming to the bulk requirements of the particular zone. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 403, 1964)
21.02.266 Congregate care.
“Congregate care” means housing for the elderly or physically disabled with services provided such as meals, laundry, housekeeping, personal care assistance, and assistance during temporary illness, but not medical care for the chronically ill or infirm. (Ord. 2020 § 2, 1994; Ord. 1447 § 2, 1985)
21.02.267 Convenience store.
“Convenience store” means a small, often franchised market, which has as its principal business the retail sale of food and other household goods with little or no sales of comparison shopping goods. It may be characterized by the relatively small size of the business (usually less than 5,000 square feet of floor area), by the small number of items purchased by each customer, and by rapid customer turnover. A retail grocery is not to be considered as a convenience store. Items sold at a convenience store may include alcoholic beverages for off-site consumption. (Ord. 2020 § 2, 1994; Ord. 1592 § 1, 1987; Ord. 1523 § 4, 1986)
21.02.268 Council, regularly scheduled meeting.
The city council meetings are scheduled for each and every Monday of the year unless otherwise scheduled pursuant to LMC 2.04.020. Official council action shall be taken only at meetings scheduled pursuant to LMC 2.04.010. Council work session meetings are scheduled for the odd-numbered Mondays of each calendar month. The council may request and/or receive reports from the city staff, discuss pending council actions, and initiate notice and scheduling of city public hearings at such work sessions. (Ord. 2020 § 2, 1994; Ord. 1151 § 9, 1980)
21.02.272 Dance, public.
“Public dance” means any dance that is open to the public and which:
A. Is conducted for a profit, direct or indirect; or
B. Requires a monetary payment or contribution from the persons admitted.
The term “public dance” does not include a banquet, party or celebration conducted for invited guests which is not open to the public. (Ord. 2020 § 2, 1994; Ord. 1758 § 1, 1990)
21.02.273 Dance hall, licensed.
“Licensed dance hall” means any place or premises where a public dance is conducted, including but not limited to all parking areas, hallways, bathrooms, and adjoining areas accessible to the public during the dance and which is required to be licensed pursuant to Chapter 5.25 LMC. For the purposes of this title, the term “licensed dance hall” shall not include:
A. Businesses which provide areas for dancing accessory to a restaurant or tavern use. A dance area is accessory to a restaurant or tavern if it is less than 25 percent of the total floor area of the restaurant or tavern; or
B. Commercial recreation businesses (e.g., skate rinks) which occasionally conduct public dances on the premises. (Ord. 2020 § 2, 1994; Ord. 1758 § 1, 1990)
21.02.286 Director of planning.
“Director of planning,” also referred to as the “planning director,” is the head of the planning department, the director’s authorized representative or any representative authorized by the mayor. (Ord. 2020 § 2, 1994; Ord. 1704 § 4, 1989)
21.02.290 Dwelling.
“Dwelling” means any building or any portion thereof, which is not an apartment house or hotel as defined in this title which contains one or more apartments or guest rooms, used, intended, or designed to be built, used, rented, leased, let, or hired out to be occupied, or which are occupied for living purposes. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 404, 1964)
21.02.295 Dwelling, types of.
A. Dwelling, Group. “Group dwelling” means more than two separate buildings, each containing one or more dwelling units.
B. Dwelling, One-Family. “One-family dwelling” means a detached building designed exclusively for occupancy by one family and containing one dwelling unit.
C. Dwelling, Two-Family (Duplex). “Two-family dwelling or duplex” means a building designed exclusively for occupancy by two families living independently of each other, and containing two dwelling units.
D. Dwelling, Multiple. “Multiple dwelling” means a building designed exclusively for occupancy by three or more families living independently of each other, and containing three or more dwelling units.
F. Accessory Dwelling Unit. “Accessory dwelling unit” is defined in LMC 21.02.011 as a second dwelling unit on a premises occupied by a single-family detached dwelling. This unit provides a separate and completely independent dwelling unit with facilities for cooking, eating, sanitation and sleeping. (Ord. 2051 § 2, 1995; Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 404, 1964)
21.02.300 Dwelling unit.
“Dwelling unit” means one or more rooms designed for or occupied by one family for living or sleeping purposes and containing kitchen facilities for use solely by one family. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. (Ord. 2051 § 3, 1995; Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 404, 1964)
21.02.325 Family.
“Family” means an individual or two or more persons related by blood or marriage, or a group of not more than five persons, excluding servants, who need not be related by blood or marriage living together in a dwelling unit as a family unit and who are cooking and living as a single housekeeping unit. For the purposes of this definition, and notwithstanding any other provision of this code, children with familial status within the meaning of Title 42 United States Code, Section 3602(k), and persons with handicaps within the meaning of Title 42 United States Code, Section 3602(h), will not be counted as unrelated persons. (Ord. 2295 § 1, 2000; Ord. 2020 § 2, 1994; Ord. 190 Art. IV, 1964)
21.02.326 Family child care home.
“Family child care home” means a child day-care facility in the family residence of the licensee providing regularly scheduled care for 12 or fewer children including children who reside at the home, within a birth through 11 years of age range, for periods of less than 24 hours. (Ord. 2020 § 2, 1994; Ord. 1844 § 5, 1991)
21.02.327 Fast food eating establishment.
“Fast food eating establishment” means a place which has as its principal business the sale of prepared or quickly prepared food or drink in disposable containers or wrappers, for consumption either on or off the premises, whether or not interior seating facilities are provided. A retail grocery, a delicatessen or other store selling food items primarily for home preparation or home consumption, or a restaurant selling takeout orders; provided, that such sales are not the principal business of such restaurant, are not to be considered as fast food eating establishments. (Ord. 2020 § 2, 1994; Ord. 1140 § 5, 1980)
21.02.330 Fence.
“Fence” means a masonry wall, or a barrier composed of posts connected by boards, rails, panels or wire for the purpose of enclosing space or separating parcels of land. “Fence” does not include retaining walls. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 406, 1964)
21.02.333 Festoon.
“Festoon” means a string of ribbons, tinsel, small flags or other decorations hanging between two or more points. (Ord. 2310 § 26, 2000)
21.02.335 First permitted.
“First permitted” refers to the most restricted zone in which a particular use is indicated as a permissible use. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 406, 1964)
21.02.340 Floor area.
“Floor area” means the area included within surrounding walls of the building (or portion thereof), exclusive of vent shafts and courts. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 406, 1964)
21.02.355 Fraternity, sorority, or group student house.
“Fraternity,” “sorority” or “group student house” means a building occupied by and maintained exclusively for students affiliated with an academic or professional college or university or other recognized institution of higher learning and when regulated by such institution. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 406, 1964)
21.02.357 Frontage, street.
“Street frontage” means the length of the lot line which abuts a public street not including alleys. (Ord. 2020 § 2, 1994; Ord. 1116 § 7, 1980)
21.02.358 Frontage, building.
“Building frontage” means the length of the building facade which contains a primary public entrance or is oriented toward a public street. Entrances not considered primary public entrances include but are not limited to doors, used mainly for loading or delivery, emergency exits or employee entrances. For the purpose of locating and sizing wall signs, the length of business tenant spaces in multi-story buildings oriented toward a public street or located on the same side of the building with a primary public entrance would be considered building frontage. (Ord. 2310 § 27, 2000)
21.02.360 Garage, parking.
“Parking garage” means a structure, or part thereof, used only for the storage of automobiles by the public and including the sale of automobile fuels, lubricants, radiator fluids, and accessories; and the performance of incidental services including tire changing, tube repairing, lubricating and washing. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 407, 1964)
21.02.365 Garage, private.
“Private garage” means an accessory building or an accessory portion of the principal building designed or used for the shelter or storage of vehicles owned or operated by the occupants of the principal building. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 407, 1964)
21.02.375 Gas station.
“Gas station” means any area of land including structures thereon that is used principally for the retail sale of gasoline or other motor vehicle fuel and oil and other substances including any motor vehicle accessories. Gas stations may include self-service or full-service operations. (Ord. 2020 § 2, 1994; Ord. 1671 § 1, 1989; Ord. 190 Art. IV § 407, 1964)
21.02.380 Grade, lot.
“Lot grade” means the average of the finished ground level at the center of all exposed walls of the building. In case walls are parallel to and within five feet of the sidewalk, the above ground level shall be measured at the sidewalk. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 407, 1964)
21.02.382 Green belt.
“Green belt” means a planting of evergreen trees and/or shrubs designed and maintained to prevent a through and unobscured penetration of sight, light, and sound. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 407, 1964)
21.02.384 Gross leaseable area.
“Gross leaseable area” means the area included within surrounding walls of a building or portion thereof, exclusive of vent shafts, courts and stairways. In a regional shopping center, the “gross leaseable area” does not include the pedestrian mall, provided it is not used for the sale, storage or display of merchandise. (Ord. 2020 § 2, 1994; Ord. 930 § 3, 1977)
21.02.385 Hazardous waste.
“Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70.105.010(15), except for moderate risk waste as set forth in RCW 70.105.010(17). (Ord. 2020 § 2, 1994; Ord. 1648 § 1, 1988)
21.02.386 Hazardous waste storage.
“Hazardous waste storage” means the holding of hazardous waste for a temporary period, as regulated by the State Dangerous Waste Regulations, Chapter 173-303 WAC. (Ord. 2020 § 2, 1994; Ord. 1648 § 1, 1988)
21.02.387 Hazardous waste treatment.
“Hazardous waste treatment” means the physical, chemical or biological processing of hazardous waste for the purpose of rendering these wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume, as regulated by the State Dangerous Waste Regulations, Chapter 173-303 WAC. (Ord. 2020 § 2, 1994; Ord. 1648 § 1, 1988)
21.02.388 Heat pump.
“Heat pump” means a mechanical system which in connection with the conventional heating and/or cooling system moves or pumps the heat found in the air to heat and/or cool a building. (Ord. 2020 § 2, 1994; Ord. 1252 § 1, 1982)
21.02.390 Hedge.
“Hedge” means a row of closely planted shrubs or trees forming a boundary or barrier. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 408, 1964)
21.02.395 Height of building.
See “building height.” (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 408, 1964)
21.02.400 Heliport.
“Heliport” means an area used by helicopters or by other steep gradient aircraft which area includes a passenger and cargo facilities, maintenance and overhaul, fueling service, storage space, parking space, hangars and other accessory buildings and open spaces. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 408, 1964)
21.02.405 Helistops.
“Helistops” means an area on a roof or on the ground where helicopters or other steep-gradient aircraft land or hover for the purpose of picking up or dispersing passengers or cargo, but not including fueling service, maintenance or overhaul. (Ord. 2020 § 2, 1994; Ord. 984 § 2, 1978)
21.02.415 Home occupation.
“Home occupation” means the operation from a dwelling of a business which is clearly incidental to the primary use of the dwelling as living quarters and which in no manner compromises the residential character of the neighborhood in which the dwelling is located. (Ord. 2020 § 2, 1994; Ord. 1389 § 1, 1984; Ord. 190 Art. IV § 408, 1964)
21.02.420 Hospital.
“Hospital” means an institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and licensed by state law to provide facilities and services in surgery, obstetrics and general medical practice, as distinguished from treatment of mental and nervous disorders and alcoholics, but not excluding surgical and post-surgical treatment of mental cases. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 408, 1964)
21.02.425 Hospital, mental (including hospitals for treatment of alcoholics).
“Mental hospital” means an institution licensed by state agencies under provisions of law to offer facilities, care and treatment for cases of mental and nervous disorders, and alcoholics. Establishments limiting services to juveniles below the age of five years and establishments housing and caring for cases of cerebral palsy are not considered mental hospitals. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 408, 1964)
21.02.430 Hospital or clinic, small animal.
“Small animal hospital or clinic” means an establishment in which veterinary medical services, clipping, bathing and similar services are rendered to dogs, cats and other small animals and domestic pets, but not including kennels. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 408, 1964)
21.02.435 Hotel.
“Hotel” means a building in which there are six or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite, and in which building may be included one apartment for use of the resident manager, but shall not include jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed or detained under legal restraint. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 408, 1964)
21.02.441 Housing for the elderly and physically disabled.
“Housing for the elderly and physically disabled” means multiple dwelling housing which is designed to provide for the particular needs of those elderly and physically disabled who may have functional limitations due to advanced age or physical impairment but are otherwise in good health. Residents of such housing can maintain an independent or semi-independent lifestyle and do not require more intensive care as provided in a nursing or convalescent home. For the purposes of this definition, elderly shall typically mean 62 years of age or older. Design features may include but are not limited to wide doors and hallways and low counters to accommodate wheel chairs, support bars, specialized bathroom and kitchen fixtures, and common dining, recreation, or lounge areas. The term “housing for the elderly and physically disabled” shall include “congregate care.” This definition shall not be construed to include facilities to house persons under the jurisdiction of the superior court or the Board of Prison Terms and Paroles. (Ord. 2020 § 2, 1994; Ord. 1447 § 3, 1985)
21.02.442 Industrial park.
“Industrial park” means a planned development of one or more buildings which displays unity in architecture and high standards of aesthetic considerations in architecture and in the choice of building materials, landscaping and other external features, and typically is occupied by several tenants, most of which combine their business offices with warehousing and/or light manufacturing (such as fabrication or assembly), the major emphasis of the industrial park being warehousing and distributing. (Ord. 2020 § 2, 1994; Ord. 1036 § 1, 1979)
21.02.450 Junk yard.
“Junk yard” means a place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, bailed, packed, disassembled, or handled. The term “junk yard” shall not be construed to include the above described uses if conducted entirely within an enclosed building; automobile wrecking yards and recycling collection centers; pawn shops and establishments for the sale, purchase, or storage of used furniture and household equipment; used cars in operable condition; used or salvaged machinery in operable condition; or the processing of used, discarded, or salvaged materials as a minor part of manufacturing operations. (Ord. 2020 § 2, 1994; Ord. 1458 § 2, 1985; Ord. 190 Art. IV § 410, 1964)
21.02.455 Kennel.
“Kennel” means a place where four or more adult dogs or cats or any combination thereof are kept, whether by owners of the dogs and cats or by persons providing facilities and care, whether or not for compensation, but not including a small animal hospital or clinic. An adult dog or cat is one of either sex, altered or unaltered, that has reached the age of four months. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 411, 1964)
21.02.465 Livestock.
“Livestock” means horses, bovine animals, sheep, goats, rabbits, swine, reindeer, donkeys, mules, chickens, mink and like animals. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 411, 1964)
21.02.475 Lodging house.
“Lodging house” means a dwelling unit within which not more than five guest rooms are devoted to accommodating not more than 10 persons other than members of the family, but wherein meals for guests shall be neither provided nor permitted. A lodging house containing guest rooms numbering six or more shall be considered a hotel. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 412, 1964)
21.02.480 Lot.
“Lot” means a fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimensions to meet minimum zoning requirements. The term shall include tracts or parcels. (Ord. 2020 § 2, 1994; Ord. 1323 § 2, 1983; Ord. 190 Art. IV § 412, 1964)
21.02.485 Lot area and dimensions.
A. Lot Area. “Lot area” means the total horizontal area within the boundary lines of a lot.
B. Lot Depth. “Lot depth” means the horizontal length of a straight line drawn from the midpoint of the lot front line and at right angles to such line to its intersection with a line parallel to the lot front line and passing through the midpoint of the lot rear line. In the case of a lot having a curved front line, the lot front line, for purposes of this section, shall be deemed to be a line tangent to the curve and parallel to a straight line connecting the points of intersection of the lot lines of the lot with the lot front line.
C. Lot Width. “Lot width” means the horizontal distance between the lot side lines measured at right angles to the line comprising the depth of the lot at a point midway between the lot front line and the lot rear line. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 412, 1964)
21.02.490 Lot coverage.
“Lot coverage” means that portion of a lot occupied by the principal building and its accessory buildings, expressed as a percentage of the total lot area. For the purpose of this definition, the area of the building considered for lot coverage is that area above ground fully enclosed by walls and/or beneath a roof, excluding:
A. Covered or uncovered outside walkways and balconies, providing that in the case of balconies which project more than five feet, the entire area of such balcony is included when computing lot coverage;
B. Open courtyards, eaves and canopies that are attached to the principal building and do not project more than 10 feet (the total area of eaves or canopies projecting more than 10 feet is included when computing lot coverage); and
C. Bay windows, providing the floor area is not increased. This definition applies to this title only and does not affect the definition of lot coverage as defined by the building and fire codes. (Ord. 2020 § 2, 1994; Ord. 1062 § 1, 1979; Ord. 190 Art. IV § 412, 1964)
21.02.495 Lot lines.
A. Lot Front Line. “Lot front line” means, in the case of an interior lot, a line separating the lot from the street. In the case of corner lots or reverse corner lots that property line the prolongation of which creates the front property line for the greatest number of interior lots in the same block shall be considered as the lot front line of such corner or reverse corner lot.
B. Lot Rear Line. “Lot rear line” means a lot line which is opposite and most distant from the lot front line. For the purpose of establishing the lot rear line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply:
1. For a triangular or gore-shaped lot, a line 10 feet in length within the lot and farthest removed from the lot front line and at right angles to the line comprising the depth of such lot shall be used as the lot rear line;
2. In the case of a trapezoidal lot the rear line of which is not parallel to the lot line, the lot rear line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the recorded lot rear line;
3. In the case of a pentagonal lot the rear boundary of which includes an angle formed by two lines, such angles and lines shall be employed for determining the lot rear line as prescribed for a triangular lot; and
4. In no case shall the application of the above be interpreted as permitting a main building to locate closer than five feet to any property line.
C. Lot Side Line. “Lot side line” means any lot boundary line not a lot front line or a lot rear line. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 412, 1964)
21.02.500 Lot types.
A. Corner Lot. The term “corner lot” means a lot situated at the intersection of two or more streets, the street frontages of which form an angle not greater than 128 degrees, and not less than 45 degrees.
B. Interior Lot. “Interior lot” means a lot other than a corner lot or a reverse corner lot.
C. Key Lot. “Key lot” means the first lot to the rear of a reverse corner lot and whether or not separated by an alley.
D. Reverse Corner Lot. “Reverse corner lot” means a corner lot of which the lot side line on the street side is substantially a continuation of the lot front line of the lot upon which the rear of said corner lot abuts.
E. Through Lot. “Through lot” means a lot having frontage on two streets, including a lot at the intersection of two streets when the street sides of such lot form an internal angle of less than 45 degrees. Corner lots and reverse corner lots as defined in this title are not through lots.
F. Transitional Lot. “Transitional lot” means a residentially classified lot a side line of which forms a common boundary with contiguous property classified for either a higher density residential use or commercial or industrial uses. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 412, 1964)
21.02.501 Manufactured home.
“Manufactured home” means a dwelling unit constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes. All manufactured homes shall bear the appropriate insignia by a state or federal regulatory agency indicating compliance with all applicable construction standards of the U.S. Department of Housing and Urban Development for manufactured homes as adopted by the Washington State Department of Labor and Industries or the International Building Code as adopted by the city of Lynnwood. (Ord. 2571 § 1, 2005; Ord. 2295 § 2, 2000; Ord. 2020 § 2, 1994; Ord. 1781 § 1, 1990)
21.02.502 Manufactured home development.
“Manufactured home development” means a site developed as a planned unit development in accordance with Chapter 21.30 LMC exclusively for the permanent placement of manufactured homes. (Ord. 2020 § 2, 1994; Ord. 1781 § 1, 1990)
21.02.503 Mobile home.
“Mobile home” means a transportable dwelling unit manufactured after January 1, 1968, and before June 15, 1976, and bearing an insignia of the Washington State Department of Labor and Industries. All mobile homes without such insignia are nonconforming structures. (Ord. 2020 § 2, 1994; Ord. 1781 § 1, 1990)
21.02.504 Mobile home lot.
Repealed by Ord. 2571. (Ord. 2020 § 2, 1994; Ord. 1781 § 1, 1990)
21.02.505 Mobile home park.
“Mobile home park” means any plot of ground upon which two or more mobile or manufactured homes are lawfully occupied as dwellings, regardless of whether a charge is made for such accommodation. (Ord. 2020 § 2, 1994; Ord. 1782 § 1, 1990)
21.02.507 Marquee.
“Marquee” means a permanent roof structure attached to and cantilevered from a building. (Ord. 2020 § 2, 1994; Ord. 1116 § 7, 1980)
21.02.509 Mini-day-care program.
“Mini-day-care program” means a child day-care facility for the care of 12 or fewer children in a facility other than the family residence of the person or persons under whose direct care and supervision the child is placed. (Ord. 2020 § 2, 1994; Ord. 1844 § 6, 1991)
21.02.510 Motel.
“Motel” means a building or group of buildings on the same lot, containing motel units consisting of individual sleeping quarters, detached or in connected rows with or without cooking facilities, for rental to transients. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 413, 1964)
21.02.512 Motor hotel.
“Motor hotel” means a specialized hotel designed and operated to provide hotel services and accommodations to the motoring public. (Ord. 2020 § 2, 1994; Ord. 285 § 1, 1966)
21.02.513 Municipal services.
“Municipal services” means all municipal administrative services and offices, including municipal police and public safety facilities, fire stations, courts, libraries, museums, art galleries, convention centers, recreational facilities, performing arts facilities, and public parks or playgrounds; municipal services does not include:
A. Municipal shops as defined in LMC 21.02.514;
B. Public utility facilities as defined in LMC 21.02.590; and
C. Private schools, universities, colleges, day nurseries, sewer treatment plants. (Ord. 2020 § 2, 1994; Ord. 1879 § 1, 1992)
21.02.514 Municipal shops.
“Municipal shops” means municipal facilities for maintenance and repair shops, warehouses, and storage yards; municipal shops does not include sewer treatment plants or public utility facilities. (Ord. 2020 § 2, 1994; Ord. 1879 § 2, 1992)
21.02.515 Mural, decorative.
“Decorative mural” means any mural painted or otherwise placed on a building or structure that does not display any commercial messages, logos, or graphics or specific colors identified with a particular business, product or service. (Ord. 2310 § 26, 2000)
21.02.518 Nonconforming building or structure.
“Nonconforming building or structure” means any building, structure, or portion thereof, which was lawfully erected or altered but which, because of the application of this title, no longer conforms to the regulations of the zone in which it is located as defined in this title. (Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 1781 § 1, 1990; Ord. 190 Art. IV § 414, 1964)
21.02.520 Nonconforming use.
“Nonconforming use” means a use which was lawfully established and maintained but which, because of the application of this title to it, no longer conforms to the use regulations of the zone in which it is located as defined by this title. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 414, 1964)
21.02.525 Nursery school.
“Nursery school” means an establishment for preschool children whose parents send them for educational experience, but not for supplemental parental care. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 414, 1964)
21.02.530 Nursing or convalescent home.
“Nursing or convalescent home” means an establishment which provides full time convalescent or chronic care or both for three or more individuals who are not related by blood or marriage to the operator or who, by reason of chronic illness or infirmity, are unable to care for themselves. No care for acutely ill, or surgical or obstetrical services, shall be provided in such homes. A hospital or sanitarium shall not be construed to be included in this definition. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 414, 1964)
21.02.532 Office, on-site service.
“On-site service office” means any business, professional, or government office providing as a substantial function of the business, on-site services which involve personal contact with people who do not work in the office. Examples would include, but not be limited to, residential real estate sales, loan offices, medical offices and employment agencies. (Ord. 2020 § 2, 1994; Ord. 1125 § 2, 1980)
21.02.533 On-site hazardous waste treatment and storage facility.
“On-site hazardous waste treatment and storage facility” means treatment and storage facilities which treat and store hazardous wastes generated on the same property. (Ord. 2020 § 2, 1994; Ord. 1648 § 1, 1988)
21.02.535 Open space, required.
“Required open space” means a portion of the area of a lot or building site, other than required yards, which area is required by this title, as set forth in the different classifications contained herein, to be maintained between buildings, between wings of a building, and between buildings and any portion of a property boundary line not contiguous to a required front or side yard. Such open spaces, as in the case of required yards, are required to be free and clear of buildings and
structures and to remain open and unobstructed from the ground to the sky. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 415, 1964)
21.02.537 Opiate substitution treatment service provider (OSTSP).
“Opiate substitution treatment service provider (OSTSP)” means an OSTSP required to be certified by the state DSHS as an opiate substitution treatment agency or service provider in Chapter 388-805 WAC. (Ord. 2465* § 1, 2003; Ord. 2450 § 1, 2003; Ord. 2429 § 2, 2002)
*Sunset clause: Ordinance 2465 extends Ordinance 2429’s effective date to no later than May 11, 2004.
21.02.540 Outdoor advertising display.
Repealed by Ord. 2310. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 415, 1964)
21.02.545 Outdoor advertising structure.
Repealed by Ord. 2310. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 415, 1964)
21.02.550 Parking area, private.
“Private parking area” means an open area, other than a street, alley or other public property, limited to the parking of automobiles of occupants or employees of a dwelling, hotel, motel, apartment hotel, apartment house, boardinghouse or lodging house to which these facilities are appurtenant. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 416, 1964)
21.02.555 Parking area, public.
“Public parking area” means an open area, other than a street, alley or private parking area as defined herein, whether privately or publicly owned, which area is used for the parking of more than four automobiles. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 416, 1964)
21.02.556 Park and pool lots.
“Park and pool lots” means a public parking area for users of carpools or other recognized ride-sharing programs. They are usually for 50 cars or fewer and usually located within pre-existing parking lots where it has been demonstrated there is an adequate number of available stalls for such a use. They are to augment and to provide in some instances, an interim substitute for the larger, more permanent park-and-ride facilities. (Ord. 2020 § 2, 1994; Ord. 1119 § 1, 1980)
21.02.560 Parking space.
“Parking space” means an area accessible to vehicles, which area is provided, improved, maintained and used for the sole purpose of accommodating a motor vehicle. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 416, 1964)
21.02.563 Parking, tandem.
“Tandem parking” means a parking stall designed to accommodate two vehicles parked end on end. (Ord. 2020 § 2, 1994; Ord. 987 § 1, 1978)
21.02.564 Park trailer.
“Park trailer” means a vehicular unit manufactured in accordance with state requirements for park trailers, and bearing the appropriate insignia of the Washington State Department of Labor and Industries. (Ord. 2020 § 2, 1994; Ord. 1781 § 1, 1990)
21.02.565 Person.
“Person” means and includes an individual, firm, co-partnership, association or corporation, governmental agency, or political subdivision. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 416, 1964)
21.02.566 Personal service shop.
“Personal service shop” means small business establishments, typically less than 2,500 square feet in building area, which provide cosmetic and nonmedical health services for persons (e.g., barber or beauty shops, weight or fitness clinics, sun tan salons, etc.). This term does not include gymnasiums or health clubs over 2,500 square feet in building area. (Ord. 2020 § 2, 1994; Ord. 1685 § 1, 1989)
21.02.567 Pet grooming.
“Pet grooming” means an establishment providing bathing, clipping, and other cosmetic services for pets, and may include accessory retail pet supplies. No overnight boarding or veterinarian services may be rendered. (Ord. 2020 § 2, 1994; Ord. 1529 § 1, 1986)
21.02.570 Pet shop.
“Pet shop” means an establishment dealing in buying and selling such small animals and birds as are customarily or occasionally harbored in domestic establishments as pets, such as fish, dogs, cats, parrots, canaries and other song and decorative birds, monkeys, hamsters, and similar animals, but specifically excluding dangerous animals or dangerous or poisonous or constricting reptiles, unless properly contained, provided no boarding or veterinarian services are rendered excepting bathing and clipping of dogs and cats. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 416, 1964)
21.02.575 Place.
“Place” means an open unoccupied named space, other than a street or alley, at least 20 feet in width, permanently reserved and so recorded in the county records as the principal means of access to abutting or adjacent property. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 416, 1964)
21.02.576 Planned unit development.
“Planned unit development” means a development which meets the provisions of Chapter 21.30 LMC. (Ord. 2020 § 2, 1994; Ord. 1781 § 1, 1990)
21.02.577 Planning commission.
“Planning commission” means that body as defined in Chapter 35A.63 RCW designated by the city council to perform the planning function for the city of Lynnwood. (Ord. 2020 § 2, 1994; Ord. 1323 § 4, 1983)
21.02.578 Premises.
“Premises” means the land occupied by, leased to, or otherwise controlled by a use, all the structures thereon, and all the space therein. Such space may include one or more building sites (either undeveloped or improved land). (Ord. 2020 § 2, 1994; Ord. 1607 § 19, 1987)
21.02.580 Principal use.
“Principal use” means the primary or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 416, 1964)
21.02.585 Professional offices.
“Professional offices” means offices maintained and used as a place of business conducted by persons engaged in the healing arts of human beings, such as doctors and dentists, (but wherein no overnight care for patients is given), and by engineers, attorneys, architects, accountants and other persons providing services utilizing training in and a knowledge of mental disciplines as distinguished from training in occupations requiring skill or manual dexterity or the handling of commodities. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 416, 1964)
21.02.587 Private road.
“Private road” means any right-of-way or road surface not open to general public use, which is retained permanently as a privately owned and maintained road, and created to provide access from a street to a lot or lots. (Ord. 2020 § 2, 1994; Ord. 1323 § 4, 1983)
21.02.589 Public entrance, primary.
“Primary public entrance” means any building entrance with glass store front doors, doors with windows or garage doors for auto related businesses that allows the public to enter the building. Primary public entrances do not include drive-up windows, exit doors, employee-only doors, or doors used mainly for loading and delivery. (Ord. 2310 § 26, 2000)
21.02.590 Public utility facilities.
“Public utility facilities” means facilities for the transmission, distribution, or collection of electric, telephone, wireless communication, telegraph, cable television, natural gas, water and sewer utility services, and the transportation of people. (Ord. 2065 § 4, 1995; Ord. 2020 § 2, 1994; Ord. 1879 § 3, 1992)
21.02.595 Reclassification of property.
“Reclassification of property” means a change in zone boundaries upon the zoning map, which map is part of this title when adopted in the manner prescribed by law. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 418, 1964)
21.02.600 Reclassification of use.
“Reclassification of use” means the assignment, by amendment of this title, of a particular use to a different use classification than that in which the use was originally permitted. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 418, 1964)
21.02.605 Recorded.
“Recorded” means, unless otherwise stated, filed of record with the auditor of Snohomish County. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 418, 1964)
21.02.609 Recreational area, active.
“Active recreational area” means areas which are developed for one or more of the following uses: swimming pools, tennis courts, play fields, tot lots, lawn bowling greens, horseshoe pits, shuffle board, hand ball, and other similar recreational activities which require physical involvement and manual dexterity. (Ord. 2020 § 2, 1994; Ord. 407 § 2, 1968)
21.02.610 Recreational area or community club house, noncommercial.
“Recreational area or community club house, noncommercial” means an area devoted to facilities and equipment for recreational purposes, swimming pools, tennis courts, playgrounds, community club houses and other similar uses maintained and operated by a nonprofit club or organization whose membership is limited to the residents within the area. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 418, 1964)
21.02.612 Recreational vehicle – RV.
“Recreational vehicle” or “RV” means a vehicular type unit primarily designed for recreational camping, travel, or seasonal use which has its own motive power or is mounted on or towed by another vehicle. The basic entities are: travel trailer, folding camping trailer, park trailer, truck camper, motor home, and multi-use vehicles. Recreational vehicle also includes boats, snowmobiles and other recreational equipment on or carried by a trailer. (Ord. 2020 § 2, 1994; Ord. 1781 § 1, 1990)
21.02.615 Recreational area, commercial.
“Commercial recreational area” means an area operated for profit and devoted to facilities and equipment for recreational purposes, including swimming pools, tennis courts, playgrounds and other similar uses whether the use of such area is limited to private membership or whether open to the public upon the payment of a fee. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 418, 1964)
21.02.617 Recycling collection center.
“Recycling collection center” means a principal use of a property, which use consists of bins or other containers for the collection of waste glass, paper, metal, plastic, or other materials which are regularly and frequently removed from the premises for processing into other products. The term “recycling collection center” shall not include the placement by charitable organizations of small bins for the collection of recyclable materials on property where such a use is clearly incidental to the principal use of the property. (Ord. 2020 § 2, 1994; Ord. 1458 § 3, 1985)
21.02.622 Refuse and recycling collection area.
“Refuse and recycling collection area” means a location where garbage and recyclable materials are stored for pick-up and removal by garbage and recycling service providers (haulers). (Ord. 2020 § 2, 1994; Ord. 1911 § 1, 1992)
21.02.624 Research and development.
“Research and development” means a use in which research and experiments leading to the development of new products, services or intellectual property are conducted. As part of this work, prototypes of new products or equipment may be produced and tested on site; however, production of products or equipment for sale or distribution is outside the scope of this definition. (Ord. 2490 § 1, 2004)
21.02.625 Residence.
“Residence” means a building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings, but not including hotels or motel units having no kitchens. The term “residence” includes the term “residential” as referring to the type of or intended use of a building or structure. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 418, 1964)
21.02.627 Respite care.
“Respite care” means the provision of care and supervision during a portion of the day for persons who by reason of advanced age or disability are unable to care for themselves. Respite care shall not be construed to mean the full-time care of such persons. Those currently under the jurisdiction of the superior court or the Board of Prison Terms and Paroles for a violent offense are excluded from such facility. (Ord. 2020 § 2, 1994; Ord. 1426 § 1, 1984)
21.02.640 Sanitarium.
“Sanitarium” means a health station or retreat or other place where resident patients are kept, and which specializes in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and licensed by state agencies under provisions of law to provide facilities and services in surgery, obstetrics and general medical practice as distinguished from treatment of mental and nervous disorders and alcoholics, but not excluding surgical and post-surgical treatment of mental cases. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 419, 1964)
21.02.645 Schools, elementary, junior high and high.
“School” means, unless further qualified, elementary, junior high and high. The terms “elementary schools,” “junior high schools” and high schools” mean institutions of learning offering instruction in the several branches of learning and study required by the education code of the state of Washington to be taught in the public and parochial (or private) schools. (Ord. 2020 § 2, 1994; Ord. 742 § 1, 1974; Ord. 190 Art. IV § 419, 1964)
21.02.650 Screening.
“Screening” means a continuous fence, supplemented with landscape planting or a continuous wall, evergreen hedge or combination thereof, that would effectively screen a property which it encloses and is broken only for access drives and walks. See also LMC 21.10.100. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 419, 1964)
21.02.655 Secondhand stores.
“Secondhand stores” means retail establishments in which the principal portion of the articles, commodities or merchandise handled, offered for sale, or sold on the premises are not new. Secondhand stores shall not be considered as including antique stores or pawnshops. (Ord. 2020 § 2, 1994; Ord. 190 Art. IV § 419, 1964)
21.02.657 Secure community transition facility (SCTF).
“Secure community transition facility (SCTF)” means a residential facility, as defined in Chapter 71.09 RCW, for the housing of civilly committed and conditionally released sexually violent predators. (Ord. 2460 § 2, 2003)
21.02.660 Service station, full.
“Full-service station” means a business that provides for the sale of gasoline, diesel or other fuels used for the propulsion of motor vehicles, when such products are delivered directly into the fuel tanks of motor vehicles.
The following may also be allowed as provided:
A. The servicing of motor vehicles and operations incidental thereto, the retail sale of fuels, petroleum products and automotive accessories; automobile washing by hand; waxing and polishing of automobiles; tire changing and repairing, excluding recapping; battery service, charging and replacement, excluding repair and rebuilding;
B. The following services if performed within a building: radiator cleaning and flushing, excluding steam cleaning and repair; installation of accessories; lubrication of motor vehicles; brake servicing limited to servicing and replacement of brake cylinders, lines and brake shoes; wheel balancing; the inspection, testing, adjustment and replacement or servicing of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water and fuel pumps, water hoses and wiring, mufflers and tailpipes, and pollution control equipment and devices. (Ord. 2020 § 2, 1994; Ord. 1671 § 2, 1989; Ord. 1175 § 1, 1981; Ord. 190 Art. IV § 419, 1964)
21.02.661 Service station, self.
“Self-service station” means a “full-service station” as defined in LMC 21.02.660 at which one or more of the fuel dispensing pumps is designated for operation by the retail consumer. (Ord. 2020 § 2, 1994; Ord. 1671 § 3, 1989; Ord. 1175 § 3, 1981)
21.02.663 Setback, building.
Building Setback. See “Building line.” (Ord. 2020 § 2, 1994; Ord. 989 § 2, 1978)
21.02.664 Shopping center.
“Shopping center” means a multiple business site with at least six retail goods and service establishments and consisting of at least 50,000 square feet of building area and/or one or more supermarkets, variety or department stores. (Ord. 2020 § 2, 1994; Ord. 1214 § 1, 1981)
21.02.665 Sign.
“Sign” means any structure, device, object or display used to identify, advertise, direct or attract attention to a business, product, service, activity, place, person, institution or event using words, figures, graphics, symbols, fixtures, colors, illumination or projected images, for example, balloons with or without letters or pictorial figures on them. (Ord. 2310 § 27, 2000)
21.02.667 Sign, awning.
“Awning sign” means any business sign erected upon or against a nonrigid awning. An awning sign is not a wall sign. (Ord. 2310 § 27, 2000)
21.02.670 Sign, banner.
“Banner sign” means any business or commercial message, or commercial logo or graphic displayed on a nonrigid material that is held in place at both ends. (Ord. 2310 § 26, 2000)
21.02.672 Sign, business.
“Business sign” means any sign, structure or device that identifies or advertises the premises on which the sign is located, or the occupant of said premises, or goods or services manufactured, produced or available on the premises where such sign is located. Residential signs are not considered business signs. (Ord. 2310 § 27, 2000)
21.02.674 Sign, construction.
“Construction sign” means a temporary sign identifying a construction project, architects, engineers, contractors, subcontractors, lenders or other persons or businesses directly participating in construction on the property where the sign is located. (Ord. 2310 § 26, 2000)
21.02.676 Sign, electronic changing message.
“Electronic changing message sign” means a sign whose alphabetic, graphic or symbolic information can be changed or altered electronically. (Ord. 2310 § 26, 2000)
21.02.678 Sign face.
“Sign face” means the area of a sign on which graphics, letters, figures, symbols, logos or letters are placed. (Ord. 2310 § 26, 2000)
21.02.680 Sign, freestanding.
“Freestanding sign” means a sign supported by vertical elements permanently placed in the ground and not attached to any building or structure. (Ord. 2310 § 27, 2000)
21.02.682 Sign, ground.
“Ground sign” means a freestanding sign which is not more than 3.5 feet in height and permanently placed in the ground. (Ord. 2310 § 27, 2000)
21.02.685 Sign, incidental.
“Incidental sign” means a small non-internally illuminated sign (no more than four square feet in area per side) displaying only directions, instructions or similar information and intended to be visible or read from a public right-of-way; for example, entrance and towing signs. (Ord. 2693 § 2, 2007; Ord. 2310 § 26, 2000)
21.02.687 Sign, individual letter.
“Individual letter sign” means a sign composed of individual letters, numbers and/or graphic elements either back lit or internally or externally illuminated that are attached directly to a building wall and are not joined together by any part of the display surface of the sign. The individual letters, numbers or graphic elements may be joined together by a narrow structural support of a color that matches the background material. (Ord. 2310 § 26, 2000)
21.02.689 Sign, institution identification.
“Institution identification sign” means a permanent sign used to identify a particular institution such as a school or church. (Ord. 2310 § 26, 2000)
21.02.690 Sign, internal information.
“Internal information sign” means a freestanding or wall sign that identifies individual businesses in a multi-tenant business site that is oriented internally for use by the public after entering the business site. Such signs may also be used to display menu items, prices or other information. (Ord. 2310 § 26, 2000)
21.02.692 Sign, nonconforming.
“Nonconforming sign” means a sign erected legally, but does not comply with current or subsequently adopted sign and zoning regulations and standards. (Ord. 2310 § 26, 2000)
21.02.694 Sign, marquee.
“Marquee sign” means a sign placed on, constructed in or attached to a marquee. (Ord. 2310 § 27, 2000)
21.02.695 Sign, monument.
“Monument sign” means any permanent freestanding sign that is higher than 3.5 feet, at least 10 feet and no more than 35 feet from the street right-of-way and is supported by a base that is at least three feet wide or 50 percent of length of the sign face, whichever is greater. (Ord. 2310 § 26, 2000)
21.02.697 Sign, mural.
“Mural sign” means any mural painted or otherwise placed on a building or structure that includes any commercial message, logo, any graphics or color specifically identified with a particular business, product or service. (Ord. 2310 § 26, 2000)
21.02.698 Sign, off-premises.
“Off-premises sign” means any sign that identifies or advertises any business, product, person, service, commercial activity, or rental, lease or sale of property that does not occur or take place on the property where the sign is located. This definition is not intended to distinguish between commercial and noncommercial messages. (Ord. 2310 § 26, 2000)
21.02.700 Sign, on-premises.
“On-premises sign” means any sign that identifies or advertises any business, product, person, service, commercial activity, or rental, lease or sale of property that occurs or takes place at the site where the sign is located and advertises or displays information incidental to a lawful use of the site where the sign is located. (Ord. 2310 § 26, 2000)
21.02.702 Sign, pole.
“Pole sign” means any permanent freestanding sign which does not meet the definition of a ground sign, monument sign, internal information sign or incidental sign. (Ord. 2310 § 27, 2000)
21.02.704 Sign, political.
“Political sign” means a temporary sign that identifies or advertises a candidate(s) for public elective office, a political party or promotes a position on a public or ballot issue in connection with a local, regional, state or national election or referendum or displays any political message. (Ord. 2310 § 26, 2000)
21.02.705 Sign, portable.
“Portable sign” means a sign designed to be moved easily and not fastened to a building, structure, fence or utility pole. This definition does not include signs attached to vehicles, bicycles or trailers. (Ord. 2310 § 26, 2000)
21.02.707 Sign, projecting.
“Projecting sign” means a sign other than a wall sign which projects from and is supported by a wall of a building or structure. (Ord. 2310 § 27, 2000)
21.02.708 Sign, readerboard.
“Readerboard sign” means a sign designed to be moved easily and has a display surface designed to allow letters, messages or graphics to be easily changed manually or electronically. (Ord. 2310 § 26, 2000)
21.02.710 Sign, real estate.
“Real estate sign” means a temporary sign identifying or advertising residential and nonresidential real estate for rent, lease or sale. (Ord. 2310 § 26, 2000)
21.02.711 Sign, real estate open house or directional.
“Real estate open house or directional sign” means a portable sign used to invite and provide directions to the public to visit a particular property for rent, lease or sale. (Ord. 2310 § 26, 2000)
21.02.713 Sign, residential development identification.
“Residential development identification sign” means a permanent sign used to identify a residential development such as a particular subdivision or apartment complex. (Ord. 2310 § 26, 2000)
21.02.715 Sign, roof.
“Roof sign” means a business sign erected upon or above a roof or a parapet of a building. (Ord. 2310 § 27, 2000)
21.02.716 Sign, sale of household goods.
“Household goods sale sign” means a temporary sign advertising the noncommercial sale of items common to a household, for example yard and garage sale signs. (Ord. 2310 § 26, 2000)
21.02.718 Sign, wall.
“Wall sign” means any business sign painted on, or attached directly to and supported by a wall of a building or structure with the exposed face of the sign generally parallel to the wall. (Ord. 2310 § 27, 2000)
21.02.720 Sign area.
“Sign area” means the maximum visible display surface of the sign which may be viewed at one time, including those areas enclosed or substantially enclosed by the display. Only one side of a sign with display surface on both sides is counted as sign area; however, both sides of a “V” type sign with display surface are counted as sign area. Sign support structures, frames and graphic design elements not part of the display surface shall not be included in the calculation of sign area. Any graphic or lighting device such as neon tubing used to accent or highlight the sign display surface, support structure, frame or lettering shall be included in the calculation of sign area. See Figure 1 of Chapter 21.16 LMC for examples and explanation of how sign area is calculated. (Ord. 2310 § 27, 2000)
21.02.722 Solar collector.
“Solar collector” means a device for capturing solar energy. It may be attached or detached to the building to which it is supplying energy and includes the mounting for the device. (Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 1252 § 1, 1982)
21.02.723 Solar energy system.
“Solar energy system” means any device or combination of devices or elements which rely on direct sunlight as an energy source, including but not limited to any substance or device which collects, stores, or distributes solar energy for use in the heating or cooling of a structure or building, the heating or pumping of water, and the generation of electricity. (Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 1252 § 1, 1982)
21.02.725 Solar greenhouse, attached.
“Attached solar greenhouse” means a type of attached sunspace where food is produced and/or plants are grown for personal use. (Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 1252 § 1, 1982)
21.02.726 Solar sunspace, attached.
“Attached solar sunspace” means a glazed extension to a building which acts as a solar energy collection device. Through direct radiation, natural convection or mechanical means, the energy is conveyed to a heat storage medium and reduces the building’s consumption of conventional energy. (Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 1252 § 1, 1982)
21.02.728 Specialty retail center.
“Specialty retail center” means a multiple business site with at least six specialty retail goods or service establishments, furniture, hardware or appliance shops. Sites containing 50,000 square feet or more of building area and/or supermarkets, variety or department stores are not considered specialty retail centers. (Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 1214 § 2, 1981)
21.02.730 Specified sexual activities.
“Specified sexual activities” means:
A. Human genitals in a state of sexual stimulation or arousal;
B. Acts of human masturbation, sexual intercourse, sodomy, oral copulation or bestiality;
C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast, whether clothed or unclothed, of oneself or of one person by another;
D. Excretory functions as part of or in connection with any of the activities set forth in this subsection. (Ord. 2315 § 3, 2000; Ord. 2310 § 28, 2000; Ord. 2020 § 2, 1994; Ord. 1247 § 7(B), 1982)
21.02.731 Specified anatomical areas.
“Specified anatomical areas” means:
A. Less than completely and opaquely covered human genitals, anus, pubic region, buttock, or female breast below a point immediately above the top of the areola; or
B. Human male genitals in a discernibly turgid state, even if completely or opaquely covered. (Ord. 2315 § 4, 2000; Ord.