Title 18
ZONING

Chapters:

18.02 Authority, Purpose, Interpretation and Administration

18.04 Zones, Maps and Designations

18.06 Technical Terms and Land Use Definitions

18.08 Permitted Uses

18.12 Development Standards – Density and Dimensions

18.14 Development Standards – Design Requirements

18.15 Community Business Center Design Guidelines

18.16 Development Standards – Landscaping and Tree Retention

18.18 Development Standards – Parking and Circulation

18.20 Development Standards – Signs

18.22 Repealed

18.24 Critical Areas

18.25 Wireless Communications Facilities

18.26 Repealed

18.28 Development Standards – Adequacy of Public Facilities and Services

18.30 Development Standards – Animals, Home Occupations, Home Industry and Secure Community Transition Facilities

18.31 Accessory Dwelling Units

18.32 General Provisions – Nonconformance, Temporary Uses, and Re-Use of Facilities

18.34 General Provisions – Residential Density Incentives

18.36 General Provisions – Floor Area Ratio Incentives

18.38 Repealed

18.40 Recodified

18.42 Recodified

18.44 Decision Criteria

18.46 Amendments

18.50 Enforcement

Chapter 18.02
AUTHORITY, PURPOSE, INTERPRETATION AND ADMINISTRATION

Sections:

18.02.010 Title.

18.02.020 Authority to adopt code.

18.02.030 Purpose.

18.02.040 Conformity with this title required.

18.02.050 Minimum requirements.

18.02.060 Interpretation – General.

18.02.070 Interpretation – Standard industrial classification.

18.02.080 Interpretation – Zoning maps.

18.02.090 Administration and review authority.

18.02.100 Severability.

18.02.010 Title.

This title shall be known as the city of Newcastle zoning code, hereinafter referred to as “this title.” (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.02.020 Authority to adopt code.

The city of Newcastle zoning code is adopted by city of Newcastle ordinance, pursuant to the Washington State Constitution; and Chapter 35A.63 RCW. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.02.030 Purpose.

The general purposes of this title are:

A. To encourage land use decision making in accordance with the public interest and applicable laws of the state of Washington;

B. To protect the general public health, safety, and welfare;

C. To implement the city of Newcastle comprehensive plan’s policies and objectives through land use regulations;

D. To provide for the economic, social, and aesthetic advantages of orderly development through harmonious groupings of compatible and complementary land uses and the application of appropriate development standards;

E. To provide for adequate public facilities and services in conjunction with development; and

F. To promote general public safety by regulating development of lands containing physical hazards and to minimize the adverse environmental impacts of development. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.02.040 Conformity with this title required.

A. No use or structure shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformance with this title.

B. Creation of or changes to lot lines shall conform with the use provisions, dimensional and other standards, and procedures of this title and the city’s subdivision code.

C. All land uses and development authorized by this title shall comply with all other regulations and/or requirements of this title as well as any other applicable local, state or federal law. Where a difference exists between this title and other city regulations, the more restrictive requirements shall apply.

D. Where more than one part of this title applies to the same aspect of a proposed use or development, the more restrictive requirement shall apply. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.02.050 Minimum requirements.

In interpretation and application, the requirements set forth in this title shall be considered the minimum requirements necessary to accomplish the purposes of this title. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.02.060 Interpretation – General.

A. In case of inconsistency or conflict, regulations, conditions or procedural requirements that are specific to an individual land use shall supersede regulations, conditions or procedural requirements of general application.

B. A land use includes the necessary structures to support the use unless specifically prohibited or the context clearly indicates otherwise, subject to other standards in code and any required permits for structures.

C. Chapter and section headings, captions, illustrations and references to other sections or titles are for reference or explanation only and shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section. In case of any ambiguity, difference of meaning or implication between the text and any heading, caption or illustration, the text and the permitted use tables in Chapter 18.08 NMC shall control. All applicable requirements shall govern a use whether or not they are cross-referenced in a text section or land use table.

D. The word “shall” is mandatory and the word “may” is discretionary.

E. Unless the context clearly indicates otherwise, words in the present tense shall include past and future tense, and words in the singular shall include the plural, or vice versa. Except for words and terms defined in this title, all words and terms used in this title shall have their customary meanings. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.02.070 Interpretation – Standard industrial classification.

A. All references to the Standard Industrial Classification (SIC) are to the titles and descriptions found in the Standard Industrial Classification Manual, 1987 edition, prepared by United States Office of Management and Budget which are hereby adopted by reference. The SIC is used, with modifications to suit the purposes of this title, to list and define land uses authorized to be located in the various zones.

B. The SIC categorizes each land use under a general two-digit major group number, or under a more specific three- or four-digit industry group or industry number. A use shown on a land use table with a two-digit number includes all uses listed in the SIC for that major group. A use shown with a three-digit or four-digit number includes only the uses listed in the SIC for that industry group or industry, respectively, and the uses so listed are excluded from the respective major group.

C. An asterisk (*) in the SIC number column of a land use table means that the SIC definition for the specific land use identified has been modified by this title. The definition may include one or more SIC subclassification numbers, or may define the use without reference to the SIC.

D. The director shall determine whether a proposed land use not specifically listed in a land use table or specifically included within a SIC classification is allowed in a zone. The director’s determination shall be based on whether or not permitting the proposed use in a particular zone is consistent with the purposes of this title and the zone’s purpose as set forth in Chapter 18.04 NMC, by considering the following factors:

1. The physical characteristics of the use and its supporting structures, including but not limited to scale, traffic and other impacts, and hours of operation;

2. Whether or not the use complements or is compatible with other uses permitted in the zone; and

3. The SIC classification, if any, assigned to the business or other entity that will carry on the primary activities of the proposed use.

E. The decision of the director on an SIC classification shall be final unless the applicant or an adverse party files an appeal to the hearing examiner pursuant to NMC Title 19, Administrative Procedures. (Ord. 97-153 §§ 13, 39; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.02.080 Interpretation – Zoning maps.

Where uncertainties exist as to the location of any zone boundaries, the following rules of interpretation, listed in priority order, shall apply:

A. Where boundaries are indicated as paralleling the approximate centerline of the street right-of-way, the zone shall extend to each adjacent boundary of the right-of-way. Non road-related uses by adjacent property owners, if allowed in the right-of-way shall meet the same zoning requirements regulating the property owner’s lot;

B. Where boundaries are indicated as following approximately lot lines, the actual lot lines shall be considered the boundaries;

C. Where boundaries are indicated as following lines of ordinary high water, or government meander line, the lines shall be considered to be the actual boundaries. If these lines should change the boundaries shall be considered to move with them; and

D. If none of the rules of interpretation described in subparagraphs (A) through (C) apply, then the zoning boundary shall be determined by map scaling. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.02.090 Administration and review authority.

A. The director shall have the authority to grant, condition or deny applications for temporary use permits.

B. Except for other agencies with authority to implement specific provisions of this title, the director shall have the sole authority to issue official interpretations of this title.

C. The director is hereby authorized after the date of the adoption of the ordinance codifed in this chapter to incorporate drawings as necessary for the purpose of illustrating concepts and regulatory standards contained in this title; provided, that the adopted provisions of the code shall control. (Ord. 2005-311 § 1; Ord. 97-153 §§ 14, 15, 39; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.02.100 Severability.

Should any chapter, section, subsection, paragraph, sentence, clause or phrase of this title be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this title. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

Chapter 18.04
ZONES, MAPS AND DESIGNATIONS*

Sections:

18.04.005 Zoning map adopted.

18.04.010 Zones and map designations established.

18.04.020 Zone and map designation purpose.

18.04.030 Limited open space.

18.04.040 Mixed use.

18.04.050 Reserved.

18.04.060 Reserved.

18.04.070 Reserved.

18.04.080 Residential zone.

18.04.090 Neighborhood business zone.

18.04.100 Community business zone.

18.04.110 Reserved.

18.04.120 Office zone.

18.04.130 Community business center overlay zone.

18.04.135 Industrial zone.

18.04.140 Regional use designation.

18.04.150 Reserved.

18.04.160 Special district overlay.

18.04.170 Newly annexed territory.

18.04.180 Undesignated property.

18.04.190 Zoning maps and boundaries.

* Prior legislation: Ords. 18 and 45.

18.04.005 Zoning map adopted.

The city of Newcastle zoning map, on file with the office of the city clerk, is adopted as the official zoning map for the city. (Ord. 97-144 § 1; Ord. 45 § 1, 1994).

18.04.010 Zones and map designations established.

In order to accomplish the purposes of this title the following zoning designations and zoning map symbols are established:

Zoning Designations	Map Symbol
Limited Open Space	LOS
Mixed Use	MU
Mixed Use Residential	MU-R
Mixed Use Commercial	MU-C
Residential	R
Neighborhood Business	NB
Community Business	CB
Office	O
Community Business Center Overlay	CBC
Industrial	I
Regional Use	Case file number following zone’s map symbol
Property-specific development standards	P (suffix to zone’s map symbol)
Special District Overlay	SO (suffix to zone’s map symbol)

(Ord. 2003-274 § 1; Ord. 2001-239 § 1; Ord. 2000-210 § 1; Ord. 97-145 Exh. B).

18.04.020 Zone and map designation purpose.

The purpose statements for each zone and map designation set forth in the following sections shall be used to guide the application of the zones and designations to all lands in the city of Newcastle. The purpose statements also shall guide interpretation and application of land use regulations within the zones and designations, and any changes to the range of permitted uses within each zone through amendments to this title. (Ord. 97-145 Exh. B).

18.04.030 Limited open space.

The purpose of the limited open space land use designation (LOS) is to provide and recognize areas of the city where substantial critical areas exist on private or public lands; at the same time recognizing the rights of property owners to improve and use their property for primarily recreation-based uses. This land use designation does not replace or supersede the city’s environmentally critical areas section in the zoning code, but is meant instead to designate areas of the city where the scale of the critical lands is a substantial part of each property.

Allowed uses within this district are restricted to protect the function of critical areas in the limited open space (LOS). This conforms to the city’s intent to protect the consequences of building in these areas. Designating land as LOS would allow for a variety of recreational-based development including parks, ball fields, playgrounds, arboretums and golf courses with accessory uses including restaurants, banquet areas, shops, guest houses or lodging and public maintenance facilities. Accessory uses may include public and private parking facilities (emphasis added). (Ord. 2007-362 § 3; Ord. 2005-311 § 1; Ord. 2000-210 § 2; Ord. 97-145 Exh. B).

18.04.040 Mixed use.

The purpose of mixed use (MU) as a land use designation is to enable development of integrated, retail, general commercial, office, a variety of housing types, pedestrian-oriented design, traffic circulation and open space that is compatible within itself and with the rest of the community business center. The purpose of the mixed use-residential (MU-R) zone is to provide a land use designation to encourage mixed use with an emphasis on residential uses. The purpose of the mixed use-commercial (MU-C) zone is to provide a land use designation for mixed use development focusing on commercial uses.

A. Provide an environment to live, work, shop and play within a single master-planned site.

B. The mixed use designation is intended to allow for the creative design and development of the land and be reviewed on the merits of the site design and compatibility with the vision set in the proposed draft comprehensive plan.

C. Develop with a common design including but not limited to buildings, sidewalks, trails, lighting, roads, parking, signs and parks/open space.

D. A mix of compatible uses to allow for internalization of trips and appropriate intensity of development as well as ensuring the safe and efficient movement of goods and people.

E. A site designed for pedestrian, bicycle and vehicle access and circulation or connections to the adjacent land uses.

F. Require sufficient housing density to enable cost-effective extension of utilities, services and to help sustain the mixed use development.

G. Provide a high level of amenities and protection for sensitive areas within or adjacent to the development by incorporating into the design natural features such as steep slopes, streams and wetlands.

H. Avoid development that represents strip commercial appearance.

I. Require the sites to have access to arterial streets.

J. Create public focal points and activity centers and provide a sense of community for the occupants and the public.

K. Housing types that are acceptable within a mixed use site include:

1. Apartments with five or more units per structure;

2. Fourplexes, eightplexes or more;

3. Townhouses;

4. Retirement homes/apartments;

5. Assisted care housing;

6. Multifamily residences above commercial uses (e.g., multiple apartments above retail or office uses). (Ord. 2001-239 § 2; Ord. 97-145 Exh. B).

18.04.050 Reserved.

(Ord. 97-145 Exh. B).

18.04.060 Reserved.

(Ord. 97-145 Exh. B).

18.04.070 Reserved.

(Ord. 97-145 Exh. B).

18.04.080 Residential zone.

A. The purpose of the urban residential zone (R) is to implement comprehensive plan goals and policies for housing quality, diversity and affordability, and to efficiently use residential land, public services and energy. These purposes are accomplished by:

1. Providing, in the R-1 through R-8 zones, for a mix of predominantly single detached dwelling units and other development types, with a variety of densities and sizes in locations appropriate for urban densities;

2. Providing, in the R-12 through R-48 zones, for a mix of predominantly apartment and townhome dwelling units and other development types, with a variety of densities and sizes in locations appropriate for urban densities;

3. Allowing only those accessory and complementary nonresidential uses that are compatible with residential communities; and

4. Establishing density designations to facilitate advanced area-wide planning for public facilities and services, and to protect environmentally sensitive sites from overdevelopment.

B. Use of this zone is appropriate in residential areas designated by the comprehensive plan as follows:

1. The R-1 zone on or adjacent to lands with area-wide environmental constraints, or in well-established subdivisions of the same density, which are served at the time of development by public or private facilities and services adequate to support planned densities;

2. The R-4 through R-8 zones on urban lands that are predominantly environmentally unconstrained and are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services; and

3. The R-12 through R-48 zones in appropriate areas of the city that are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services. (Ord. 97-145 Exh. B).

18.04.090 Neighborhood business zone.

A. The purpose of the neighborhood business zone (NB) is to provide convenient daily retail and personal services for a limited service area and to minimize impacts of commercial activities on nearby properties. These purposes are accomplished by:

1. Limiting nonresidential uses to those retail or personal services which can serve the everyday needs of a surrounding residential area;

2. Allowing for a mix of housing and retail/service uses; and

3. Excluding industrial and community/regional business-scaled uses.

B. Use of this zone is appropriate in neighborhood centers designated by the comprehensive plan which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services. (Ord. 97-145 Exh. B).

18.04.100 Community business zone.

A. The purpose of the community business zone (CB) is to provide convenience and comparison retail and personal services for local service areas which exceed the daily convenience needs of adjacent neighborhoods but which cannot be served conveniently by larger activity centers, and to provide retail and personal services in locations within activity centers that are not appropriate for extensive outdoor storage or auto-related and industrial uses. These purposes are accomplished by:

1. Providing for limited small-scale offices as well as a wider range of the retail, professional, governmental and personal services than are found in neighborhood business areas;

2. Allowing for a mix of housing and retail/service uses; and

3. Excluding commercial uses with extensive outdoor storage or auto-related and industrial uses.

B. Use of this zone is appropriate in commercial areas that are designated by the comprehensive plan and are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services. (Ord. 97-145 Exh. B).

18.04.110 Reserved.

(Ord. 97-145 Exh. B).

18.04.120 Office zone.

A. The purpose of the office zone (O) is to provide for pedestrian and transit-oriented high-density employment uses together with limited complementary retail and higher density residential development in locations within activity centers where the full range of commercial activities is not desirable. These purposes are accomplished by:

1. Allowing for uses that will take advantage of pedestrian-oriented site and street improvement standards;

2. Providing for higher building heights and floor area ratios than those found in the CB zone;

3. Reducing the ratio of required parking to building floor area;

4. Allowing for on-site convenient daily retail and personal services for employees and residences; and

5. Excluding auto-oriented, outdoor or other retail sales and services which do not provide for the daily convenience needs of on-site and nearby employees or residents.

B. Use of this zone is appropriate in commercial areas designated by the comprehensive plan which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services. (Ord. 97-145 Exh. B).

18.04.130 Community business center overlay zone.

A. The purpose of the community business center (CBC) overlay zone is to provide a commercial core area as a pedestrian-oriented mixed use focus for commercial and civic activities. The CBC overlay will enhance the downtown commercial core, preserve the Lake Boren area and encourage a new mixed use center in the Coal Creek area. These purposes are accomplished by:

1. Encouraging a pedestrian-oriented focus for commercial and civic activities;

2. Allowing multi-story quality infill development;

3. Allowing a mix of commercial and residential uses;

4. Protecting sensitive areas and open space; and

5. Implementing the CBC Design Guidelines.

B. Use of this overlay zone is appropriate in the Community Business Center/Lake Boren corridor area designated by the comprehensive plan. (Ord. 2001-239 § 3; Ord. 97-145 Exh. B).

18.04.135 Industrial zone.

A. The purpose of the industrial zone (I) is to provide for the location and grouping of industrial enterprises and activities involving manufacturing, assembly, fabrication, processing, bulk handling and storage, research facilities, warehousing and heavy trucking. It is also a purpose of this zone to protect the industrial land base for industrial economic development and employment opportunities. These purposes are accomplished by:

1. Allowing for a wide range of industrial and manufacturing uses;

2. Establishing appropriate development standards and public review procedures for industrial activities with the greatest potential for adverse impacts; and

3. Limiting residential, institutional, service, office and other nonindustrial uses to those necessary to directly support industrial activities.

B. Use of this zone is appropriate in industrial areas designated by the comprehensive plan which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services. (Ord. 2003-274 § 1; Ord. 2001-239 § 3; Ord. 97-145 Exh. B).

18.04.140 Regional use designation.

The purpose of the regional use designation (case file number following underlying zone’s map symbol) is to provide for the individual review of certain proposed uses with unique characteristics and adverse impacts on neighboring properties. Regional uses are of a size that involve activities which require individual review to determine compatibility with surrounding uses. (Ord. 97-145 Exh. B).

18.04.150 Reserved.

(Ord. 97-145 Exh. B).

18.04.160 Special district overlay.

The purpose of the special district overlay designation (-SO suffix to zone’s map symbol) is to carry out comprehensive plan policies that identify special opportunities for achieving public benefits by allowing or requiring alternative uses and development standards that differ from the general provisions of this title. Special district overlays are generally applied to a group of individual properties or entire planning subareas. (Ord. 97-145 Exh. B).

18.04.170 Newly annexed territory.

All newly annexed territory shall be designated R-1 until the zoning map is amended pursuant to NMC 18.04.190 and the annexed territory is classified in conformance with the city of Newcastle comprehensive plan. (Ord. 97-145 Exh. B).

18.04.180 Undesignated property.

All property not designated by the zoning map shall be designated LOS. (Ord. 2000-210 § 3; Ord. 97-145 Exh. B).

18.04.190 Zoning maps and boundaries.

A. The location and boundaries of the zones defined by this chapter shall be shown and delineated on a zoning map adopted by ordinance.

B. Changes in the boundaries of the zones shall be made by ordinance adopting or amending the zoning map. (Ord. 97-145 Exh. B).

Chapter 18.06
TECHNICAL TERMS AND LAND USE DEFINITIONS

Sections:

18.06.001 Scope of chapter.

18.06.005 Accessory living quarters.

18.06.008 Repealed.

18.06.010 Accessory use, commercial/industrial.

18.06.013 Accessory use, residential.

18.06.015 Adult entertainment business.

18.06.016 Adult family home.

18.06.018 Repealed.

18.06.020 Agricultural products.

18.06.023 Aircraft, ship and boat manufacturing.

18.06.025 Airport/heliport.

18.06.028 Alley.

18.06.029 Alteration.

18.06.030 Amusement arcades.

18.06.033 Repealed.

18.06.034 Antenna.

18.06.035 Apartment.

18.06.036 Applicant.

18.06.036.1 Aquatic area.

18.06.037 Assisted living.

18.06.038 Auction house.

18.06.039 Average finished grade.

18.06.043 Base flood.

18.06.045 Base flood elevation.

18.06.048 Bed and breakfast guesthouse.

18.06.050 Repealed.

18.06.052 Best management practices.

18.06.053 Billboard.

18.06.055 Billboard face.

18.06.057 Binding site plan.

18.06.059 Biologist.

18.06.060 Biologist, wetland.

18.06.061 Book, stationery, video and art supply store.

18.06.062 Boundary line adjustment.

18.06.063 Broadleaf tree.

18.06.065 Buffer, critical area.

18.06.068 Building.

18.06.069 Building area, building site.

18.06.070 Building, hardware and garden materials store.

18.06.073 Building coverage.

18.06.075 Building envelope.

18.06.078 Building facade.

18.06.079 Building height.

18.06.080 Building official.

18.06.083 Bulk retail.

18.06.085 Calculated LOS.

18.06.088 Campground.

18.06.090 Capacity, school.

18.06.093 Capital facilities plan, school.

18.06.095 Cattery.

18.06.098 Cemetery, columbarium or mausoleum.

18.06.100 Church, synagogue or temple.

18.06.103 Classrooms, school.

18.06.105 Clearing.

18.06.107 Repealed.

18.06.108 Coal mine hazard areas.

18.06.110 Cogeneration.

18.06.112 Co-location.

18.06.113 Repealed.

18.06.115 Repealed.

18.06.118 Community residential facility (CRF).

18.06.120 Compensatory storage.

18.06.121 Composting.

18.06.123 Conditional use permit.

18.06.124 Condominium.

18.06.125 Condominium conversion.

18.06.126 Conference center.

18.06.128 Repealed.

18.06.130 Consolidation.

18.06.133 Construction cost per student, school.

18.06.134 Creation.

18.06.135 Critical areas.

18.06.136 Critical drainage area.

18.06.138 Critical facility.

18.06.139 Cul-de-sac.

18.06.140 Daycare.

18.06.143 Deciduous.

18.06.145 Repealed.

18.06.148 Department.

18.06.150 Department and variety store.

18.06.153 Destination resort.

18.06.155 Developer.

18.06.157 Development.

18.06.158 Development activity.

18.06.160 Development agreement.

18.06.163 Development proposal.

18.06.165 Development proposal site.

18.06.168 Direct traffic impact.

18.06.170 Director.

18.06.171 Ditch.

18.06.173 Dormitory.

18.06.174 Drive-through.

18.06.175 Drop box facility.

18.06.178 Drug store.

18.06.180 Dwelling unit.

18.06.183 Dwelling unit, accessory.

18.06.195 Repealed.

18.06.198 Effective radiated power.

18.06.200 Elderly.

18.06.203 Electrical conversion substation.

18.06.205 Repealed.

18.06.206 Engineer, civil, geotechnical and structural.

18.06.208 Enhancement.

18.06.210 Equipment, heavy.

18.06.211 Equipment enclosure.

18.06.213 Erosion.

18.06.215 Erosion hazard area.

18.06.218 Evergreen.

18.06.223 Fabric shop.

18.06.225 Facilities standard, school.

18.06.228 Factory-built commercial building.

18.06.230 Repealed.

18.06.233 Family.

18.06.235 Federal Emergency Management Agency (FEMA) floodway.

18.06.238 Repealed.

18.06.240 Fence.

18.06.243 Flood fringe.

18.06.245 Flood hazard areas.

18.06.248 Flood insurance rate map.

18.06.250 Flood insurance study for King County.

18.06.253 Flood protection elevation.

18.06.255 Floodplain.

18.06.258 Floodproofing.

18.06.260 Floodway, zero-rise.

18.06.261 Floor area ratio.

18.06.263 Florist shop.

18.06.265 Repealed.

18.06.268 Forest practice.

18.06.270 Forest product sales.

18.06.273 Repealed.

18.06.274 Foster home.

18.06.274.5 Freestanding.

18.06.275 Frequency, electronic or electrical.

18.06.277 Furniture and home furnishings store.

18.06.278 Garage, parking or commercial.

18.06.279 Garage, private.

18.06.280 General business service.

18.06.283 Geologist.

18.06.285 Repealed.

18.06.288 Golf facility.

18.06.290 Grade span, school.

18.06.293 Grading.

18.06.295 Repealed.

18.06.298 Groundcover.

18.06.299 Hazard tree.

18.06.300 Hazardous household substance.

18.06.303 Hazardous substance.

18.06.304 Hearing examiner.

18.06.305 Heavy equipment repair.

18.06.308 Helistop.

18.06.310 Hobby, toy, and game shop.

18.06.313 Home industry.

18.06.315 Home occupation.

18.06.318 Repealed.

18.06.320 Hydroelectric generation facility.

18.06.321 Hydrologically connected.

18.06.323 Impervious surface.

18.06.324 Improved area.

18.06.325 Improved public roadways.

18.06.328 Individual transportation and taxi.

18.06.330 Interim recycling facility.

18.06.333 Jail.

18.06.335 Repealed.

18.06.338 Jewelry store.

18.06.340 Kennel.

18.06.342 Lake.

18.06.343 Repealed.

18.06.345 Landing field.

18.06.348 Landscaping.

18.06.350 Landslide.

18.06.353 Landslide hazard areas.

18.06.355 Level of service (LOS).

18.06.358 Light equipment.

18.06.360 Repealed.

18.06.363 Repealed.

18.06.365 Repealed.

18.06.368 Loading space.

18.06.369 Repealed.

18.06.370 Lot.

18.06.371 Lot area.

18.06.372 Lot, corner.

18.06.373 Lot coverage.

18.06.374 Lot depth.

18.06.375 Lot, interior.

18.06.376 Lot, irregular.

18.06.377 Lot line.

18.06.378 Repealed.

18.06.379 Lot line, front.

18.06.380 Lot line, rear.

18.06.381 Lot line, side.

18.06.382 Lot of record.

18.06.383 Lot, through.

18.06.384 Lot width.

18.06.385 Manager, city manager.

18.06.386 Material error.

18.06.387 Microbrewery/winery.

18.06.388 Microwave.

18.06.389 Mitigation.

18.06.390 Mobile home park.

18.06.391 Mobile or manufactured home.

18.06.392 Modular home.

18.06.393 Monitoring.

18.06.395 Monument, tombstone, and gravestone sales.

18.06.397 Motel.

18.06.398 Motor vehicle, boat and mobile home dealer.

18.06.400 Motor vehicle and bicycle manufacturing.

18.06.402 Multifamily.

18.06.403 Municipal water production.

18.06.405 Native vegetation.

18.06.408 Naturalized species.

18.06.410 Nonconformance.

18.06.413 Nonhydroelectric generation facility.

18.06.415 Nonionizing electromagnetic radiation (NIER).

18.06.418 Noxious weed.

18.06.419 Nursing or convalescent home.

18.06.420 Office.

18.06.421 Open space.

18.06.422 Open-work fence.

18.06.423 Ordinary high water mark.

18.06.425 Outdoor performance center.

18.06.428 Park.

18.06.430 Park service area.

18.06.431 Parking area.

18.06.432 Parking lot.

18.06.433 Parking lot aisle.

18.06.435 Parking lot unit depth.

18.06.438 Parking space.

18.06.440 Parking space angle.

18.06.443 Party of record.

18.06.445 Peak hour.

18.06.446 Pedestrian-oriented land use.

18.06.448 Permanent school facilities.

18.06.450 Personal medical supply store.

18.06.453 Pet shop.

18.06.455 Photographic and electronic shop.

18.06.458 Planned unit development (PUD).

18.06.460 Plant associations of infrequent occurrence.

18.06.461 Plat.

18.06.462 Principal residence.

18.06.463 Private.

18.06.465 Repealed.

18.06.468 Professional office.

18.06.470 Public agency.

18.06.473 Public agency animal control facility.

18.06.475 Public agency archive.

18.06.478 Public agency office.

18.06.480 Public agency training facility.

18.06.483 Public agency yard.

18.06.488 Repealed.

18.06.489 Recreational facilities.

18.06.490 Recreational vehicle (RV).

18.06.493 Recreational vehicle parks.

18.06.494 Rectification.

18.06.495 Recyclable material.

18.06.496 Recycling.

18.06.498 Repealed.

18.06.500 Regional utility corridor.

18.06.503 Relocatable facility, school.

18.06.505 Relocatable facilities cost per student.

18.06.508 Repealed.

18.06.510 Restoration, critical area.

18.06.513 Retail, comparison.

18.06.515 Retail, convenience.

18.06.518 Retention/detention facility.

18.06.519 Rezone.

18.06.519.5 Roadway.

18.06.520 Salmonid.

18.06.523 School bus base.

18.06.525 School district.

18.06.528 School district support facility.

18.06.530 Schools, elementary, and middle/junior high.

18.06.532 Schools, preschool.

18.06.533 Schools, secondary or high.

18.06.534 Screen, screening.

18.06.535 Secure community transition facilities (SCTF).

18.06.536 Seismic hazard areas.

18.06.538 Self-service storage facility.

18.06.540 Repealed.

18.06.541 Senior citizen assisted.

18.06.545 Setback.

18.06.546 Setback. front.

18.06.547 Setback, rear.

18.06.548 Setback, side.

18.06.550 Repealed.

18.06.553 Shelters for temporary placement.

18.06.554 Shooting range.

18.06.554.5 Shopping plaza.

18.06.555 Repealed.

18.06.556 Repealed.

18.06.558 Sign.

18.06.560 Sign, awning.

18.06.563 Sign, changing message center.

18.06.565 Sign, community bulletin board.

18.06.568 Sign, directional.

18.06.570 Sign, freestanding.

18.06.573 Sign, fuel price.

18.06.575 Sign, incidental.

18.06.578 Sign, indirectly illuminated.

18.06.580 Sign, monument.

18.06.583 Sign, off-premises directional.

18.06.585 Sign, on-premises.

18.06.588 Sign, permanent residential development identification.

18.06.590 Sign, portable.

18.06.593 Sign, projecting.

18.06.595 Sign, wall.

18.06.598 Significant tree.

18.06.599 Single detached.

18.06.600 Site cost per student.

18.06.601 Site plan.

18.06.602 Site plan review.

18.06.603 Repealed.

18.06.605 Repealed.

18.06.606 Solid waste.

18.06.608 Source-separated organic material.

18.06.610 Special use permit.

18.06.613 Specialized instruction school.

18.06.615 Specified sexual activities.

18.06.618 Sporting goods store.

18.06.620 Sports club.

18.06.623 Stable.

18.06.625 Standard of service, school.

18.06.628 Steep slope hazard areas.

18.06.630 Stream functions.

18.06.633 Streams.

18.06.635 Street.

18.06.638 Street frontage.

18.06.640 Structure.

18.06.641 Structure, residential.

18.06.643 Student factor.

18.06.644 Subdivision.

18.06.645 Subdivision, short.

18.06.647 Submerged land.

18.06.648 Substantial improvement.

18.06.648.5 Support structure.

18.06.649 Surface water conveyance.

18.06.649.5 Surface water discharge.

18.06.650 Temporary use permit.

18.06.653 Tightline to a sewer.

18.06.654 Townhome.

18.06.655 Trails.

18.06.658 Transfer station.

18.06.660 Transit base.

18.06.663 Transit park and ride lot.

18.06.665 Transitional housing facilities.

18.06.668 Transmission equipment, electronic.

18.06.670 Transmission line booster station.

18.06.673 Repealed.

18.06.675 Repealed.

18.06.678 Transportation system management (TSM).

18.06.679 Tributary drainage area.

18.06.680 Ultimate roadway section.

18.06.685 Use.

18.06.686 Used by salmonids.

18.06.687 Utility corridor.

18.06.688 Utility facility.

18.06.690 Variance.

18.06.693 Vegetation.

18.06.694 Vendor cart.

18.06.695 Vocational school.

18.06.698 Volcanic hazard area.

18.06.700 Warehousing and wholesale trade.

18.06.703 Wastewater treatment facility.

18.06.705 Water dependent use, critical area.

18.06.708 Repealed.

18.06.710 Wetland.

18.06.710.5 Wetland buffer.

18.06.711 Wetland edge.

18.06.712 Wetland, hydrologically isolated.

18.06.713 Wetland categories.

18.06.713.1 Wetland complex.

18.06.713.2 Wetland creation.

18.06.713.3 Wetland enhancement.

18.06.713.4 Wetland functions.

18.06.713.5 Wetland reestablishment.

18.06.713.6 Wetland rehabilitation.

18.06.714 Wetpond.

18.06.714.5 Wildlife.

18.06.715 Wildlife shelter.

18.06.716 Wireless communications facility.

18.06.717 Wireless communications facility permit.

18.06.718 Work release facility.

18.06.720 Yard waste processing facility.

18.06.001 Scope of chapter.

This chapter contains definitions of technical and procedural terms used throughout the code as well as definitions of land use shown in Chapter 18.08 NMC, Permitted Uses. See Chapter 18.02 NMC, Authority, Purpose, Interpretation and Administration, for rules on interpretation of the code, including use of these definitions. Development standards are found in Chapters 18.12 through 18.34 NMC. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.005 Accessory living quarters.

Living quarters in an accessory building for the use of the occupant or persons employed on the premises, or for temporary use of guests of the occupant. Such quarters have no kitchen and are not otherwise used as a separate dwelling unit. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.008 Accessory use, resource.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.010 Accessory use, commercial/industrial.

A. A use that is subordinate and incidental to a commercial or industrial use, including, but not limited to, the following uses:

1. Administrative offices;

2. Employee exercise facilities;

3. Employee food service facilities;

4. Incidental storage of raw materials and finished products sold or manufactured on-site;

5. Business owner or caretaker residence;

6. Cogeneration facilities; and

7. Ground maintenance facilities.

B. Some accessory uses within the scope of this section may be defined separately to enable the code to apply different conditions of approval. (Ord. 2005-311 § 1; Ord. 2003-274 § 1; Ord. 2001-239 § 4; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.013 Accessory use, residential.

A. A use, structure, or activity which is subordinate and incidental to a residence including, but not limited to, the following uses:

1. Accessory living quarters and dwellings;

2. Fallout/bomb shelters;

3. Keeping household pets;

4. On-site rental office;

5. Pools, private docks, and piers;

6. Antennas for private telecommunication services;

7. Storage of yard maintenance equipment; or

8. Storage of private vehicles, e.g., motor vehicles, boats, trailers or planes.

B. Some accessory uses within the scope of this section may be defined separately to enable the code to apply different conditions of approval. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.015 Adult entertainment business.

Adult entertainment business has the definition contained in NMC 5.10.010. (Ord. 2005-311 § 1; Ord. 98-180 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.016 Adult family home.

A regular family abode in which a person or persons provides personal care, special care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. (Ord. 2005-311 § 1).

18.06.018 Agricultural crop sales.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.020 Agricultural products.

Items resulting from the practice of agriculture, including crops such as fruits, vegetables, grains, seed, feed, and plants, or animal products such as eggs, milk, and meat. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.023 Aircraft, ship and boat manufacturing.

The fabrication and/or assembling of aircraft, ships or boats, and including uses located in SIC Industry Group Nos.:

A. 372 – Aircraft and parts; and

B. 373 – Ship and boat building and repairing. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.025 Airport/heliport.

Any runway, landing area or other facility excluding facilities for the primary use of the individual property owner which is designed or used by both public carriers or private aircraft for the landing and taking off of aircraft, including the following associated facilities:

A. Taxiways;

B. Aircraft storage and tie-down areas;

C. Hangars;

D. Servicing; and

E. Passenger and air freight terminals. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.028 Alley.

An improved thoroughfare or right-of-way, whether public or private, usually narrower than a street, that provides vehicular access to an interior boundary of one or more lots, and is not designed for general traffic circulation. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.029 Alteration.

For purposes of critical areas regulation, any human activity which results in or is likely to result in an impact upon the existing condition of a critical area. Alterations include, but are not limited to, grading, filling, dredging, draining, channelizing, applying pesticides, herbicides, fertilizers or any other hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying gravel, operating vehicles or equipment, modifying for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity which results or is likely to result in an impact to existing vegetation, hydrology, water quality, wildlife, habitat, critical areas or other resources or natural or built features. Alterations do not include walking, fishing or any other passive recreation or other similar activities. (Ord. 2005-311 § 1; Ord. 2000-224 § 2).

18.06.030 Amusement arcades.

A building or part of a building in which five or more pinball machines, video games, or other such player-operator amusement devices (excluding juke boxes or gambling-related machines) are operated. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.033 Animal, small.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.034 Antenna.

The specific device, the surface of which is used to capture an incoming and/or to transmit an outgoing radio-frequency signal. Antennas include the following types:

A. “Whip antenna” receives and transmits signals in a 360-degree pattern, and is up to 20 feet in height and up to four inches in diameter.

B. “Panel antenna” receives and transmits signals in a directional pattern typically encompassing an arc of 120 degrees.

C. “Parabolic (or dish) antenna” means a bowl-shaped device that receives and transmits signals in a specific directional pattern.

D. “Cylindrical antenna” means an antenna that transmits in a directional or omni-directional pattern.

E. “Ancillary antenna” means an antenna that is 12 inches or less in its largest dimension and includes a wire antenna no greater than three feet long.

F. Other. All other transmitting or receiving equipment not specifically described herein shall be regulated in conformity with the type of antenna described herein which most closely resembles such equipment. (Ord. 2005-311 § 1; Ord. 2001-242 § 1).

18.06.035 Apartment.

A building containing two or more dwelling units which may be stacked, on one or more dwellings or nonresidential uses. (Ord. 2005-311 § 1; Ord. 2001-248 § 5; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.184).

18.06.036 Applicant.

A property owner or any person or entity acting as an agent for the property owner in an application for a development proposal, permit or approval. (Ord. 2005-311 § 1; Ord. 2001-248 § 6; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.035).

18.06.036.1 Aquatic area.

“Aquatic area” means any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. “Aquatic area” does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. (Ord. 2005-325 § 1).

18.06.037 Assisted living.

An establishment which provides living quarters and a variety of limited personal care and supportive health care to individuals who are unable to live independently due to infirmity of age, or physical or mental handicap, but do not need the skilled nursing care of a convalescent or nursing home. These facilities may consist of individual dwelling units of a barrier-free design, with separate bathroom facilities, a full kitchen or no kitchen. The facility may provide a minimal amount of supportive health care monitoring, such as assistance with medication, but is limited to health care services which do not require state or federal licensing. In addition, these facilities may have a communal dining room, recreation facilities (library, lounge, or game room), laundry facilities and open space. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.038 Auction house.

An establishment where the property of others is sold by a broker or auctioneer to persons who attend scheduled sales periods or events. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.039 Average finished grade.

The average finished grade shall be determined by first delineating the smallest rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the rectangle; provided, that the measured elevations do not include berms. (Ord. 2005-311 § 1; Ord. 2000-210 § 4).

18.06.043 Base flood.

A flood having a one percent chance of being equaled or exceeded in any given year, often referred to as the “100-year flood.” (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.045 Base flood elevation.

The water surface elevation of the base flood in relation to the National Geodetic Vertical Datum of 1929. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.048 Bed and breakfast guesthouse.

A dwelling unit or accessory building within which bedrooms are available for paying guests. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.050 Beehive.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.052 Best management practices.*

Schedule of activities, prohibition of practices, maintenance procedures, and structural and/or managerial practices, that when used singly or in combination:

A. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics, and sediment;

B. Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands; and

C. Prevent or reduce the release of pollutants to the natural environment. (Ord. 2005-311 § 1; Ord. 2001-242 § 2; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

*Code reviser’s note: Ordinance 2005-311 sets out the provisions of this section as Section 18.06.058. The section has been editorially renumbered to preserve alphabetization.

18.06.053 Billboard.

A sign, including both the supporting structural framework and attached billboard faces, used principally for advertising a business activity, use, product, or service unrelated to the primary use or activity of the property on which the billboard is located; excluding off-premises directional or temporary real estate signs. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.055 Billboard face.

That portion of a billboard, exclusive of its structural support, on which changeable advertising copy is displayed, either by affixing preprinted poster panels or by painting copy on location; subclassified as follows:

A. Billboard face I – a billboard face not exceeding a height of 14 feet or a width of 48 feet; and

B. Billboard face II – a billboard face not exceeding a height of 12 feet or a width of 24 feet. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.057 Binding site plan.

A “binding site plan” is a division of land into lots or tracts classified for industrial or commercial use as provided by RCW 58.17.020 and 58.17.040. (Ord. 2005-311 § 1).

18.06.059 Biologist.

A person who has earned at least a Bachelor of Science degree in the biological sciences from an accredited college or university or who has equivalent educational training and experience. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.060 Biologist, wetland.

A person who has earned at least a Bachelor of Science or Bachelor of Arts or equivalent degree in botany, soil science, wildlife science, environmental studies, or related field from an accredited college or university and at least two years’ experience performing wetland delineations, preparing delineation reports, and/or preparing mitigation plans; or who has equivalent educational training and experience; or who is a certified professional wetland scientist or wetlands professional in training with the Society of Wetland Scientists. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.061 Book, stationery, video and art supply store.

An establishment engaged in the retail sale of books and magazines, stationery, records and tapes, video and art supplies, including uses located in SIC Industry Nos.:

A. 5942 – Book stores;

B. 5943 – Stationery stores;

C. 5999 – Architectural supplies and artists’ supply and materials stores;

D. 7841 – Video tape rental;

E. 5735 – Record and prerecorded tape stores; and

F. 5736 – Musical instrument stores. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.062 Boundary line adjustment.

A “boundary line adjustment” is the adjustment of a boundary line of a recorded lot by the relocation of a common boundary where no additional lot is created and where no lot is reduced below the minimum requirements established by this title. (Ord. 2005-311 § 1).

18.06.063 Broadleaf tree.

A tree characterized by leaves that are broad in width and may include both deciduous and evergreen species. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.065 Buffer, critical area.

A designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to a stream or wetland intended to protect the stream or wetland and be an integral part of the stream or wetland ecosystem. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.068 Building.

Any structure having a roof. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.069 Building area, building site.

That portion of a lot within which a structure may be built, bounded by the setbacks. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.070 Building, hardware and garden materials store.

An establishment engaged in selling lumber and other building materials, feed, and lawn and garden supplies; including, but not limited to, uses located in SIC Major Group No. 52 – Building materials, hardware, garden supply, excluding mobile home dealers. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.073 Building coverage.

Area of a lot that is covered by the total horizontal surface area of the roof of a building, exclusive of eaves of 18 inches or less. Calculations of building coverage shall include that portion of any roof or eave that exceeds 18 inches. (Ord. 2005-311 § 1; Ord. 2003-272 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.075 Building envelope.

Area of a lot that delineates the limits of where a building may be placed on the lot. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.078 Building facade.

That portion of any exterior elevation of a building extending from the grade of the building to the top of the parapet wall or eaves, for the entire width of the building elevation. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.079 Building height.

The vertical distance measured from the average finished grade to the highest point of a flat roof, or to mean height between the eaves and ridge of a pitched roof. Specifically excluded from this definition and from the regulation of maximum building height are structural elements not intended for habitation and not exceeding 10 feet above the maximum building height including structures housing or screening mechanical and elevator equipment, stairways, tanks, skylights, chimneys, smoke and ventilation stacks, flag poles, mechanical and elevator equipment, and parapet walls designed solely to screen mechanical and elevator equipment. Also excluded from this definition and from the regulation of maximum building height are flag poles, church steeples, utility line towers and poles, and similar structures. The height of wireless communications facilities are regulated per Chapter 18.25 NMC. (Ord. 2005-311 § 1; Ord. 2000-210 § 5; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.080 Building official.

The officer or other designated authority charged with administration and enforcement of the Uniform Administrative Code published by the International Conference of Building Officials, as well as other building-related regulations adopted by the city. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.083 Bulk retail.

An establishment offering the sale of bulk goods to the general public, including limited sales to wholesale customers. These establishments may include a variety of lines of merchandise such as food, building, hardware and garden materials, dry goods, apparel and accessories, home furnishings, housewares, drugs, auto supplies, hobby, toys, games, photographic, and electronics. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.085 Calculated LOS.

A quantitative measure of traffic congestion identified by a declining letter scale (A-F) as calculated by the methodology contained in the 1985 Highway Capacity Manual Special Report 209 or as calculated by another method approved by the department. LOS “A” indicates free flow of traffic with no delays while LOS “F” indicates jammed conditions or extensive delay. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.088 Campground.

An area of land on which accommodations for temporary occupancy such as tents or recreational vehicles without hook-up facilities are permitted and which is used primarily for recreational purposes. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.090 Capacity, school.

The number of students a school district’s facilities can accommodate district-wide, based on the district’s standard of service, as determined by the school district. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.093 Capital facilities plan, school.

The school facilities element of the city’s CIP consisting of:

A. A forecast of future needs for school facilities based on the enrollment projections;

B. The long-range construction and capital improvements projects;

C. The schools under construction or expansion;

D. The proposed locations and capacities of expanded or new school facilities;

E. At least a six-year financing plan component, updated as necessary to maintain at least a six-year forecast period, for financing needed school facilities within projected funding levels, and identifying sources of financing for such purposes, including bond issues authorized by the voters and projected bond issues not yet authorized by the voters;

F. Any other long-range projects planned by the appropriate school district;

G. The current capacity of the appropriate district’s school facilities based on the district’s adopted standard of service, and a plan to eliminate existing deficiencies, if any, without the use of impact fees; and

H. An inventory showing the location and capacity of existing school facilities. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.095 Cattery.

A place where adult cats are temporarily boarded for compensation, whether or not for training. An adult cat is of either sex, altered or unaltered, that has reached the age of six months. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.098 Cemetery, columbarium or mausoleum.

Land or structures used for burial of the dead. For purposes of this code, pet cemeteries are considered a subclassification of this use. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.100 Church, synagogue or temple.

A place where religious services are conducted, and including accessory uses in the primary or accessory buildings such as religious education, reading rooms, assembly rooms, and residences for nuns and clergy, but excluding facilities for training of religious orders; including uses located in SIC Industry No. 866. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.103 Classrooms, school.

Educational facilities of the district required to house students for its basic educational program. The classrooms are those facilities the district determines are necessary to best serve its student population. Specialized facilities as identified by the district, including but not limited to gymnasiums, cafeterias, libraries, administrative offices, and child care centers, shall not be counted as classrooms. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.105 Clearing.

The limbing, pruning, trimming, topping, cutting or removal of vegetation or other organic plant matter by physical, mechanical, chemical or other means. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.107 Coal mine byproducts stockpiles.

Repealed by Ord. 2005-311. (Ord. 2000-224 § 3).

18.06.108 Coal mine hazard areas.

Those areas in the city directly underlain or affected by operative or abandoned subsurface coal mine workings such as adits, tunnels, drifts, or air shafts. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.110 Cogeneration.

The sequential generation of energy and useful heat from the same primary source or fuel for industrial, commercial, or residential heating or cooling purposes. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.112 Co-location.

The use of a single support structure and/or site by more than one wireless communications provider. (Ord. 2005-311 § 1; Ord. 2001-242 § 3).

18.06.113 Communications facility, major.

Repealed by Ord. 2001-242. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.115 Communications facility, minor.

Repealed by Ord. 2001-242. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.118 Community residential facility (CRF).

Living quarters meeting applicable federal and state standards that function as a single housekeeping unit and provide support services including but not limited to counseling, rehabilitation and medical supervision which is classified in NMC 18.08.030 as group residences; if staffed by nonresident staff, each 24 staff hours per day equals one full-time residing staff member for subclassifying CRFs. The definition of CRF excludes drug and alcohol detoxification (SIC – 809) and secure community transition facilities (NMC 18.06.535). CRFs are further classified as follows:

A. CRF- I – one to 10 residents and staff; and

B. CRF-II – 11 or more residents and staff. (Ord. 2005-311 § 1; Ord. 2002-262 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.120 Compensatory storage.

New, excavated storage volume equivalent to any flood storage which is eliminated by building, filling or grading within the floodplain. For the purpose of this definition, equivalent flood storage capacity is that which is replaced by equal volume between corresponding one-foot contour intervals which are hydraulically connected to the floodway through their entire depth. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.121 Composting.

The controlled degradation of organic waste yielding a product for use as a soil conditioner. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.123 Conditional use permit.

Permit granted by the city, after review at a public hearing pursuant to NMC Title 19, to locate a permitted use on a particular property subject to conditions placed on the permitted use to ensure compatibility with nearby land uses. (Ord. 2005-311 § 1; Ord. 2002-254 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.124 Condominium.

A multiple-family dwelling, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the dwelling unit owners, and unless a declaration and a survey map and plans have been recorded. (Ord. 2005-311 § 1).

18.06.125 Condominium conversion.

A “condominium conversion” is the filing of a declaration to the Condominium Act, Chapter 64.34 RCW, of the sale by a developer of condominium units that were previously rental units. (Ord. 2005-311 § 1).

18.06.126 Conference center.*

An establishment developed primarily as a meeting facility; including facilities for recreation and related activities provided for conference participants, excluding overnight lodging. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

*Code reviser’s note: Ordinance 2005-311 sets out the provisions of this section as Section 18.06.125. The section has been editorially renumbered to preserve alphabetization.

18.06.128 Confinement area.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.130 Consolidation.

The relocation to a consolidated transmission structure of the main transmit antennas of two or more FCC broadcast licensees which, prior to such relocation, utilized transmission structures located within a 1,500-foot radius of the center of the consolidated transmission structure to support their main transmit antennas. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.133 Construction cost per student, school.

The estimated cost of construction of a permanent school facility in the district for the grade span of school to be provided, as a function of the district’s facilities standard per grade span and taking into account the requirements of students with special needs. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.134 Creation.

For purposes of critical areas regulation, an action which creates a new critical area to replace a critical area which has been eliminated or altered. (Ord. 2005-311 § 1; Ord. 2000-224 § 4).

18.06.135 Critical areas.

Any of those areas in the city of Newcastle which are subject to natural hazards or those land features which support unique, fragile or valuable natural resources including fish, wildlife and other organisms and their habitat and such resources which carry, hold or purify water in their natural state. Critical areas include erosion hazard areas, flood hazard areas, landslide hazard areas, seismic hazard areas, steep slope hazard areas, streams and wetlands. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994. Formerly 18.06.543).

18.06.136 Critical drainage area.*

An area which has been formally determined by the King County surface water management division to require restrictive regulation in order to mitigate severe flooding, drainage, erosion or sedimentation problems which result from the cumulative impacts of development and urbanization. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

*Code reviser’s note: Ordinance 2005-311 sets out the provisions of this section as Section 18.06.135. The section has been editorially renumbered to preserve alphabetization.

18.06.138 Critical facility.

A facility necessary to protect the public health, safety and welfare and which is defined under the occupancy categories of “essential facilities,” “hazardous facilities” and “special occupancy structures” in the International Building/Residential Code. These facilities include, but are not limited to, schools, hospitals, nursing homes and police stations, fire departments and other emergency response facilities. Critical facilities also include nursing homes, public roadway bridges and sites for hazardous substance storage or production, not including the temporary storage of consumer products containing hazardous substances intended for household use or for retail sale on the site. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.139 Cul-de-sac.

A “cul-de-sac” is a short street having one end open to traffic and being permanently terminated by a vehicle turnaround. Any permanent cul-de-sac shall not serve more than 13 potential single-family dwelling units and shall not be longer than 600 feet measured from centerline of intersecting street to the center of the bulb section. (Ord. 2005-311 § 1).

18.06.140 Daycare.

An establishment for group care of nonresident adults or children.

A. Daycare shall include, but not be limited to, SIC Industry No. 835, Child daycare services, SIC Industry No. 8322, Adult daycare centers, and the following:

1. Adult daycare, such as adult day health centers or social daycare as defined by the Washington State Department of Social and Health Services;

2. Nursery schools for children under minimum age for education in public schools;

3. Privately conducted kindergartens or prekindergartens when not a part of a public or parochial school; and

4. Programs covering after-school care for school children.

B. Daycare establishments are subclassified as follows:

1. Daycare I – a maximum of 12 adults or children in any 24-hour period; and

2. Daycare II – over 12 adults or children in any 24-hour period. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.143 Deciduous.

A plant species with foliage that is shed annually. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.145 Density credit, transfer (TDC).

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.148 Department.

“Department” means the department of community development or such department’s officially designated names. (Ord. 2005-311 § 1; Ord. 97-153 § 16; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.150 Department and variety store.

An establishment engaged in the retail sale of a variety of lines of merchandise, such as dry goods, apparel and accessories, home furnishings, housewares, and including uses located in SIC Major Group and Industry Nos.:

A. 53 – General merchandise;

B. 5947 – Gift, novelty, and souvenir shops; and

C. 5948 – Luggage and leather goods stores. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.153 Destination resort.

An establishment for resource-based recreation and intended to utilize outdoor recreational opportunities, including related services, which may include food, overnight lodging, equipment rentals, entertainment and other conveniences for guests of the resort. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.155 Developer.

The person or entity who owns or holds purchase options or other development control over property for which development activity is proposed. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.157 Development.

“Development” includes any activity that would require a land use permit or approval from the city or any other local, state, or federal jurisdiction. Development activity includes, but is not limited to, clearing or grading activity, building or construction activity, dredging or filling, etc. “Development” is all structures and other modifications of the natural landscape above and below ground or water, including the division of land into two or more parcels, on a particular site. (Ord. 2005-311 § 1).

18.06.158 Development activity.

Any construction or expansion of a building, structure or use, any change in use of a building or structure, or any change in the use of land that creates additional demand for school facilities. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.160 Development agreement.

A recorded agreement between an applicant and the city of Newcastle which incorporates the site plans, development standards, and other features of the approved development. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.163 Development proposal.

“Development proposal,” as it pertains to this title, is defined as any of the following types of development that requires a land use permit or approval from the city of Newcastle: binding site plans, site plans, planned unit developments, subdivisions, and short subdivisions. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.165 Development proposal site.

The legal boundaries of the parcel or parcels of land for which an applicant has or should have applied for authority from the city of Newcastle to carry out a development proposal. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.168 Direct traffic impact.

Any increase in vehicle traffic generated by a proposed development which equals or exceeds 10 peak hour, peak direction vehicle trips on any roadway or intersection. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.170 Director.

The director of the department of community development of the city of Newcastle or the director’s authorized representative or any representative authorized by the city manager. (Ord. 2005-311 § 1; Ord. 2002-254 § 2; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.171 Ditch.

A wholly artificial open channel used or constructed for the purpose of conveying water. (Ord. 2005-311 § 1; Ord. 2000-224 § 5).

18.06.173 Dormitory.

A residential building that provides sleeping quarters, but not separate dwelling units, and may include common dining, cooking and recreation or bathing facilities. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.174 Drive-through.

A drive-through is an access to a use that serves customers who pull up in their vehicles. Orders are taken and goods or services are provided using a window or microphone, while the customers remain in their vehicles. (Ord. 2007-364 § 2).

18.06.175 Drop box facility.

A facility used for receiving solid waste and recyclables from off-site sources into detachable solid waste containers, including the adjacent areas necessary for entrance and exit roads, unloading and vehicle turnaround areas. Drop box facilities normally service the general public with loose loads and may also include containers for separated recyclables. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.178 Drug store.

An establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics and related supplies, including uses located in SIC Industry Group and Industry Nos.:

A. 591 – Drug stores and proprietary stores;

B. 5993 – Tobacco stores and stands; and

C. 5999 – Cosmetics stores. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.180 Dwelling unit.

One or more rooms designed for occupancy by a person or family for living and sleeping purposes, containing kitchen and sanitation facilities and rooms with internal accessibility, for use solely by the dwelling’s occupant, including but not limited to bachelor, efficiency and studio apartments, factory-built housing and mobile homes. (Ord. 2005-311 § 1; Ord. 2001-248 § 4; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.183 Dwelling unit, accessory.

A habitable living unit added to, created within, or detached from a single-family dwelling that contains facilities for living, sleeping, eating, cooking and sanitation. (Ord. 2005-311 § 1; Ord. 2000-216 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.195 Earth station.

Repealed by Ord. 2001-242. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.198 Effective radiated power.

The product of the antenna power input and the numerical antenna power gain. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.200 Elderly.

A person 62 years of age or older. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.203 Electrical conversion substation.

A site containing equipment for the conversion of high voltage electrical power transported through transmission lines into lower voltages transported through distribution lines and suitable for individual users. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.205 Energy resource recovery facility.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.206 Engineer, civil, geotechnical and structural.

A. Civil engineer: an engineer who is licensed as a professional civil engineer by the state of Washington;

B. Geotechnical engineer: an engineer who is licensed as a professional civil engineer by the state of Washington and who has at least four years of relevant professional employment in the field of geotechnical, geological or mining engineering; and

C. Structural engineer: a structural engineer licensed as a professional civil engineer by the state of Washington and who has at least four years of relevant professional employment in the field of structural engineering. (Ord. 2005-311 § 1; Ord. 2000-224 § 6).

18.06.208 Enhancement.

For purposes of critical areas regulation, an action which improves the functions of a critical area or buffer. (Ord. 2005-311 § 1; Ord. 2000-224 § 7; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.210 Equipment, heavy.

High-capacity mechanical devices for moving earth or other materials, and mobile power units including, but not limited to:

A. Carryalls;

B. Graders;

C. Loading and unloading devices;

D. Cranes;

E. Drag lines;

F. Trench diggers;

G. Tractors;

H. Augers;

I. Bulldozers;

J. Concrete mixers and conveyers;

K. Harvesters;

L. Combines; or

M. Other major agricultural equipment and similar devices operated by mechanical power as distinguished from manpower. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.211 Equipment enclosure.

A small structure, shelter, cabinet, fenced area, or vault used to house and protect the electronic equipment necessary for processing wireless communications signals. Associated equipment may include air conditioning. (Ord. 2005-311 § 1; Ord. 2001-242 § 7).

18.06.213 Erosion.

The process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.215 Erosion hazard area.

Those areas in the city of Newcastle underlain by soils which are subject to severe erosion when disturbed. Such soils include but are not limited to those classified as having a severe to very severe erosion hazard according to the USDA Soil Conservation Service, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources. These soils include, but are not limited to:

A. Any occurrence of River Wash (“Rh”) and any of the following when they occur on slopes 15 percent or steeper:

1. The Alderwood gravelly sandy loam (AgD);

2. The Alderwood and Kitsap soils (AkF);

3. The Beausite gravelly sandy loam (BeD and BeF);

4. The Kitsap silt loam (KpD);

5. The Ovall gravelly loam (OvD and OvF);

6. The Ragnar fine sandy loam (RaD); and

7. The Ragnar-Indianola Association (RdE); and

B. Those which represent significant risk to sensitive receiving waters due to the proximity to those receiving waters and the size of the disturbed area. (Ord. 2005-311 § 1; Ord. 2000-224 § 8; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.218 Evergreen.

A plant species with foliage that persists and remains green year-round. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.223 Fabric shop.

An establishment engaged in the retail sale of sewing supplies and accessories, including uses located in SIC Industry Nos.:

A. 5949 – Sewing, needlework, and piece goods stores; and

B. Awning shops, banner shops, and flag shops found in 5999. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.225 Facilities standard, school.

The space required, by grade span and taking into account the requirements of students with special needs, which is needed in order to fulfill the educational goals of the school district as identified in the district’s capital facilities plan. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.228 Factory-built commercial building.

Any structure that is either entirely or substantially prefabricated or assembled at a place other than a building site; and designed or used for nonresidential human occupancy. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.230 Fairground.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.233 Family.

A single housekeeping unit. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.235 Federal Emergency Management Agency (FEMA) floodway.

The channel of the stream and that portion of the adjoining floodplain which is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.238 Feed store.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.240 Fence.

A barrier for the purpose of enclosing space or separating lots, composed of:

A. Masonry or concrete walls, excluding retaining walls; or

B. Wood, metal or concrete posts connected by boards, rails, panels, wire or mesh. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.243 Flood fringe.

That portion of the floodplain outside of the zero-rise floodway which is covered by floodwaters during the base flood, generally associated with standing water rather than rapidly flowing water. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.245 Flood hazard areas.

Those areas in the city of Newcastle subject to inundation by the base flood including, but not limited to, streams, lakes, wetlands and closed depressions. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.248 Flood insurance rate map.

The official map on which the Federal Insurance Administration has delineated some areas of flood hazard. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.250 Flood insurance study for King County.

The official report provided by the Federal Insurance Administration which includes flood profiles and the flood insurance rate map. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.253 Flood protection elevation.

An elevation which is one foot above the base flood elevation. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.255 Floodplain.

The total area subject to inundation by the base flood. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.258 Floodproofing.

Adaptations which will make a structure that is below the flood protection elevation substantially impermeable to the passage of water and resistant to hydrostatic and hydrodynamic loads including the impacts of buoyancy. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.260 Floodway, zero-rise.

The channel of a stream and that portion of the adjoining floodplain which is necessary to contain and discharge the base flood flow without any measurable increase in flood height. A measurable increase in base flood height means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to development in the floodplain. This definition is broader than that of the FEMA floodway, but always includes the FEMA floodway. The boundaries of the 100-year floodplain, as shown on the flood insurance study for King County, are considered the boundaries of the zero-rise floodway unless otherwise delineated by a critical area special study. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.261 Floor area ratio.

“Floor area ratio” means a ratio expressing the relationship between the amount of gross floor area permitted in one or more structures and the net area of the lot on which the structure is, or structures are, located, as depicted below. For the purposes of calculating FAR, net lot area excludes areas that are dedicated open space or critical areas or buffers in addition to the portions of a parcel that are excluded under the definition of lot area.

(Ord. 2007-364 § 2).

18.06.263 Florist shop.

An establishment engaged in the retail sale of flowers and plants, including uses located in SIC Industry Nos.:

A. 5992 – Florists; and

B. 5999 – Artificial flowers. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.265 Forest land.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.268 Forest practice.

Any activity regulated by the Washington Department of Natural Resources in WAC Title 222 or Chapter 79.09 RCW for which a forest practice permit is required, together with:

A. Fire prevention, detection and suppression; and

B. Slash burning or removal. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.270 Forest product sales.

The sale of goods produced, extracted, consumed, gathered or harvested from a forest including, but not limited to:

A. Trees;

B. Wood chips;

C. Logs;

D. Fuelwood;

E. Cones;

F. Christmas trees;

G. Berries;

H. Herbs; or

I. Mushrooms. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.273 Forest research.

Repealed by Ord. 2005-311. (Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.274 Foster home.

A home licensed and regulated by the state and classified by the state as a foster home, providing care and guidance for not more than three unrelated juveniles. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.274.5 Freestanding.

Entirely supported from the ground. (Ord. 2005-311 § 1; Ord. 2001-242 § 8).

18.06.275 Frequency, electronic or electrical.

The number of times the current from a given source of nonionizing electromagnetic radiation changes from a maximum positive level through a maximum negative level and back to a minimum positive level in one second; measured in cycles per second or Hertz (Hz). (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.277 Furniture and home furnishings store.

An establishment engaged in the retail sale of household furniture and furnishings for the home, including uses located in SIC Major Group and Industry Nos.:

A. 57 – Home furniture, furnishings, and equipment stores, except Industry Group No. 573; and

B. Baby carriages, cake-decorating supplies, hot tubs, picture frames (ready-made), swimming pools (above-ground, not site-built), telephone stores and typewriter stores found in 5999. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.278 Garage, parking or commercial.

A building used for storage, repair or servicing of motor vehicles as a commercial use. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.279 Garage, private.

An accessory building or space within the principal building used for storage of vehicles or boats. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.280 General business service.

An establishment engaged in providing services to businesses or individuals, with no outdoor storage or fabrication, including uses located in SIC Major Group Nos.:

A. 60 – Depository institutions;

B. 61 – Nondepository credit institutions;

C. 62 – Security and commodity brokers, dealers, exchanges, and services;

D. 63 – Insurance carriers;

E. 65 – Real estate, except 653 (Real estate agents and managers);

F. 67 – Holding and other investment offices;

G. 7299 – Miscellaneous personal services, not elsewhere classified;

H. 73 – Business services, except Industry Group and Industry No. 7312 – Outdoor advertising services; and

I. 86 – Membership organizations, including administrative offices of organized religions found in 8661, but excluding churches and places of worship. (Ord. 2005-311 § 1; Ord. 45 § 1, 1994; Ord. 18 § 1, 1994).

18.06.283 Ge