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Title 17
ZONING1Chapters:
17.04 General Provisions
17.08 Definitions
17.12 Districts Generally
17.14 Table of Uses
17.15 Table of Bulk and Dimensional Regulations
17.20 Residential (RS) District
17.22 Residential Moderate Density (RMD) District
17.24 Residential Multifamily (RM) District
17.28 Business (B) District
17.30 Mixed Use Town Center (MX) District
17.32 Community Facilities (CF) District
17.36 Light Manufacturing (M-1) District
17.38 Planned Development (PD) District
17.41 Open Space (OS) District
17.42 Special Uses
17.44 General Use Regulations
17.48 Off-Street Parking and Loading
17.50 Sign Code
17.52 Nonconforming Buildings and Uses
17.56 Temporary Uses
17.58 Wireless Communication Facilities
17.60 Mobile Home Parks
17.61 Land Use Permit Procedures
17.62 Site Plan Approval
17.64 Conditional Use Permits
17.65 Variances
17.66 Appeals of Administrative Decisions
17.67 Comprehensive Plan Amendments
17.68 Amendments
17.72 Hearings, Notices and Fees
17.76 Administration and Enforcement
17.78 Notices and Orders to Correct and/or Abate
17.79 Suspension and Revocation of Permits
17.80 Newly Annexed Property
Chapter 17.04
GENERAL PROVISIONSSections:
17.04.010 Short title.
17.04.020 Purpose.
17.04.010 Short title.
This title shall be known as the city zoning code. (Ord. 1405 § 2, 1999).
17.04.020 Purpose.
The purpose of this zoning code is to promote and to protect the public health, safety, and general welfare of the people of Milton. (Ord. 1405 § 2, 1999).
Chapter 17.08
DEFINITIONSSections:
17.08.010 Rules of construction.
17.08.020 Definitions generally.
17.08.021 Accessory apartment.
17.08.030 Accessory building or use.
17.08.032 Addition.
17.08.033 Adult day care facility.
17.08.034 Adult entertainment business.
17.08.035 Adult family home.
17.08.036 Adult retirement community.
17.08.038 Adverse impact.
17.08.040 Alley.
17.08.050 Amendment, text.
17.08.051 Amendment, map.
17.08.054 Animal hospital.
17.08.060 Apartment.
17.08.062 Approved plan.
17.08.063 Assisted living facility.
17.08.064 Auction house.
17.08.065 Authorized use.
17.08.066 Automobile service station.
17.08.067 Automobile wash.
17.08.068 Automobile, repair.
17.08.069 Automobile, sales.
17.08.072 Ballfield.
17.08.076 Bed and breakfast.
17.08.084 Buffer strip.
17.08.088 Building.
17.08.090 Building height.
17.08.100 Building, principal.
17.08.110 Building site.
17.08.112 Building width.
17.08.120 Bulk.
17.08.130 Business and commerce.
17.08.135 Buy-back recycling center.
17.08.137 Cargo storage containers.
17.08.140 Carport.
17.08.141 Cemetery.
17.08.142 Change of use.
17.08.144 Child care center, family.
17.08.146 Child care center, commercial.
17.08.150 Church.
17.08.160 Club or lodge, private.
17.08.165 Commercial recreation.
17.08.170 Commission.
17.08.171 Composting.
17.08.171A Composting facility.
17.08.172 Comprehensive plan.
17.08.180 Conditional use.
17.08.190 Conditional use permit.
17.08.200 Conforming building or structure.
17.08.210 Conforming lot.
17.08.220 Conforming use.
17.08.225 Contractor yard.
17.08.230 Council.
17.08.234 Convenience store.
17.08.242 Density, gross.
17.08.244 Density, net.
17.08.250 Dwelling.
17.08.260 Dwelling, multifamily.
17.08.270 Dwelling, single-family.
17.08.280 Dwelling, two-family.
17.08.290 Dwelling unit.
17.08.291 Electric transmission substation.
17.08.295 Espresso stand.
17.08.300 Establishment, business or commercial.
17.08.305 Facility or facilities.
17.08.307 Family.
17.08.310 Fence.
17.08.315 Flea market.
17.08.320 Floor area.
17.08.330 Floor area ratio (FAR).
17.08.331 Freight terminal, truck.
17.08.332 Fuel storage tank, above ground.
17.08.333 Fuel storage tank, underground.
17.08.340 Garage, private.
17.08.350 Garage, public.
17.08.352 Garage, repair.
17.08.356 Golf and athletic facility.
17.08.360 Grade, lot.
17.08.362 Greenhouses, private and noncommercial.
17.08.364 Grocery store.
17.08.366 Group home.
17.08.370 Guest, permanent.
17.08.372 Hardware store.
17.08.374 Health club.
17.08.376 Heliport.
17.08.380 Home occupation.
17.08.385 Horticultural nursery, wholesale and retail.
17.08.390 Hospital.
17.08.400 Hotel.
17.08.404 Impervious surface.
17.08.406 Industry, light.
17.08.408 Inn.
17.08.425 Land use administrator.
17.08.427 Landfill.
17.08.440 Livestock.
17.08.450 Lot.
17.08.460 Lot, corner.
17.08.464 Lot coverage.
17.08.470 Lot depth.
17.08.480 Lot, interior.
17.08.488 Lot line.
17.08.490 Lot line, front.
17.08.500 Lot line, rear.
17.08.510 Lot line, side.
17.08.514 Lot, nonconforming.
17.08.520 Lot of record.
17.08.524 Lot, substandard.
17.08.530 Lot, through.
17.08.540 Lot width.
17.08.542 Lot width, corner.
17.08.550 Lot, zoning.
17.08.552 Lumber yard.
17.08.554 Manufactured housing.
17.08.560 Medical-dental clinic.
17.08.580 Mobile home lot.
17.08.590 Mobile home park.
17.08.600 Mobile home park thoroughfare.
17.08.601 Mortuary.
17.08.610 Motel.
17.08.611 Motor vehicle impound yard in enclosed building.
17.08.615 Nonautomotive, motor vehicle and related equipment sales, rental, repair and service.
17.08.620 Nonconforming building or structure.
17.08.622 Nonconforming use.
17.08.636 Open space.
17.08.638 Open space, common.
17.08.640 Outdoor advertising display.
17.08.644 Outdoor storage.
17.08.650 Parking area, private.
17.08.660 Parking area, public.
17.08.670 Pasture.
17.08.675 Permitted uses.
17.08.680 Person.
17.08.682 Personal services.
17.08.690 Pet shop.
17.08.694 Planning commission.
17.08.695 Plumbing supply yard.
17.08.696 Post office, branch or contract station.
17.08.698 Post office, distribution center or terminal.
17.08.699 Printing establishment.
17.08.700 Professional offices.
17.08.703 Public park.
17.08.710 Public utility.
17.08.711 Public utility facility.
17.08.711A Public utility service yard.
17.08.711B Recreational use, commercial, including a tennis club and similar activities.
17.08.711C Recreational center privately operated.
17.08.712 Recyclable materials.
17.08.713 Recycling collection point.
17.08.714 Recycling processing center.
17.08.720 Residence.
17.08.730 Rest home or nursing home.
17.08.734 Restaurant.
17.08.736 Restaurant, drive-through.
17.08.738 Retail sales.
17.08.740 Retaining wall.
17.08.745 Rodeo.
17.08.750 Roof.
17.08.751 Sanitarium.
17.08.752 School, elementary.
17.08.753 School, private.
17.08.754 School, secondary.
17.08.756 Self-service storage facility.
17.08.760 Service station.
17.08.764 Setback line.
17.08.766 Sewage treatment plant.
17.08.770 Sign.
17.08.780 Sign, advertising.
17.08.785 Sign, attached.
17.08.790 Sign, business.
17.08.794 Sign, freestanding.
17.08.796 Similar use.
17.08.798 Site plan.
17.08.800 Solid waste.
17.08.801 Special use.
17.08.802 Sports arena.
17.08.805 Stable, private arena.
17.08.807 Stadium.
17.08.810 Street.
17.08.820 Structural alteration.
17.08.830 Structure.
17.08.831 Studio.
17.08.832 Substantial change in use.
17.08.832A Surface mining.
17.08.833 Swimming pool, commercial.
17.08.834 Tavern.
17.08.836 Theater, enclosed.
17.08.840 Trailer, vehicle.
17.08.842 Transfer station solid waste facility.
17.08.845 Transit facility, bus barn, park-and-ride lot, transit station.
17.08.860 Use.
17.08.880 Use, principal.
17.08.890 Variance.
17.08.891 Vehicle, motor.
17.08.892 Vehicle, off-road.
17.08.893 Vehicle sales.
17.08.895 Vehicle repair.
17.08.896 Vehicle wash.
17.08.898 Vocational school.
17.08.899 Warehouse.
17.08.900 Yard.
17.08.910 Yard, front.
17.08.920 Yard, rear.
17.08.930 Yard, side.
17.08.935 Yard waste.
17.08.936 Yard waste composting.
17.08.940 Zone.
17.08.950 Zoning administrator.
17.08.010 Rules of construction.
In the construction of this zoning code the following rules shall be observed and applied, except when the context clearly indicates otherwise:
A. The present tense includes the future, and words used in the singular include the plural, and the plural the singular.
B. The word “shall” is mandatory and not discretionary.
C. The word “may” is permissive.
D. The word “lot” includes the words “piece” and “parcel”; the word “building” includes all other structures of every kind regardless of similarity to buildings; and the phrase “used for” includes the phrases “arranged for”, “designed for”, “intended for”, “maintained for” and “occupied for”. (Ord. 1405 § 2, 1999).
17.08.020 Definitions generally.
In the construction of this zoning code the definitions contained in this chapter shall be observed and applied, except when the context clearly indicates otherwise. (Ord. 1405 § 2, 1999).
17.08.021 Accessory apartment.
“Accessory apartment” means a dwelling unit that has been added onto, or created within, a single-family house where the owner occupies the principal dwelling. Such dwelling unit shall contain not more than one bedroom, and its floor area shall not exceed 60 percent of the floor area of the principal dwelling. (Ord. 1405 § 2, 1999).
17.08.030 Accessory building or use.
“Accessory building or use” means one which:
A. Is subordinated to and serves a principal building or principal use; and
B. Is subordinate in area, extent or purpose to the principal building and principal use served; and
C. Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and
D. Is located on the same zoning lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served. (Ord. 1405 § 2, 1999).
17.08.032 Addition.
“Addition” means:
A. A structure added to the original structure at some time after the completion of the original;
B. An extension or increase in floor area or height of a structure. (Ord. 1405 § 2, 1999).
17.08.033 Adult day care facility.
“Adult day care facility” means an establishment providing for regularly scheduled care and supervision of adults whose age or medical condition warrants such care, and where such care is provided for periods of less than 24 hours. (Ord. 1405 § 2, 1999).
17.08.034 Adult entertainment business.
For the purposes of this title “adult entertainment business(es)” refers to those businesses defined at MMC 5.44.010(A) and (B). (Ord. 1405 § 2, 1999).
17.08.035 Adult family home.
“Adult family home” means a private home to care for up to six residents that is licensed by the Department of Social and Health Services. Licensed providers provide care to functionally disabled adults and the frail elderly. Services provided in an adult family home include room, board, laundry, any required supervision, personal care, and social services. Minimal nursing supervision may be provided in homes operated by a licensed nurse. (Ord. 1405 § 2, 1999).
17.08.036 Adult retirement community.
“Adult retirement community” means a residential development for persons who are at least 55 years of age. Such development may include the following as accessory uses:
A. Social and recreation activities;
B. Communal meal service;
C. Limited health care facilities;
D. Transportation facilities; and
E. Personal services. (Ord. 1405 § 2, 1999).
17.08.038 Adverse impact.
“Adverse impact” means a condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for development or on off-tract property or facilities. (Ord. 1405 § 2, 1999).
17.08.040 Alley.
“Alley” means a public right-of-way which affords a secondary means of access to abutting property, and not intended for general traffic circulation. (Ord. 1405 § 2, 1999).
17.08.050 Amendment, text.
“Text amendment” means a change in the wording, context or substance of this code. (Ord. 1405 § 2, 1999).
17.08.051 Amendment, map.
“Map amendment” means a change in the zone boundaries upon the zoning map. (Ord. 1405 § 2, 1999).
17.08.054 Animal hospital.
“Animal hospital” means a place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use. (Ord. 1405 § 2, 1999).
17.08.060 Apartment.
“Apartment” means one or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a building containing three or more dwelling units. (Ord. 1405 § 2, 1999).
17.08.062 Approved plan.
“Approved plan” means a plan that has been granted final approval by the appropriate approving authority. (Ord. 1405 § 2, 1999).
17.08.063 Assisted living facility.
“Assisted living facility” means an institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the governing authority or its members by marriage, blood, or adoption. (Ord. 1405 § 2, 1999).
17.08.064 Auction house.
“Auction house” means a place where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other. (Ord. 1405 § 2, 1999).
17.08.065 Authorized use.
“Authorized use” means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district. (Ord. 1405 § 2, 1999).
17.08.066 Automobile service station.
“Automobile service station” means a facility primarily providing automotive repair and the dispensing of gas and oil directly into vehicles. Car washes are sometimes accessory uses. (Ord. 1405 § 2, 1999).
17.08.067 Automobile wash.
“Automobile wash” means an establishment concerned primarily with providing facilities for cleaning vehicles, either by staff or by the customer using self-service facilities. (Ord. 1405 § 2, 1999).
17.08.068 Automobile, repair.
“Automobile, repair” means a facility primarily engaged in automotive repair and detailing, including the sale and installation of lubricants, tires, batteries, mufflers and similar accessories. (Ord. 1405 § 2, 1999).
17.08.069 Automobile, sales.
“Automobile, sales” means an establishment that provides for the retail selling or leasing of new or used automobiles. (Ord. 1405 § 2, 1999).
17.08.072 Ballfield.
“Ballfield” means an open space for sports events for assemblages of less than 500 spectators. (Ord. 1405 § 2, 1999).
17.08.076 Bed and breakfast.
“Bed and breakfast” means overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation, located in a building in which the owners reside on the premises. Bed and breakfast facilities shall contain not more than six guest rooms. (Ord. 1405 § 2, 1999).
17.08.084 Buffer strip.
“Buffer strip” means open spaces, landscaped areas, fences, walls, berms, or any combination thereof used to physically separate or screen one use or property from another so as to visually shield or block noise, lights, or other nuisances. (Ord. 1405 § 2, 1999).
17.08.088 Building.
“Building” means any structure having a roof supported by columns or walls, and intended for the shelter, housing or enclosure of any person, animal, process, equipment, goods, or materials of any kind. (Ord. 1405 § 2, 1999).
17.08.090 Building height.
“Building height” means the vertical distance from the curb level, or its equivalent, opposite the center of the front of the building to the highest point of the underside of the ceiling begins in the case of a flat roof; to the deck side of a mansard roof; and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip, or gambrel roof. Where no curb level has been established the height of a building may be measured from the mean elevation of the finished lot grade at the front of the building. (Ord. 1405 § 2, 1999).
17.08.100 Building, principal.
“Principal building” means the building or 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, each such building or other structure shall be construed as comprising a principal building. (Ord. 1405 § 2, 1999).
17.08.110 Building site.
“Building site” means the ground area devoted to a main building and its accessory buildings, or to a group of main buildings and their accessory buildings, together with all yards and open spaces required by this code. (Ord. 1405 § 2, 1999).
17.08.112 Building width.
“Building width” means the shorter of the horizontal measures of the smallest rectangle that can be scribed around a building, excluding eaves, overhangs, chimneys, bays, and areas not fully enclosed. (Ord. 1405 § 2, 1999).
17.08.120 Bulk.
“Bulk” means the term used to indicate the size and setbacks of buildings or structures and their location with respect to one another. (Ord. 1405 § 2, 1999).
17.08.130 Business and commerce.
“Business and commerce” means the purchase, sale or other transaction involving the handling or a disposition of any article, service, substance or commodity for livelihood or profit, or the management of office buildings, offices, recreational or amusement enterprises; or the maintenance and use of buildings, offices, structures and of premises by professions and trades rendering services. (Ord. 1405 § 2, 1999).
17.08.135 Buy-back recycling center.
“Buy-back recycling center” means any small scale business without industrial activity which collects, receives, or buys recyclable materials from household, commercial, or industrial sources for the purpose of sorting, grading, or packaging recyclables for subsequent shipment and marketing. (Ord. 1405 § 2, 1999).
17.08.137 Cargo storage containers.
A standardized, reusable vessel which was:
A. Originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and/or
B. Designed for or capable of being mounted or moved on a rail car; and/or
C. Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship. (Ord. 1578 § 1, 2003).
17.08.140 Carport.
“Carport” means a roofed structure providing space for the parking of motor vehicles and enclosed on not more than two sides. (Ord. 1661 § 1, 2006; Ord. 1405 § 2, 1999).
17.08.141 Cemetery.
“Cemetery” means property used for interring the dead. (Ord. 1405 § 2, 1999).
17.08.142 Change of use.
“Change of use” means any use which substantially differs from the previous use of a building or premises. A substantially different use is one which is not included in the group
number classification of the previous use, as set forth in the most recent edition of the Standard Industrial Classification Manual. (Ord. 1405 § 2, 1999).
17.08.144 Child care center, family.
“Family child care center” means an establishment providing for regularly scheduled care, supervision and protection of not more than for periods less than 24 hours in a dwelling where such care and supervision is provided by a resident of the dwelling, and where no nonresident is regularly employed. Such establishment shall be subject to licensing and regulation requirements pursuant to Chapter 388-150 WAC. (Ord. 1405 § 2, 1999).
17.08.146 Child care center, commercial.
“Commercial child care center” means an establishment providing for regularly scheduled care, supervision and protection of children for periods less than 24 hours. Such establishment shall be subject to licensing and regulation requirements pursuant to Chapter 388-155 WAC. (Ord. 1405 § 2, 1999).
17.08.150 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 the accessory uses in the main building or in separate buildings or structures including religious educational classrooms, assembly rooms, kitchens, libraries or reading rooms, recreation halls, and one-family dwelling units, but excluding facilities for residence of or training for religious orders. (Ord. 1405 § 2, 1999).
17.08.160 Club or lodge, private.
“Private club or lodge” means a nonprofit association of persons who are bona fide members paying annual dues, which owns, hires or leases a building, or portion thereof, the use of such premises being restricted to members or their guests. (Ord. 1405 § 2, 1999).
17.08.165 Commercial recreation.
“Commercial recreation” means a recreation facility operating as a business and open to the public for a fee. (Ord. 1405 § 2, 1999).
17.08.170 Commission.
“Commission” means the city of Milton planning commission. (Ord. 1405 § 2, 1999).
17.08.171 Composting.
“Composting” means controlled aerobic degradation of organic solid waste, other than sewage sludge, for uses as a soil conditioner. The presence of anaerobic zones within the composting material will not cause the process to be classified as other than composting. Natural decay of organic solid waste under uncontrolled conditions is not composting. (Ord. 1405 § 2, 1999).
17.08.171A Composting facility.
“Composting facility” means an establishment that uses compost organic material to produce a useful, marketable product. Generally it is a solid waste facility specializing in the composting of one or more organics of a known and consistent composition, other than mixed municipal waste, to produce a marketable product for reuse or as a soil conditioner. Feedstocks may include, but are not limited to, yard waste, biosolids, or food waste. (Ord. 1405 § 2, 1999).
17.08.172 Comprehensive plan.
“Comprehensive plan” means the comprehensive plan adopted by the city council for the city of Milton. (Ord. 1405 § 2, 1999).
17.08.180 Conditional use.
“Conditional use” means a use permitted in one or more zones as defined by this code but which, because of characteristics peculiar to each such use, or because of size, technological processes or equipment, or because of the location with reference to surroundings, streets, and existing improvements or demands upon public facilities requires a special degree of control to make such use consistent with and compatible to other existing or permissible uses in the same zone or zones. (Ord. 1405 § 2, 1999).
17.08.190 Conditional use permit.
“Conditional use permit” means the documented evidence of authority granted by the hearing examiner to locate a conditional use at a particular location. Unless otherwise restricted by the terms and conditions at issuance of the conditional use permit, said permit shall run with the land as a overlay zoning district. (Ord. 1405 § 2, 1999).
17.08.200 Conforming building or structure.
“Conforming building or structure” means any building or structure that complies with all regulations of this code governing bulk for the zoning district in which it is located. (Ord. 1405 § 2, 1999).
17.08.210 Conforming lot.
“Conforming lot” means a lot that contains the required width, depth and square footage as specified in the zoning district in which the lot is situated. (Ord. 1405 § 2, 1999).
17.08.220 Conforming use.
“Conforming use” means a use that is listed as an authorized or conditional use in the zoning district in which the use is situated. (Ord. 1405 § 2, 1999).
17.08.225 Contractor yard.
“Contractor yard” means an area for construction or contracting business offices and the interior or outdoor storage, repair, or maintenance of heavy equipment, vehicles, and construction supplies and materials. (Ord. 1405 § 2, 1999).
17.08.230 Council.
“Council” means the Milton city council. (Ord. 1405 § 2, 1999).
17.08.234 Convenience store.
“Convenience store” means a retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods for off-site consumption. The retail sale or dispensing of gasoline and related products may also be included. (Ord. 1405 § 2, 1999).
17.08.242 Density, gross.
“Gross density” means the number of dwelling units allowed per acre of land, before land required for roadway dedication, or wetland or critical area protection, or related purposes, is considered. (Ord. 1405 § 2, 1999).
17.08.244 Density, net.
“Net density” means the number of dwelling units allowed per acre of land, after land required for roadway dedication, or wetland or critical area protection, or related purposes, is considered. (Ord. 1405 § 2, 1999).
17.08.250 Dwelling.
“Dwelling” means a building, or portions thereof, designed or used exclusively for residential occupancy including one-family dwellings, two-family dwellings and multifamily dwellings, but not including hotels, motels, or lodging houses. (Ord. 1405 § 2, 1999).
17.08.260 Dwelling, multifamily.
“Multifamily dwelling” means a building designed exclusively for occupancy by three or more families living separately from each other and containing three or more dwelling units. (Ord. 1405 § 2, 1999).
17.08.270 Dwelling, single-family.
“Single-family dwelling” means a detached building designed exclusively for occupancy by one family and containing one dwelling unit. A single-family dwelling unit shall measure not less than 15 feet in width; it shall have a roof with a pitch of not less than three feet in 12; and it shall be set on a permanent perimeter foundation.
Roofs with a pitch of less than three feet in 12 may be permitted on buildings of more than one story. (Ord. 1405 § 2, 1999).
17.08.280 Dwelling, two-family.
“Two-family dwelling” means a building designed exclusively for occupancy by two families living separately from each other and containing two dwelling units. (Ord. 1405 § 2, 1999).
17.08.290 Dwelling unit.
“Dwelling unit” means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation but not for more than one family. (Ord. 1405 § 2, 1999).
17.08.291 Electric transmission substation.
“Electric transmission substation” means a facility that is moderate in size that serves the electrical needs of a sub-area by converting current into a usable form for household, commercial, and industrial uses. (Ord. 1405 § 2, 1999).
17.08.295 Espresso stand.
“Espresso stand” means an establishment that offers for sale espresso or other coffee beverages with or without drive-through facilities. (Ord. 1405 § 2, 1999).
17.08.300 Establishment, business or commercial.
“Business or commercial establishment” means a place of business carrying on an operation, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot and where access is separate and distinct from access to any other establishment. (Ord. 1405 § 2, 1999).
17.08.305 Facility or facilities.
“Facility” or “facilities” means all contiguous land, including “buffer zones” and structures, other appurtenances and improvements. (Ord. 1405 § 2, 1999).
17.08.307 Family.
“Family” means one or more persons related by blood, marriage, adoption or a group of not more than five persons (excluding servants) not related by blood or marriage living together as a single housekeeping unit in a dwelling unit. More than five unrelated persons may be construed as a family if necessary to comply with state or federal statutory or constitutional requirements, such as the federal Fair Housing Act. (Ord. 1579 § 1, 2003).
17.08.310 Fence.
“Fence” means that which is built, constructed or grown, or composed of parts joined together of material in some definite manner in which the prime purpose is to separate, divide, partition, enclose or screen a parcel or parcels of land. (Ord. 1405 § 2, 1999).
17.08.315 Flea market.
“Flea market” means an occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public. (Ord. 1405 § 2, 1999).
17.08.320 Floor area.
“Floor area,” for determining floor area ratio, means the sum of the gross horizontal areas of the several floors of a building, measured from the exterior walls, or the centerline of walls separating two buildings. Included shall be basement floor area when more than one-half of the basement height is above the finished lot grade level, stairwells, elevator shafts, interior balconies and mezzanines, enclosed porches and floor area devoted to accessory uses. Not to be included is space devoted to off-street parking or loading.
For determining off-street parking and loading requirements, it means the sum of the gross horizontal areas of the several floors of a building, or portion thereof, devoted to such use, including basement floor area used for retailing activities, to the production or processing of goods, or to business or professional offices. Not to be included is floor area devoted to off-street parking or loading facilities such as aisles, ramps, stalls, and maneuvering space. (Ord. 1405 § 2, 1999).
17.08.330 Floor area ratio (FAR).
“Floor area ratio (FAR)” means the floor area of the building or the buildings on a zoning lot divided by the area of the zoning lot. In the case of a planned development, it is the total floor area of the buildings divided by the total site area. (Ord. 1405 § 2, 1999).
17.08.331 Freight terminal, truck.
“Freight terminal, truck” means a facility that allows for the distribution and transfer of general wholesale goods between local to regional markets by means of trucks of varying sizes. (Ord. 1405 § 2, 1999).
17.08.332 Fuel storage tank, above ground.
“Fuel storage tank, above ground” means a facility that stores fuels in an approved container above ground. (Ord. 1405 § 2, 1999).
17.08.333 Fuel storage tank, underground.
“Fuel storage tank, underground” means a facility that stores fuels in an approved container below ground. (Ord. 1405 § 2, 1999).
17.08.340 Garage, private.
“Private garage” means an accessory building or an accessory portion of the main building enclosed on all sides and designed or used only for the shelter or storage of vehicles owned or operated only by the occupants of the main building or buildings. (Ord. 1405 § 2, 1999).
17.08.350 Garage, public.
“Public garage” means a building or structure other than a private garage, used for the care, repair or storage of automobiles, or where vehicles are kept for remuneration, hire or sale. (Ord. 1405 § 2, 1999).
17.08.352 Garage, repair.
“Repair garage” means any building or premises upon or within which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted. (Ord. 1405 § 2, 1999).
17.08.356 Golf and athletic facility.
“Golf and athletic facility” means an establishment that provides the facilities necessary for the playing of golf, including links, putting greens, and driving ranges. It may include a clubhouse and supporting facilities. (Ord. 1405 § 2, 1999).
17.08.360 Grade, lot.
“Lot grade” means the average finished ground level at the center of all exposed walls of a building. In case walls are parallel to and within five feet of a sidewalk, the aboveground level shall be measured at the sidewalk. (Ord. 1405 § 2, 1999).
17.08.362 Greenhouses, private and noncommercial.
“Private and noncommercial greenhouse” means a building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for personal enjoyment. (Ord. 1405 § 2, 1999).
17.08.364 Grocery store.
“Grocery store” means establishments engaged in the retail sale of a variety of canned and dry foods, fresh fruits and vegetables, or meats, poultry, and fish, and may include a variety of disposable nonfood products. (Ord. 1405 § 2, 1999).
17.08.366 Group home.
“Group home” means living accommodations for related or unrelated individuals with special needs who share a single-family detached dwelling unit. Individuals may be provided with a combination of personal care, social or counseling services, and transportation. (Ord. 1405 § 2, 1999).
17.08.370 Guest, permanent.
“Permanent guest” means a person who occupies, or has the right to occupy, a hotel, motel or apartment hotel accommodation for a period of 30 days or more. (Ord. 1405 § 2, 1999).
17.08.372 Hardware store.
“Hardware store” means an establishment primarily engaged in the retail sale of basic hardware lines, such as tools, builders’ hardware, paint, and glass. Retail sales of nursery, lawn and garden supplies, and lumber may be an accessory use to hardware stores. Utilization of outdoor areas for display and storage purpose may occur as an accessory use. (Ord. 1405 § 2, 1999).
17.08.374 Health club.
“Health club” means an establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, saunas, showers, massage rooms and lockers. Health clubs may sell sporting goods and clothing as an accessory use. (Ord. 1405 § 2, 1999).
17.08.376 Heliport.
“Heliport” means an area, either at ground level or elevated on a structure, licensed by the Federal Aviation Agency and approved for the loading, landing, and takeoff of helicopters and including auxiliary facilities, such as parking, fueling, maintenance, and waiting areas. (Ord. 1405 § 2, 1999).
17.08.380 Home occupation.
“Home occupation” means the use of a dwelling unit in which the occupant lives and is engaged in his/her profession or trade entirely within the confines of the dwelling unit and/or accessory structure. Home occupations are incidental and accessory to the principal residential use. (Ord. 1579 § 2, 2003; Ord. 1405 § 2, 1999).
17.08.385 Horticultural nursery, wholesale and retail.
“Horticultural nursery” means land or greenhouses used to raise flowers, shrubs, and plants for sale. (Ord. 1405 § 2, 1999).
17.08.390 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, but not including those specializing in treatment of nervous or mental disorders or drug or alcohol abuse. (Ord. 1405 § 2, 1999).
17.08.400 Hotel.
“Hotel” means a facility offering transient lodging accommodations to the general public, and which may provide such additional services as restaurants, meeting rooms, entertainment and recreational facilities. (Ord. 1405 § 2, 1999).
17.08.404 Impervious surface.
“Impervious surface” means any material that prevents the absorption of storm water into the ground. (Ord. 1405 § 2, 1999).
17.08.406 Industry, light.
“Light industry” means industrial uses which meet the performance standards, bulk controls, use restrictions and other requirements set forth in this chapter. (Ord. 1405 § 2, 1999).
17.08.408 Inn.
“Inn” means a facility containing six or fewer guest rooms, offering accommodations for transient lodging and feeding. (Ord. 1405 § 2, 1999).
17.08.425 Land use administrator.
The planning and community development director of the city shall serve as “land use administrator.” The mayor may also designate an acting land use administrator who shall have all of the duties and powers of the land use administrator in the absence of or inability of the land use administrator to act. (Ord. 1663 § 16, 2006; Ord. 1484 § 3, 2001; Ord. 1405 § 2, 1999).
17.08.427 Landfill.
“Landfill” means a disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land treatment facility. (Ord. 1405 § 2, 1999).
17.08.440 Livestock.
“Livestock” means horses, bovine animals, sheep, goats, swine, donkeys, or mules. In zones where allowed, the keeping of livestock shall be limited to one animal per acre of land. (Ord. 1405 § 2, 1999).
17.08.450 Lot.
“Lot” means a designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed or built upon. (Ord. 1405 § 2, 1999).
17.08.460 Lot, corner.
“Corner lot” means a lot situated at the intersection of two streets. For purposes of calculating setback requirements, a corner lot has two front yards, two side yards, and no rear yard. (Ord. 1405 § 2, 1999).
17.08.464 Lot coverage.
“Lot coverage” means that portion of the lot which is covered by buildings and other impervious surfaces. (Ord. 1405 § 2, 1999).
17.08.470 Lot depth.
“Lot depth” means the average perpendicular distance between the front lot line and the rear lot line measured within the lot boundaries. (Ord. 1405 § 2, 1999).
17.08.480 Lot, interior.
“Interior lot” means a lot other than a corner lot. (Ord. 1405 § 2, 1999).
17.08.488 Lot line.
“Lot line” means a line of record bounding a lot that divides one lot from another lot, or from a public street or any other public space. (Ord. 1405 § 2, 1999).
17.08.490 Lot line, front.
“Front lot line” means that lot line which is along an existing or designated public street, or, where no public street exists, along a public way. (Ord. 1405 § 2, 1999).
17.08.500 Lot line, rear.
“Rear lot line” means the lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly-shaped lots, a line not less than 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
In no case shall the application of the above be interpreted as permitting a main building to locate closer than 7.5 feet to any property line. (Ord. 1405 § 2, 1999).
17.08.510 Lot line, side.
“Side lot line” means any lot line which is not a front or a rear lot line. (Ord. 1405 § 2, 1999).
17.08.514 Lot, nonconforming.
“Nonconforming lot” means a lot that has less than the minimum area or minimum dimensions required in the zone in which the lot is located, but which was in conformance with applicable zoning regulations at the time which the lot was created. (Ord. 1405 § 2, 1999).
17.08.520 Lot of record.
“Lot of record” means an area of land designated as a lot on a plat or a subdivision recorded or registered, pursuant to statute, with the auditor of Pierce or King County. (Ord. 1405 § 2, 1999).
17.08.524 Lot, substandard.
“Substandard lot” means a parcel of land that has less than the minimum area or minimum dimensions required in the zone in which the lot is located. (Ord. 1405 § 2, 1999).
17.08.530 Lot, through.
“Through lot” means a lot having two opposite lot lines abutting public streets which are usually more or less parallel to each other, not a corner lot. Both lot lines abutting streets shall be deemed front lot lines. (Ord. 1405 § 2, 1999).
17.08.540 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. 1405 § 2, 1999).
17.08.542 Lot width, corner.
“Corner lot width” means the shorter of the horizontal distances measured between each lot front line and its opposing lot side line. (Ord. 1405 § 2, 1999).
17.08.550 Lot, zoning.
“Zoning lot” means a single tract of land located within a single block, which at the time of filing for a building permit is designated by its owner or developer as a tract to be used, developed or built upon a unit, under single ownership or control. A zoning lot may or may not coincide with a lot of record. (Ord. 1405 § 2, 1999).
17.08.552 Lumber yard.
“Lumber yard” means an establishment primarily engaged in selling lumber and a gen-
eral line of building materials, nursery, lawn, and garden supplies to the public. General line of building materials may include rough and dressed lumber, flooring, molding, doors, frames, roofing, siding, shingles, wallboards, paint, brick, tile, and cement. (Ord. 1405 § 2, 1999).
17.08.554 Manufactured housing.
“Manufactured housing” means factory-built, single-family structures that meet the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. Section 5401), commonly known as the HUD (U.S. Department of Housing and Urban Development) code.
Manufactured housing which meets the definition of a single-family dwelling as set forth in MMC 17.08.270 is allowed in all zones where single-family homes are permitted as an authorized use. (Ord. 1405 § 2, 1999).
17.08.560 Medical-dental clinic.
“Medical-dental clinic” means a building or group of buildings designed for the use of and occupied and used by physicians and dentists and others engaged professionally in such healing arts for humans as are recognized by the laws of the state, and including the installation and use of therapeutic equipment, x-ray equipment or laboratories, chemical, biochemical, and biological laboratories used as direct accessories to the medical-dental profession; dental laboratories, including facilities for the making of dentures on prescription; pharmacies, limited to the retail dispensing of pharmaceutical and sick-room supplies (but not room or orthopedic equipment); provided there shall be no exterior display windows or signs pertaining to such accessory uses, other than a directory sign. (Ord. 1405 § 2, 1999).
17.08.580 Mobile home lot.
“Mobile home lot” means a plainly marked plot of ground within a mobile home park designed to accommodate one manufactured house. (Ord. 1405 § 2, 1999).
17.08.590 Mobile home park.
“Mobile home park” means any platted parcel of land 15 acres or greater, containing spaces with required improvements and utilities that are leased for the long-term placement of manufactured houses. (Ord. 1405 § 2, 1999).
17.08.600 Mobile home park thoroughfare.
“Mobile home park thoroughfare” means a driving area for general use within the mobile home park, no less than 30 feet in width. (Ord. 1405 § 2, 1999).
17.08.601 Mortuary.
“Mortuary” means an establishment that provides services for the preparation of deceased individuals for burial or cremation and may include rooms for remembrance services. (Ord. 1405 § 2, 1999).
17.08.610 Motel.
“Motel” means an establishment providing sleeping accommodations with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building. (Ord. 1405 § 2, 1999).
17.08.611 Motor vehicle impound yard in enclosed building.
“Motor vehicle impound yard in enclosed building” means a facility that provides for the temporary impoundment and storage of motor vehicles within a building. (Ord. 1405 § 2, 1999).
17.08.615 Nonautomotive, motor vehicle and related equipment sales, rental, repair and service.
“Nonautomotive, motor vehicle and related equipment sales, rental, repair and service” means establishments or places of business engaged in the sales, leasing, or service of trucks, motorcycles, recreational vehicles, and boats; or heavy equipment and supplies related to motor vehicles; and self-moving or commercial moving services. (Ord. 1405 § 2, 1999).
17.08.620 Nonconforming building or structure.
“Nonconforming building or structure” means any building or structure:
A. The size, location or dimensions of which was lawful prior to the adoption, revision or amendment to this zoning code, but that fails by reason of such adoption, revision or amendment to conform to the present requirements of this code; or
B. Is designed or intended for a nonconforming use. (Ord. 1405 § 2, 1999).
17.08.622 Nonconforming use.
“Nonconforming use” means a use or activity that was lawful prior to the adoption, revision or amendment to this zoning code, but that fails by reason of such adoption, revision or amendment to conform to the present requirements of this code. (Ord. 1405 § 2, 1999).
17.08.636 Open space.
“Open space” means any parcel, lot or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment; or, for the use and enjoyment of owners, occupants, and their guests of land adjoining or neighboring such open space. (Ord. 1405 § 2, 1999).
17.08.638 Open space, common.
“Common open space” means land within or related to a development, not individually owned or dedicated for public use, that is designed and intended for the common use or enjoyment of the residents and their guests of the development. Such common open space may include such complementary structures and improvements as are necessary and appropriate. (Ord. 1405 § 2, 1999).
17.08.640 Outdoor advertising display.
“Outdoor advertising display” means any card, paper, cloth, metal, glass, wooden, or other display or device of any kind or character which is placed, painted, or printed for outdoor advertising purposes on the ground or on any tree, wall, rock, structure, fence or other object. This form of advertising is intended to be temporary in nature and differs from the definition of a sign in that respect. (Ord. 1405 § 2, 1999).
17.08.644 Outdoor storage.
“Outdoor storage” means the keeping, in an unenclosed area, of any goods, material, merchandise, vehicles, or junk in the same place for more than 24 hours. Registered motor vehicles and furnishings maintained in good repair are specifically excluded from this definition. (Ord. 1405 § 2, 1999).
17.08.650 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 for the exclusive use of the owners, tenants, lessees, or occupants of the lot on which the parking area is located, or their customers, employees, or whomever else they permit to use the parking area. (Ord. 1405 § 2, 1999).
17.08.660 Parking area, public.
“Public parking area” means an open area other than a street, alley, or private parking area as defined in this chapter, either privately or publicly owned, which area is available to the public and used for the parking of more than five automobiles. (Ord. 1405 § 2, 1999).
17.08.670 Pasture.
“Pasture” means an area confined within a fence or other physical barrier and used for grazing or roaming of livestock. (Ord. 1405 § 2, 1999).
17.08.675 Permitted uses.
“Permitted uses” means uses authorized or allowed outright not requiring hearing examiner or city council approval. (Ord. 1405 § 2, 1999).
17.08.680 Person.
“Person” means an individual, firm, partnership, association or corporation; or a state, or any political subdivision of a state, or any agency or instrumentality thereof. (Ord. 1405 § 2, 1999).
17.08.682 Personal services.
“Personal services” means establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. (Ord. 1405 § 2, 1999).
17.08.690 Pet shop.
“Pet shop” means an establishment dealing in buying and selling small animals and birds; provided no boarding or veterinary services are rendered except bathing and clipping of dogs and cats. (Ord. 1405 § 2, 1999).
17.08.694 Planning commission.
“Planning commission” means the planning commission of the city of Milton. (Ord. 1405 § 2, 1999).
17.08.695 Plumbing supply yard.
“Plumbing supply yard” means an establishment providing plumbing supplies for retail and wholesale customers. (Ord. 1405 § 2, 1999).
17.08.696 Post office, branch or contract station.
“Branch or contract station post office” means postal facilities serving neighborhood markets. (Ord. 1405 § 2, 1999).
17.08.698 Post office, distribution center or terminal.
“Distribution center or terminal post office” means postal facilities serving regional markets. (Ord. 1405 § 2, 1999).
17.08.699 Printing establishment.
“Printing establishment” means a facility that provides a range of reprographic services to retail and wholesale customers. (Ord. 1405 § 2, 1999).
17.08.700 Professional offices.
“Professional offices” means offices used as a place of business conducted by persons engaged in recognized professions, and others whose business activities consist chiefly of services to the person as distinguished from the handling of commodities; does not include offices in which the main activity is the sale, rent, lease, exchange or development of land, buildings or improvements. (Ord. 1405 § 2, 1999).
17.08.703 Public park.
“Public park” means a public owned and maintained facility that provides for the recreational needs of local or regional residents. (Ord. 1405 § 2, 1999).
17.08.710 Public utility.
“Public utility” means a private corporation performing a public service and subject to special governmental regulations, or a governmental agency performing a similar public service, the services by either of which are paid for directly by individual recipients of such service which includes, but is not limited to, water supply, electric power, gas, sewer service, and transportation of persons and freight recorded, filed for record with the auditor of either Pierce or King County, state of Washington. (Ord. 1405 § 2, 1999).
17.08.711 Public utility facility.
“Public utility facility” means facilities serving a sub-area, entire city or region including power substations, water transmission lines, wireless base station, sewer collectors and pump stations, switching stations, gas transmission lines, water storage tanks and similar structures. (Ord. 1405 § 2, 1999).
17.08.711A Public utility service yard.
“Public utility service yard” means facilities that provide for the maintenance, service, and storage of materials and vehicles used for use by a public utility. (Ord. 1405 § 2, 1999).
17.08.711B Recreational use, commercial, including a tennis club and similar activities.
“Recreational use, commercial, including a tennis club and similar activities” means a recreational use maintained and operated by a nonprofit club, or an organization whose membership is for a specified group. (Ord. 1405 § 2, 1999).
17.08.711C Recreational center privately operated.
“Recreational center privately operated” means a facility that provides recreational opportunities that is privately owned and operated. (Ord. 1405 § 2, 1999).
17.08.712 Recyclable materials.
“Recyclable materials” means solid wastes that are separated for recycling or reuse, such as papers, metals and glass, that are identified as recyclable material pursuant to the applicable county comprehensive solid waste plan. (Ord. 1405 § 2, 1999).
17.08.713 Recycling collection point.
“Recycling collection point” means an accessory use that serves as a neighborhood drop-off point for temporary storage of recyclables. No processing of recyclables takes place at a recycling collection point. (Ord. 1405 § 2, 1999).
17.08.714 Recycling processing center.
“Recycling processing center” means a facility for transforming or remanufacturing recyclable materials into usable or marketable materials for use other than landfill disposal or incineration. (Ord. 1405 § 2, 1999).
17.08.720 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. The term “residence” includes the term “residential” as referring to the type, or intended use, of a building. (Ord. 1405 § 2, 1999).
17.08.730 Rest home or nursing home.
“Rest home” or “nursing home” means a private home or institution operated similarly to a boardinghouse for the care of children, the aged or the infirm, or a place of rest and care for those suffering bodily disorders; such home does not contain equipment for the surgical care or for the treatment of diseases or injury. (Ord. 1405 § 2, 1999).
17.08.734 Restaurant.
“Restaurant” means an establishment where food and drink are prepared, served and consumed primarily within the principal building. (Ord. 1405 § 2, 1999).
17.08.736 Restaurant, drive-through.
“Drive-through restaurant” means a restaurant where all or a portion of the food and drink is prepared for consumption off the premises, and where the ordering and pickup of food may take place from an automobile. (Ord. 1405 § 2, 1999).
17.08.738 Retail sales.
“Retail sales” means establishments engaged in selling goods or merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of such goods. (Ord. 1405 § 2, 1999).
17.08.740 Retaining wall.
“Retaining wall” means any wall used to resist the lateral displacement of any material. (Ord. 1405 § 2, 1999).
17.08.745 Rodeo.
“Rodeo” means a public competition or exhibition in which skills such as riding broncos or roping calves are displayed. (Ord. 1405 § 2, 1999).
17.08.750 Roof.
“Roof” means a structure covering any portion of a building or structure, including the projections beyond the walls or supports. (Ord. 1405 § 2, 1999).
17.08.751 Sanitarium.
“Sanitarium” means an establishment that provides for medium to long range health care. (Ord. 1405 § 2, 1999).
17.08.752 School, elementary.
“Elementary school” means any school licensed by the state and that meets the state requirements for elementary education. (Ord. 1405 § 2, 1999).
17.08.753 School, private.
“Private school” means any building or group of buildings the use of which meets state requirements for elementary, secondary, or higher education and which use does not secure the major part of its funding from any governmental agency. (Ord. 1405 § 2, 1999).
17.08.754 School, secondary.
“Secondary school” means any school licensed by the state and that is authorized to award diplomas for secondary education. (Ord. 1405 § 2, 1999).
17.08.756 Self-service storage facility.
“Self-service storage facility” means a structure containing separate, individual, and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time. (Ord. 1405 § 2, 1999).
17.08.760 Service station.
See “vehicle repair”. (Ord. 1405 § 2, 1999).
17.08.764 Setback line.
“Setback line” means that line that is the required minimum distance from any lot line and that establishes the area within which the principal structure must be erected or placed.
Setback lines abutting street frontages shall be measured after any dedication which may be required in conformance with MMC 12.24.030. (Ord. 1405 § 2, 1999).
17.08.766 Sewage treatment plant.
“Sewage treatment plant” means facilities used to treat any liquid or waterborne waste of domestic origin or a combination of domestic, commercial, or industrial origin, and which by its design requires the presence of an operator for its operation, including alternative treatment works and package treatment plants. (Ord. 1405 § 2, 1999).
17.08.770 Sign.
“Sign” means a name, identification, description, display, or illustration which is affixed to or reproduced directly or indirectly upon a building, structure, or piece of land and which is used to advertise, identify, display, attract or direct attention to an event, object, product, place, activity, person, institution, organization, or business by any means including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. (Ord. 1405 § 2, 1999).
17.08.780 Sign, advertising.
“Advertising sign” means a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where the sign is located. (Ord. 1405 § 2, 1999).
17.08.785 Sign, attached.
“Attached sign” means a sign which is attached or affixed to a building. (Ord. 1405 § 2, 1999).
17.08.790 Sign, business.
“Business sign” means a sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered, upon the premises where the sign is located. (Ord. 1405 § 2, 1999).
17.08.794 Sign, freestanding.
“Freestanding sign” means a nonmovable sign which is not fixed to a building. (Ord. 1405 § 2, 1999).
17.08.796 Similar use.
“Similar use” means a use deemed by the land use administrator as similar in character to uses specifically cited in Chapter 17.14 MMC. In making a determination that a use is similar to one specifically cited in Chapter 17.14 MMC, the land use administrator must find that the trip generation and type of traffic, parking and circulation, utility demands, environmental impacts, physical space needs, and clientele characteristics of the use differ no more than 10 percent from the characteristics of the use specifically cited in Chapter 17.14 MMC. (Ord. 1405 § 2, 1999).
17.08.798 Site plan.
“Site plan” means a development plan, pursuant to Chapter 17.62 MMC, for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings, whether principal or accessory; signs and lighting; berms, buffers and screening devices; surrounding development or land uses; and any other information which reasonably may be required in order that an informed decision can be made by the planning commission regarding the suitability or appropriateness of the proposed development. (Ord. 1405 § 2, 1999).
17.08.800 Solid waste.
“Solid waste” means all putrescible and nonputrescible solid and semi-solid waste including, but not limited to, garbage, rubbish, ashes, industrial waste, commercial waste, swill, sewage sludge, demolition and construction waste, abandoned vehicles or parts thereof, discarded commodities and recyclable materials. (Ord. 1405 § 2, 1999).
17.08.801 Special use.
“Special use” refers to a land use which by way of its citation, or similarity to a citation, in Chapter 17.42 MMC, requires hearing examiner approval. Unless otherwise restricted by the terms and conditions at issuance of the special use permit, said permit shall run with the land as a overlay zoning district. (Ord. 1405 § 2, 1999).
17.08.802 Sports arena.
“Sports arena” means an enclosed building with tiered seating for the observation of sports events and other spectacles by assemblages of over 500 spectators. (Ord. 1405 § 2, 1999).
17.08.805 Stable, private arena.
“Stable, private arena” means a detached accessory building kept for the shelter and feeding of domestic animals, especially horse and cattle, owned by the occupants of the premises, and in which no animals are kept for hire, remuneration or sale. (Ord. 1405 § 2, 1999).
17.08.807 Stadium.
“Stadium” means an open structure for sports events with tiered seating for assemblages of over 500 spectators. (Ord. 1405 § 2, 1999).
17.08.810 Street.
“Street” means a public right-of-way which affords a primary means of access to abutting property. (Ord. 1405 § 2, 1999).
17.08.820 Structural alteration.
“Structural alteration” means any change in the supporting members of a building or structure such as foundation, bearing walls, columns, beams, floor or floor joists, girders or rafters, or changes in the external dimensions of the building or structure, or increase in floor space. (Ord. 1405 § 2, 1999).
17.08.830 Structure.
“Structure” means anything constructed in the ground, or anything erected which requires location on the ground, or is attached to something having location on or in the ground, but not including fences less than six feet in height, driveways, or other paved areas. (Ord. 1405 § 2, 1999).
17.08.831 Studio.
“Studio” means the workshop of an artist, sculptor, photographer, or craftsperson or a place for the production of radio or television programming. (Ord. 1405 § 2, 1999).
17.08.832 Substantial change in use.
“Substantial change in use” means a use deemed by the land use administrator as substantially different in character to the use previously existing on the site. In making a determination that a use is a substantial change in use, the land use administrator must find that the trip generation and type of traffic, parking and circulation, utility demands, environmental impacts, physical space needs, and clientele characteristics of the use differ more than 10 percent from the characteristics of the use previously existing on the site. (Ord. 1405 § 2, 1999).
17.08.832A Surface mining.
“Surface mining” means a facility that provides for the removal and basic processing of gravel for commercial use. (Ord. 1405 § 2, 1999).
17.08.833 Swimming pool, commercial.
“Commercial swimming pool” means a water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool, having a depth of more than 30 inches, designed, used, and maintained for the swimming and bathing use of commercial patrons. (Ord. 1405 § 2, 1999).
17.08.834 Tavern.
“Tavern” means an establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use. (Ord. 1405 § 2, 1999).
17.08.836 Theater, enclosed.
“Enclosed theater” means a building or part of a building devoted to showing motion pictures or for dramatic, dance, musical, or other live performances. (Ord. 1405 § 2, 1999).
17.08.840 Trailer, vehicle.
“Vehicle trailer” means a vehicle without motor power designed to be drawn by motor vehicles and to be used for human habitation, or for carrying persons and property, including a trailer coach and any self-propelled vehicle having a body designed or converted to the same uses as a vehicle trailer without motor power. (Ord. 1405 § 2, 1999).
17.08.842 Transfer station solid waste facility.
“Transfer station solid waste facility” means a facility that provides for the collection of solid waste and the transfer of such waste to its final disposal location. (Ord. 1405 § 2, 1999).
17.08.845 Transit facility, bus barn, park-and-ride lot, transit station.
“Transit facility, bus barn, park-and-ride lot, transit station” means facilities that provide for the uses that support a regional transportation system. (Ord. 1405 § 2, 1999).
17.08.860 Use.
“Use” means the purpose or activity for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained, and includes any manner of performance of such activity with respect to the performance standards of this zoning code. (Ord. 1405 § 2, 1999).
17.08.880 Use, principal.
“Principal use” means the main use of land or buildings as distinguished from a subordinate or accessory use. (Ord. 1405 § 2, 1999).
17.08.890 Variance.
“Variance” means an adjustment in the application of the specific bulk, dimensional, or density regulations of this code to a particular parcel of property which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone, and which adjustment remedies the disparity in privileges. (Ord. 1405 § 2, 1999).
17.08.891 Vehicle, motor.
“Motor vehicle” means a self-propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle or an unlicensed off-road recreational vehicle. A motor vehicle may include light trucks or vans, motorcycles, trailers, or recreation vehicles. (Ord. 1405 § 2, 1999).
17.08.892 Vehicle, off-road.
“Off-road vehicle” means a vehicle designed for use on a variety of nonimproved surfaces and including dune buggies and all-terrain vehicles, snowmobiles, trail bikes, mopeds, and motor bikes. (Ord. 1405 § 2, 1999).
17.08.893 Vehicle sales.
“Vehicle sales” means the use of any structure or premises for the display or sale of new or used motor or off-road vehicles, automobiles generally but may include light trucks or vans, motorcycles, trailers, or recreation vehicles, and including any vehicle preparation or repair work conducted as an accessory use. (Ord. 1405 § 2, 1999).
17.08.895 Vehicle repair.
“Vehicle repair” means the use of any structure or premises for the retail dispensing or sales of vehicular fuels; servicing and repair of motor or off-road vehicles; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories. (Ord. 1405 § 2, 1999).
17.08.896 Vehicle wash.
“Vehicle wash” means any building or premises or portions thereof used for washing automobiles, motor or off-road vehicles. (Ord. 1405 § 2, 1999).
17.08.898 Vocational school.
“Vocational school” means secondary or higher education primarily teaching usable skills that prepare students for jobs in a trade and meeting the state requirements as a vocational facility. (Ord. 1405 § 2, 1999).
17.08.899 Warehouse.
“Warehouse” means a building used for the indoor storage of goods. (Ord. 1405 § 2, 1999).
17.08.900 Yard.
“Yard” means an open space on a zoning lot which is unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in the permitted intrusions in required yards in this code. A yard extends along and at right angles to a lot line to a depth or width specified in the yard regulations for the zoning district in which the zoning lot is located. (Ord. 1405 § 2, 1999).
17.08.910 Yard, front.
“Front yard” means a yard that extends along the full length of the front lot line, between the two side lot lines and to the closest residential or commercial structure on the same lot. (Ord. 1405 § 2, 1999).
17.08.920 Yard, rear.
“Rear yard” means a yard that extends along the full length of the rear lot line, between the two side lot lines and to the closest residential or commercial structure on the same lot. (Ord. 1405 § 2, 1999).
17.08.930 Yard, side.
“Side yard” means a yard that extends along a side lot line from the front yard to the rear yard, between the side lot line and to the closest residential or commercial structure on the same lot. (Ord. 1289 § 4, 1995).
17.08.935 Yard waste.
“Yard waste” means grass clippings, leaves, weeds, and prunings six inches or less in diameter. (Ord. 1405 § 2, 1999).
17.08.936 Yard waste composting.
“Yard waste composting” means the controlled aerobic degradation of yard waste only, for uses as a soil conditioner. The presence of anaerobic zones within the composting yard waste will not cause the process to be classified as other than composting. Natural decay of yard waste under uncontrolled conditions is not yard waste composting. (Ord. 1405 § 2, 1999).
17.08.940 Zone.
“Zone” means an area accurately defined as to boundaries and location, and classified by the zoning ordinance as available for certain types of uses, and within which other types of uses are excluded. (Ord. 1405 § 2, 1999).
17.08.950 Zoning administrator.
“Zoning administrator” means the planning and community development director of the city of Milton, or his or her designee. (Ord. 1663 § 17, 2006; Ord. 1484 § 4, 2001; Ord. 1405 § 2, 1999).
Chapter 17.12
DISTRICTS GENERALLYSections:
17.12.010 Classifications designated.
17.12.020 Zoning map adopted.
17.12.030 Changes in boundaries.
17.12.040 Limitation of land use.
17.12.050 Uncertainty of boundaries.
17.12.010 Classifications designated.
For the purpose of this code, the city is divided into eight zoning classifications, as follows:
Abbreviated Chapter
Zone Classifications Designation
17.20 Residential Single-Family District RS
17.22 Residential Moderate Density District RMD
17.24 Residential Multifamily District RM
17.28 Business District B
17.30 Mixed Use Town Center District MX
17.32 Community Facilities District CF
17.36 Light Manufacturing District M-1
17.38 Planned Development District PD
17.41 Open Space District OS
(Ord. 1405 § 2, 1999).
17.12.020 Zoning map adopted.
The zoning map designated Milton Zoning Map 1995, as amended by the Milton Zoning Map 1999, is hereby adopted and made a part of this code as though attached to this chapter, showing the location and the boundaries of the various zoning districts in Milton shall be the official zoning map of Milton and is an integral part of this zoning code. The boundaries and location of the various zoning districts in Milton shall be as shown on the zoning map. The Milton Zoning Map 1995, as amended by the Milton Zoning Map 1999, is on file with the city. (Ord. 1405 § 2, 1999).
17.12.030 Changes in boundaries.
A. Changes in the boundaries of the zones shall be made by adopting an amended zoning map, or part of the map, which amended map or part so adopted shall become a part of this code.
B. No changes in the boundaries of any zone shall be approved unless such change is found to be in compliance with the comprehensive plan. (Ord. 1405 § 2, 1999).
17.12.040 Limitation of land use.
Except as provided in this code, no building or structure shall be erected, reconstructed, or structurally altered, nor shall any building, structure, or land be used for any purpose except as specifically provided and allowed in this title in the same zone in which the building, land, or use is located. (Ord. 1405 § 2, 1999).
17.12.050 Uncertainty of boundaries.
When uncertainty exists as to the boundaries of zones as indicated on the official zoning map, the following rules shall apply:
A. Boundaries shown as approximately following the centerlines of streets, alleys or highways shall be construed as following such centerlines.
B. Boundaries indicated as approximately following lot lines shall be construed as following such lot lines.
C. Distances not specifically indicated on the official zoning map shall be determined by applying the scale of the map.
D. Where a zone boundary line is parallel, or approximately parallel, to a street and divides a lot or property in single ownership having street frontage in a less restrictive zone, the provisions applicable to the less restrictive zone may be extended to the entire lot, but in no case for a distance of more than 25 feet. Where the zone boundary line divides a lot having street frontage only in a more restrictive zone, the provisions of this title covering the more restrictive portion of the lot shall extend to the entire lot.
E. Where a zone boundary line divides a lot of single ownership and the line is at right angles or approximately at right angles to the street, highway or place upon which the lot fronts, the provisions of this title applicable in the less restrictively zoned portion of the lot may be extended to the entire lot or for a distance of 25 feet from the zone boundary line, whichever is the lesser distance. (Ord. 1405 § 2, 1999).
Chapter 17.14
Description of Use
RS
RM
RMD
MX
B
M-1
CF
OS
Residential Use Category
Accessory apartment
acc1
acc
acc
acc
Accessory structure larger than principal building
cup
Adult day care facility
cup
au
au
au
Adult family home
au
au
au
au
Adult retirement community
au
au
au
Apartment
au
cup
au
Assisted living facility
cup
cup
cup
Carport
acc
acc
acc
acc
Dwelling, multifamily
au
cup
au
Dwelling, single-family
au
au
au
au
Dwelling, two-family
au2
au
au
au
Garage, private
acc
acc
acc
acc
acc
acc
Group homes
cup
au
cup
au
Mobile home park
cup
cup
cup
Parking area, private
acc
acc
acc
acc
acc
acc
Swimming pool, private
acc
acc
acc
acc
Commercial Use Category
Adult entertainment business
cup
Ambulance service
au
au
au
Amusement parks
su2
su2
su2
su2
su2
Animal hospital
au
au
Auction house/barn (no vehicle or livestock)
au
au
Automobile service station
cup
au
au
Automobile wash
au
au
Automobile, repair
au
au
Automobile, sales
au
au
Banks, savings and loan association
au
au
Beauty/barber shop
cup
au
au
Bed and breakfast
cup
au
cup
au
Billiard hall and pool hall
au
au
au
Child day care, commercial
cup
cup
cup
au
au
cup
cup
Child day care, family
au
au
au
au
Commercial recreation < 2 ac.
cup
cup
au
au
au
Commercial recreation > 2 ac.
cup
cup
Confectionery stores (see Retail sales)
au
au
Convenience store
au
au
Crematories and mausoleums
su1
su1
su1
su1
Department stores (see Retail sales)
au
Drug stores (see Personal services)
au
au
Dry cleaners (see Personal services)
au
au
Espresso stands
au
au
au
Flea market
cup
Food markets and grocery stores
au
au
Golf and athletic facilities
su1
su1
su1
su1
su1
Greenhouses, private and noncommercial
au
au
au
cup
cup
Hardware stores < 10,000 sf
au
au
au
Hardware stores > 10,000 sf
au
au
Health club
acc
au
au
acc
Home occupation
au4
au4
au4
au4
au4
au4
au4
au4
Horticultural nursery, wholesale and retail
au
au
Hotel
cup
au
Inn
cup
au
au
Liquor stores