Unlisted Words and Phrases. The definition of any word or phrase not listed in this title, which is in question when administering this title, shall be defined from one of the following sources which are incorporated herein and adopted by reference. Said sources shall be utilized to find the desired definition in the order listed as follows:
3. Any other portion of the Lakewood Municipal Code or other City resolution, ordinance, or regulations.
4. Any statute or regulation of the State of Washington, beginning with the most applicable first.
5. Legal determinations and definitions from applicable case law.
6. Legal definitions from the most recent edition of Black’s Law Dictionary.
7. Definitions from Webster’s Dictionary or other common dictionary.
“Abandoned sign” means any sign which is no longer standing erect, is not adequately maintained and/or may be deemed hazardous or unsafe by the City Engineer.
“Abutting” means lots sharing common property lines.
“Access” means the way or means by which pedestrians and vehicles enter and leave property.
“Accessory building” means a detached subordinate building, the use of which is customarily incidental to that of the principal building or to the principal use of the land and which is located on the same tract with the principal building or use.
“Accessory dwelling unit (ADU)” means a habitable dwelling unit added to, created within, or detached from and on the same lot with a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation.
“Accessory dwelling unit, detached” means an accessory dwelling unit (ADU) that consists partly or entirely of a building that is separate and detached from a single-family housing unit, duplex, triplex, townhome, or other housing unit.
“Accessory living quarters” means a single residential dwelling unit that is an attached or detached part of a commercial or manufacturing building, and which is incidental to the commercial or manufacturing use.
“Accessory retail or services” means retail sale of various products, or the provision of certain personal services within a health care, hotel, office, or industrial complex, to employees or customers; also includes retail that is incidental to a primary use conducted on the same premises where no more than twenty (20) percent of the gross floor area is devoted to retail sales. Examples of these uses include pharmacies within hospitals and medical clinics; a prescription optician’s shop within an ophthalmologist office; a gift shop and food service establishment within a hospital; gift and convenience stores and food service establishments within hotel, office and industrial complexes; barber and beauty shops within residential care facilities; and a manufacturing/processing or artisan/craft product manufacturing use with an incidental retail sales area.
“Accessory storage building” means:
2. Cargo containers, railroad cars, truck vans, converted mobile homes, trailers, recreational vehicles, bus bodies, vehicles and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials are not accessory storage buildings.
“Accessory structure” means a structure either attached or detached from a principal building and located on the same lot and which is customarily incidental and subordinate to the principal building or use.
“Accident Potential Zone (APZ) I ” means a zone that lies beyond the Clear Zone, and is in an area of lower, but still considerable, aircraft accident potential. JBLM APZs are illustrated in Figure 3A of Chapter 18A.10 LMC, McChord Field North Clear Zone and Accident Potential Zones.
“Accident Potential Zone (APZ) II” means a zone that lies beyond APZ-I and possesses less aircraft accident potential than APZ-I, but the potential is still high enough to warrant land use restrictions. JBLM APZs are illustrated in Figure 3A of Chapter 18A.10 LMC, McChord Field North Clear Zone and Accident Potential Zones.
“Accident Potential Zone (APZ) surfaces” means: APZ I, which begins at the outer end of the CZ and is five thousand (5,000) feet long and three thousand (3,000) feet wide; and APZ II, which begins at the outer end of APZ I and is seven thousand (7,000) feet long and three thousand (3,000) feet wide.
“Adaptive reuse” means the process of reusing an existing building for a purpose other than which it was originally built or designed for.
“Adequate public facilities” means facilities which have the capacity to serve development without decreasing levels of service below locally established minimums.
“Adult entertainment” means any entertainment that includes the following:
1. Any public exhibition, performance, dance or conduct of any type where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
2. Any public exhibition, performance, dance or conduct of any type that is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities:
a. Human genitals in a state of sexual stimulation or arousal.
b. Acts of human masturbation, sexual intercourse or sodomy.
c. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
d. Any exhibition, performance, dance or conduct which is intended to sexually stimulate any member of the public. This includes, but is not limited to, any such exhibition, performance, dance or conduct performed for, arranged with or engaged in with fewer than all members of the public for which payment is made, either directly or indirectly, for such performance, exhibition, dance or conduct.
Provided, however, that for the purposes of this title, adult entertainment activities do not include the following: plays, operas, musicals, or other dramatic works that are not obscene; classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or exhibitions, performances, expressions or dances that are not obscene. Provided, however, that the exemptions listed above shall not apply to sexual conduct defined in LMC 5.16.010, or the sexual conduct described in RCW 7.48A.010(2)(b)(ii) and (2)(b)(iii).
“Adult family home” means a residential home in which a person or persons provide personal care, special care, room and board to more than one (1) but not more than eight (8) adults who are not related by blood or marriage to the person or persons providing the services (RCW 70.128.010 and Chapter 220, Laws of 2020). Adult family homes shall serve those with functional limitations and are not intended to serve those with a history of violence, including sex offenses. See also “Group home.”
“Adult-oriented merchandise” means any goods, products, commodities, or other wares, including but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals or nonclothing novelties, which depict, describe or simulate the anatomical areas or sexual activities described under the definition of adult entertainment listed above.
“Adult retail use” means a retail establishment which, for money or any other form of consideration, either:
1. Has, as a primary part of its business, the purpose or function of selling, exchanging, renting, loaning, trading, transferring, and/or providing for viewing or using, off the premises, any adult-oriented merchandise. For the purposes of this title, a “primary part of its business” includes, but is not limited to, instances where a business provides or has advertising displays, merchandise, or product information reasonably visible to customers and other persons within the business facilities that shows, displays, or otherwise depicts adult-oriented merchandise or other sexually oriented business activities; provided, however, that it shall not be considered a “primary part of its business” if such display, merchandise, or product information is only reasonably visible from within a limited portion of the business facility screened from general view, taking up not more than twenty (20) percent of the customer floor space, and where the access to the limited portion can be controlled to prevent accidental or incidental viewing of the display, merchandise, or product information by customers and other persons outside the limited portion of the business facilities; or
2. Provides for, as its substantial stock in trade, the sale, exchange, rental, loan, trade, transfer, and/or provide for viewing or use, off the premises, any adult-oriented merchandise. For the purposes of this title, a “substantial stock in trade” refers to, but is not limited to, instances where twenty (20) percent or more of the revenue generated by the business is derived from the sale, exchange, rental, loan, trade, transfer, and/or provision of adult-oriented merchandise; twenty (20) percent or more of the inventory of the business is adult-oriented merchandise; or twenty (20) percent or more of the customers of the business buy, exchange, rent, borrow, trade, transfer, and/or shop for adult-oriented merchandise in or from the business.
“Affordable housing” means residential housing that is rented by a person or household whose monthly housing costs, including utilities other than telephone, do not exceed thirty (30) percent of the household’s monthly income. For the purposes of housing intended for owner occupancy, “affordable housing” means residential housing that is within the means of low- or moderate-income households.
“A-frame sign” means a temporary, portable, freestanding, and self-supporting sign which may be either single- or double-faced, forming an “A” shape, or on a pole attached to a flat base.
“Agriculture” means the use of land for growing crops for sale or consumption, other than for home agriculture. This use includes the accessory uses for sales, packing, treating, or storing the produce; provided, that the operation of the accessory use is clearly incidental to the agricultural activity. This definition includes but is not limited to produce farms, vineyards, and Christmas tree farms. This definition excludes nurseries and animal husbandry.
“Agriculture, clear zone” means uses which typically might be found in generally restricted rural environments, but which can pose viable, unobstructive land uses in portions of the urban environment that, by their nature, otherwise possess limited development potential. Examples include row crops, hay, alfalfa, and vineyards. Structures, whether temporary or permanent, tree farms, livestock grazing, and intensive animal husbandry are prohibited.
“Agriculture, home” means the accessory use of land to grow crops at a small or limited scale, for sale or consumption, when it occurs on the same site as the residence of the person primarily responsible for the crops.
“AICUZ” (Air Installation Compatible Use Zone) means a program instituted by the Department of Defense to address the problem of land development surrounding military air installations. It provides for the development and implementation of a plan to determine those land areas for which development should be significantly influenced by the operation of the airfield as a means to protect the health, safety and welfare from noise and hazards through compatible development in the airport environment.
“Air Installation Compatible Use Zone (AICUZ) Study” means the most recent study that identifies the Clear Zones and Accident Potential Zones associated with Gray Army Airfield and McChord Field, maps the noise contours associated with aircraft operations and training, and identifies types of development considered incompatible with aircraft operations and training at Joint Base Lewis-McChord. As of the date of the ordinance codified in this title, the most recent AICUZ Study was titled “Joint Base Lewis-McChord Master Plan Air Installation Compatible Use Zone Study,” and is not dated.
“Aircraft noise zone” means an area that may be affected by noise associated with current operations and training, as set forth in the most recent AICUZ Study. These areas are depicted in Figure 5A of Chapter 18A.10 LMC, JBLM Aircraft Noise Zones.
“Airport obstruction or interference” means any structure, object, or use of land the Joint Base Lewis-McChord (JBLM) Coordinating Official determines impedes operations at Joint Base Lewis-McChord, in any manner described in LMC 18A.10.135.
“Alley” means a public way, paved or unpaved, which is intended to provide or which provides a roadway for vehicular and pedestrian access to abutting properties and is generally located to the rear or side of those properties, but not including such a public way in its natural and undeveloped state which cannot be used by vehicles.
“Alteration” means the modification of a previously recorded plat, short plat, binding site plan, or any portion thereof, that results in modifications to conditions of approval, the addition of new lots or more land, or the deletion of existing lots or the removal of plat or lot restrictions or dedications that are shown on the recorded plat, except as otherwise allowed by law.
“Alterations, structural” means a change or rearrangement of the structural parts of existing facilities, or an enlargement by extending the sides or increasing the height or depth, or the moving from one location to another. In buildings for business, commercial or similar uses, the installation or rearrangement of partitions affecting more than one-third of a single floor area shall be considered an alteration.
“Amateur radio station operators or receive-only antennas” means any tower or antenna that is under seventy (70) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
“Amendment” means a change in the wording, context, or substance of this code or the comprehensive plan; a change in the zoning map or comprehensive plan map; a change to the official controls of City code; or any change to a condition of approval or modification of a permit or plans reviewed or approved by the Community and Economic Development Director or Hearing Examiner.
“Animated sign” means a sign which has any visible moving part, flashing or oscillating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means. Animated signs include, but are not limited to, changing or moving pictures, drawings, and designs regardless of the means and mechanisms of the animation; and message display changes at intervals.
“Annexation” means the process by which jurisdiction over land within the urban growth area is transferred from the county to the City.
1. Any exterior apparatus designed for telephonic, radio, data, internet, or television communications through the sending and/or receiving of electromagnetic waves, and includes equipment attached to a tower or building for the purpose of providing telecommunications services; and
2. An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term antenna does not include an unintentional radiator, mobile station, or device authorized under 47 CFR Part 15.
“Antenna height,” when referring to a tower or other wireless telecommunications facilities (WTF), means the vertical distance measured from the finished grade of the parcel at the base of the tower pad or antenna support structure to the highest point of the structure even if said highest point is an antenna. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
“Area median income” means the median family income for the Seattle-Bellevue, WA Metro Fair Market Rent (FMR) Area as most recently determined by the Secretary of Housing and Urban Development (HUD) under Section 8(f)(3) of the United States Housing Act of 1937, as amended. In the event that HUD no longer publishes median family income figures for the Seattle-Bellevue, WA HUD Metro FMR Area, the City may estimate the median income in such manner as the City shall determine.
“Area of shallow flooding” means a designated ‘AO’ or ‘AH’ zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
“Area of special flood hazard” means the land in the floodplain subject to a one (1) percent or greater chance of flooding in any given year.
“Artisan shop” means a retail store selling art glass, ceramics, clothing, jewelry, paintings, sculpture, and other handcrafted items, where the facility includes an area for the crafting of the items being sold.
“Assisted living facility” means any home or other institution, however named, which is advertised, announced, or maintained for the express or implied purpose of providing housing, basic services, and assuming general responsibility for the safety and well-being of the residents, and may also provide domiciliary care, consistent with chapter 142, Laws of 2004, to seven (7) or more residents after July 1, 2000. However, an assisted living facility that is licensed for three (3) to six (6) residents prior to or on July 1, 2000, may maintain its assisted living facility license as long as it is continually licensed as an assisted living facility.
Assisted living facility shall not include facilities certified as group training homes pursuant to RCW 71A.22.040, nor any home, institution or section thereof which is otherwise licensed and regulated under the provisions of state law providing specifically for the licensing and regulation of such home, institution or section thereof. Nor shall it include any independent senior housing, independent living units in continuing care retirement communities, or other similar living situations, including those subsidized by the Department of Housing and Urban Development (HUD).
“Auto and vehicle sales/rental” means a retail or wholesale establishment selling and/or renting automobiles, trucks and vans, trailers, motorcycles, and bicycles (bicycle sales are also included under “general retail”). The minimum size of such an establishment is twenty thousand (20,000) gsf. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. Does not include: the sale of auto parts/accessories separate from a vehicle dealership (see “Auto parts sales”); mobile home, recreational vehicle, or watercraft sales (see “Mobile home, RV, and boat sales”); tire recapping establishments (see “Vehicle services”); businesses dealing exclusively in used parts, (see “Recycling facility – scrap and dismantling yards”); or “Gas stations,” which are separately defined.
“Auto parts sales” means stores that sell new automobile parts and accessories. Establishments that provide installation services are instead included under “vehicle services–minor maintenance/repair.” Does not include tire recapping establishments, which are found under “vehicle services” or businesses dealing exclusively in used parts, which are included under “recycling facility – scrap and dismantling yards.”
“Auto repair.” See “Vehicle services.”
“Auto wrecking yard” means the dismantling or disassembling of motor vehicles or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts.
“Awning” means a shelter extending from the exterior wall of a building for the purpose of shielding a doorway or window from the elements and composed of nonrigid materials except for the supporting framework.
“Balloon” means a decorative inflatable device with a diameter of less than eighteen (18) inches, generally composed of a thin layer of latex or mylar. The tether of a balloon is less than twelve (12) feet in length (see “Blimp”).
“Banner sign” means any cloth, bunting, plastic, paper or similar nonrigid material attached to any structure, staff, pole, rope, wire or framing which is anchored on two (2) or more edges or at all four (4) corners. Banners are temporary in nature and do not include flags.
“Basement” means that portion of a story partly underground and having at least one-half of its height or more than five (5) feet below the adjoining finish grade.
“Bank, financial services” means financial institutions including: banks and trust companies; credit agencies; holding (but not primarily operating) companies; lending and thrift institutions; other investment companies; securities/commodity contract brokers and dealers; security and commodity exchanges; vehicle finance (equity) leasing agencies.
“Bar/tavern” means a business where alcoholic beverages are sold for on-site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery or brew pub, and other beverage tasting facilities, such as wine or beer tasting rooms. Does not include adult-oriented businesses.
“Bay window” means a window that protrudes from the main exterior wall. Typically, the bay contains a surface that lies parallel to the exterior wall, and two (2) surfaces that extend perpendicular or diagonally from the exterior wall.
“Beach access, public or private” means trails or roads that provide access for the public to the beach.
“Bed and breakfast guest house” means a structure converted from a single-family dwelling or constructed to resemble a single-family dwelling, which structure provides lodging and meal service. Does not include room rental, which is separately defined (see “Boarding house”).
“Bees” means adult insects, eggs, larvae, pupae, or other immature stages of the species Apis mellifera.
“Billboard sign” means a large outdoor board.
“Billboard sign face” means that portion of a billboard, exclusive of its structural support, on which changeable copy is displayed either by affixing preprinted poster panels or by painted copy.
“Binding site plan” means an alternative process established under RCW 58.17.035 for the division of land into lots, parcels or tracts. The binding site plan process includes a set of documents containing drawings to scale which:
2. Contains any other improvements, facilities or provisions required to be identified by the City, and contains inscriptions or attachments setting forth such appropriate limitations and conditions for use of the land as established by the City;
3. Contains provisions requiring any development to conform with the site plan; and
“Blank walls” means walls subject to “blank wall” requirements or any ground-level wall over six (6) feet in height measured from finished grade at the base of the wall, and longer than fifty (50) feet measured horizontally. A wall subject to the requirement does not have any significant building feature, such as a window, door, modulation or articulation, or other special wall treatment within that fifty (50) foot section.
“Blimp” means a decorative device with a diameter or combined diameter of eighteen (18) inches or larger that is inflated. These devices include large single displays or displays of smaller balloons connected to create a larger display. A balloon with a tether longer than twelve (12) feet is considered a blimp.
“Boarder” means a patron of a boarding house or rooming house who is provided meals, with or without lodging, for compensation.
“Boarding house” means a dwelling or part of a dwelling where lodging is furnished for compensation to three (3) or more persons living independently from each other. Meals may also be included.
“Boat ramp or launch” means an improved sloped surface extending from a shore land area into an aquatic area suitable for removing a boat from the water and launching a boat into the water from a trailer.
“Boundary line adjustment” means a division, made for the purpose of alteration by adjusting boundary lines between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site.
“Brew pub” means a type of eating or drinking establishment that includes as an accessory use the production of malt liquors, regardless of alcohol content by volume, for consumption on the premises; except that sales for off-premises consumption, if not prohibited by other local ordinance or state or federal law, shall be allowed in specialty containers holding no more than one (1) U.S. gallon (128 U.S. fluid ounces), commonly referred to as growlers. The area of the establishment devoted to the production of malt liquors shall not exceed five thousand (5,000) square feet. May include the distribution of beverages for consumption at other sites.
“Brewery, production” means an establishment which produces ales, beers, meads, hard ciders, and/or similar beverages on site. Production breweries are classified as a use which manufactures more than fifteen thousand (15,000) barrels of beverage (all beverage types combined) annually. Breweries may also serve beverages on site, and sell beverages for off-site consumption in keeping with the regulations of the Washington State Liquor and Cannabis Board and Bureau of Alcohol, Tobacco, and Firearms (ATF). In addition, uses which produce fifteen thousand (15,000) barrels of beverage or less, but which do not meet one or more of the additional requirements to be considered a brew pub, are breweries.
“Brood chamber” means a box devoted to the rearing of immature bees.
“BUG” means backlight, uplight and glare.
“BUG system” means the system developed by the Illuminating Engineering Society (IES) and the International Dark Sky Association (IDA) as a way of evaluating outdoor luminaires. BUG, or Backlight, Uplight and Glare, are three (3) forms of stray light that can be emitted from a fixture. The BUG system is defined and discussed in detail within the Illumination Engineering Society publication Luminaire Classification System for Outdoor Luminaires (TM-15-11) and subsequent addenda.
“Building and landscape materials sales” means a retail establishment selling hardware, lumber and other large building materials, plant materials, and other landscaping materials. Includes paint, wallpaper, glass, fixtures. Includes all these stores selling to the general public, even if contractor sales account for a major proportion of total sales. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in “Warehouse, Wholesaling and Distribution.” Hardware stores are listed in the definition of “General Retail,” even if they sell some building materials.
“Building, attached” means a building or structure attached to another building or structure by an enclosed interior wall or walls and covered by a roof in common with both structures. A structure connected to another building or structure only by a roof or only by a wall is not considered attached.
“Building contractor, heavy” means businesses relating to the heavy construction trades including but not limited to: excavation work, highway and street construction; heavy construction, masonry and concrete work and water well drilling. These types of businesses generally have heavy equipment that may be stored outside.
“Building contractor, light” means businesses relating to the building trades including but not limited to: plumbing, heating, air conditioning; painting, paperhanging and decorating; electrical; carpentry and flooring; roofing and sheet metal. These types of businesses generally do not have heavy equipment or building materials stored outside.
“Building coverage” means the measurement of the gross footprint of all the structures, to include accessory and exempt structures, on a lot. The gross footprint includes all structural elements and projections of a building and includes, but is not limited to; eaves, projections, decks, balconies, elevated patios, breezeways, or canopies.
“Building, detached” means a building or structure sharing no common wall with another structure, and generally surrounded by open space on the same lot. A structure connected to another building or structure only by a roof or only by a wall is considered to be a detached building.
“Building Division” means the Building Division of the Community and Economic Development Department.
“Building facade” means the visible wall surface, excluding the roof, of a building when viewed from a public right-of-way or adjacent property. If more than one (1) wall is predominantly visible, the walls may be considered one (1) facade for the purposes of signage. A building facade is measured in gross square feet (gsf) and does not include roof area.
“Building front” means the face of the building which is parallel to an abutting street or the length of the projection of the wall of a building facing obliquely toward an abutting street when such projection is made perpendicular to the centerline of the street.
“Building height” means the height of a structure as measured from the average elevation of the undisturbed natural topography or preexisting grade on a site to the highest point of the structure. The average elevation is determined by averaging the elevations of the undisturbed natural topography or the preexisting grade at all corners or change in wall plane of the proposed structure. An elevation benchmark shall be set on the lot, outside of the construction area, where it will remain undisturbed to allow verification of vertical elevation.
Building Height Exceptions. Height standards shall not apply to religious assembly spires, flagpoles, belfries, and domes; chimneys, household antennas, ventilation stacks, or similar appurtenances that are required to be placed above the roof level and not intended for human occupancy unless located within the CZ, AC1 or AC2 zones.
“Building line” means a line projected along the exterior wall of a building nearest the property line.
“Building, nonconforming” means a building or structure which was lawful when established, but which does not now conform to the applicable development standards or to the zone in which it is located. A structure shall be considered established if it conformed to applicable zoning or building regulations at any time, or when it is built under permit, a permit for the structure has been granted and has not expired, or the structure is substantially underway in conformance with the IBC, as adopted by the City.
“Building Official” means the individual who manages the operations of the Building Division, including permitting, plan review and inspection of building construction projects; and is active in redevelopment efforts in support of the City of Lakewood’s goals and objectives.
“Bulkhead” means a vertical wall of steel, timber or concrete used for erosion protection or as a retaining wall.
“Business” means the purchase, sale, or other transaction involving the handling or 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 premises by professions and trades rendering services.
“Business park, general” means a location which has offices and light industry, rather than heavy industry. It provides for mixed employment districts in areas accessible to transportation and visible from freeways and major arterials, and is intended to promote the development of master-planned environments with a high quality of design and construction.
“Business support service” means an establishment within a building that provides services to other businesses. Examples of these services include: blueprinting; computer-related services (rental, repair); copying and quick printing services; film processing and photofinishing (retail); mail boxes; outdoor advertising services; and security systems services.
“Campus facilities master plan” means the area that is defined by the University of Washington as necessary for the future growth and development of its campus facilities for campuses authorized under RCW 28B.45.020.
“Canopy sign” means a sign attached to the underside of a canopy.
“Cargo containers,” also known as intermodal freight containers or shipping containers, means standardized, reusable portable vessels that were originally designed for use in intercontinental traffic of freight and designed to be mounted on a rail car, truck or ship. When such containers are used as a building or structure, they are subject to the provisions of the building code as adopted and modified by the City of Lakewood. Accordingly, a building permit is required to locate and use such structures. (See 2015 International Building Code Sec. 105.1, Permit Required.) The site and building construction plans shall be adequate to demonstrate compliance with building, fire and site regulatory standards. Structural calculations are required for altered or structurally connected containers. As with other prefabricated structures such as portables or manufactured homes, building code approval of cargo containers may be obtained through the Washington State Department of Labor and Industries (L&I), Manufactured Homes and Other Mobile Structures.
“Cemetery, mausoleum, columbarium” means an interment establishment engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries; cemetery, mausoleum, crematorium and columbarium operations, and full-service mortuaries and funeral parlors accessory to a cemetery or columbarium.
“Certificate of occupancy” means a document issued by the Building Official when the completed work matches the submitted plans for new buildings or major alterations. The certificate states a building’s legal use and/or type of permitted occupancy.
“Certified irrigation designer” means a person certified to design irrigation systems by a professional trade organization or other educational organization.
“Child care facility” means a building or structure in which an agency, person or persons regularly provide care for a group of children for periods of less than twenty-four (24) hours a day. Child day care facilities include family day care homes and child day care centers regulated by the Washington State Department of Social and Health Services, as presently defined in Chapter 74.15 RCW and as such statute or regulations may hereafter be amended.
“Child day care” means the providing of supplemental parental care and supervision for a child or children who are not related to the provider on a regular basis for less than twenty-four (24) hours per day and under license by the Washington State Department of Social and Health Services. The term does not include babysitting services of a casual, nonrecurring nature or in the child’s own home. The term is further not intended to include cooperative, reciprocative child care by a group of parents in their respective homes.
“Child day care center” means a facility providing regularly scheduled care for a group of thirteen (13) or more children within an age range of one (1) month through twelve (12) years, for periods of less than twenty-four (24) hours.
“City of Lakewood” means the Lakewood City Council or an administrative designee of the City Council.
“City of Lakewood Coordinating Official” means the Community and Economic Development Department Director or their designee.
“Clear zone (CZ)” means an area that begins at the end of the McChord Field North runway and is the area of highest aircraft accident potential; it has few uses that are compatible. The CZ starts at the end of the runway, is three thousand (3,000) feet in width, and extends three thousand (3,000) feet beyond the runway; as illustrated in Figure 3A of 18A.50, McChord Field North Clear Zone and Accident Potential Zones and Clear Zones.
“Clear zone (CZ) surface” means an obstruction-free surface (except for features essential for aircraft operations) on the ground symmetrically centered on the extended runway centerline beginning at the end of the runway and extending outward three thousand (3,000) feet. The CZ width is three thousand (3,000) feet (one thousand five hundred (1,500) feet to either side of runway centerline).
“Club, lodge, private meeting hall” means permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations; civic, social and fraternal organizations; labor unions and similar organizations; political organizations; professional membership organizations; and other membership organizations.
“Co-housing” means a variety of housing options in which a community facility is included for the purpose of such things as communal meals, laundry, recreation or socialization, day care, and/or other functions supportive of voluntary communal living by an organized group. Examples include fraternity/sorority houses; intentional communities; and religious orders, whether or not in conjunction with a religious facility.
“Collective garden” means any place, area, or garden where qualifying patients engage in the production, processing, and delivery of marijuana for medical use as set forth in Chapter 69.51A RCW and subject to the limitations therein, and to be phased out effective July 1, 2016.
“Collocation” means (1) mounting or installing an antenna facility on a preexisting structure, and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
“Commercial recreation facility, indoor” means establishments providing indoor amusement and entertainment services for a fee or admission charge, including: bowling alleys; coin-operated amusement arcades; dance halls, clubs and ballrooms; electronic game arcades (video games, pinball, etc.); ice skating and roller skating; and pool and billiard rooms as primary uses.
This use does not include adult-oriented businesses, which are separately defined. Four (4) or more electronic games or coin-operated amusements in any establishment, or a premises where fifty (50) percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above; three (3) or fewer machines are not considered a land use separate from the primary use of the site.
“Commercial recreation facility, outdoor” means a facility for various outdoor recreational activities, where a fee is charged for use. Examples include: amusement and theme parks; go-cart tracks; golf driving ranges; miniature golf courses; and water slides. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, etc.
“Community and Economic Development Director” (see also “Director”) means the individual who performs responsible professional, administrative and supervisory work in directing and leading the activities of the Community and Economic Development Department.
“Community-based domestic violence program (CBDVP)” means a nonprofit program or organization that provides, as its primary purpose, assistance and advocacy for domestic violence victims. Domestic violence assistance and advocacy includes crisis intervention, individual and group support, information and referrals, and safety assessment and planning. Domestic violence assistance and advocacy may also include, but is not limited to: provision of shelter, emergency transportation, self-help services, culturally specific services, legal advocacy, economic advocacy, and accompaniment and advocacy through medical, legal, immigration, human services, and financial assistance systems. CBDVPs also provide community education and prevention efforts. Domestic violence programs that are under the auspices of, or the direct supervision of, a court, law enforcement or prosecution agency, or the child protective services section of the department as defined in RCW 26.44.020, are not considered CBDVPs.
“Community center” means a multi-purpose meeting and recreational facility typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.
“Comprehensive plan” means a map or maps and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The comprehensive plan shall include a plan, scheme, or design for each of the following at a minimum: a land use element; a housing element; a capital facilities plan element; a utilities element; a transportation element that implements, and is consistent with, the land use element; an economic development element; and a park and recreation element. The plan shall be an internally consistent document, and all elements shall be consistent with the future land use map.
“Concomitant agreement” means an agreement recorded against the title of a parcel of land under which a property owner binds the property to certain terms and conditions in exchange for development approval.
“Condominium” means real property, 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 unit owners, and unless a declaration and a survey map and plans have been recorded pursuant to Chapter 64.34 RCW (RCW 64.34.020(10)).
“Condominium, detached” means a condominium pursuant to Chapter 64.34 RCW comprising one (1) dwelling unit within one (1) structure that is surrounded by a yard area and has an outward appearance of a detached single-family residence. All legal features of a condominium, including common ownership, declarations, and other provisions, shall be consistent with Chapter 64.34 RCW.
“Conference/convention facility” means one (1) or more structures accommodating multiple assembly, meeting, and/or exhibit rooms, and related support facilities (e.g., kitchens, offices, etc.).
“Continuing care retirement community” means a residential community for the elderly which operates under a single ownership on a contractual basis and offers a range of living arrangements which may include independent living, assisted living, and/or skilled nursing care, along with a variety of common amenities and ancillary services; subject to all applicable federal, state, and/or local licensure.. “Continuing care retirement community” does not include an assisted living facility licensed under Chapter 18.20 RCW that does not directly, or through a contractual arrangement with a separately owned and incorporated skilled nursing facility, offer or provide services under Chapter 74.42 RCW.
“Construction/heavy equipment sales and rental” means retail establishments selling or renting construction, farm, or other heavy equipment. Examples include cranes, earth moving equipment, tractors, combines, heavy trucks, etc.
“Convenience store” means a type of general retail store which carries a range of merchandise oriented to convenience and/or travelers’ shopping needs.
“Cooperative” means an entity with up to four (4) members located in the domicile of one of the members, registered with the Washington State Liquor and Cannabis Board, and meeting the requirements under Chapter 69.51A RCW.
“Cultivation” means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof.
“Curfew” means the time of day when lighting restrictions, based on zoning district, are in effect.
“Day-night average sound level (DNL)” means a twenty-four (24) hour energy average sound level expressed in dBA, with a ten (10) decibel penalty applied to noise occurring between 10:00 p.m. and 7:00 a.m.
“Day care center,” “nursery school,” or “preschool” means any type of group day care programs, for children or adults, including nursery schools for children under minimum age for education in public schools, parent cooperative nursery schools, playgroups for preschool children, covering afterschool care for school children, and programs which provide organized learning and education experiences, provided such establishments are licensed by the state and conducted in accordance with state requirements. For the purpose of this title the following shall also apply to day care center, nursery schools or preschools:
1. “Babysitting care” means a dwelling which provides occasional custodial care to children, for periods of less than twenty-four (24) hours, who do not reside within the residence of the person providing the care. Babysitting care is not necessarily provided in exchange for compensation.
2. “Family day care” means a state-licensed day care provider as defined in RCW 74.15.020, who regularly provides day care for not more than twelve (12) children in the provider’s home in the family living quarters.
3. “Day care center” means a place, other than the home of the provider, which provides regular custodial care for twelve (12) or more children, for periods of less than twenty-four (24) hours.
4. “Preschool/nursery school” means a place, other than the home of the provider, which provides regular custodial care and/or organized learning and educational experiences for children.
“Decibels (dB)” means a logarithmic unit that measures the intensity, or loudness, of sound. A sound level of zero (0) dB is approximately the threshold of human hearing and is barely audible under extremely quiet listening conditions. Normal speech has a sound level of approximately sixty (60) dB. Sound levels of about one hundred thirty (130) dB are felt in the human ear as discomfort and pain.
“Density” means the ratio and intensity of land use over a given area of land. Density may be defined by ratios such as the number of units per given area of land, such as “twenty (20) dwelling units per acre.”
“Detached single-family dwelling unit” means a dwelling unit surrounded on all sides by open space. “Dwelling unit, one unit per structure, detached” means the same thing as “single-family dwelling unit” and “single-family residence.”
“Directional lighting” means methods of directing light downward, rather than upward or outward, with the intention of directing light where it is needed.
“Director” means the Community and Economic Development Director or their designee.
“Disability” means with respect to an individual: a physical or mental impairment that substantially limits one or more major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. For purposes of this definition, major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. A major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
An individual meets the requirement of “being regarded as having such an impairment” if the individual establishes that he or she has been subjected to an action prohibited under this title because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity. This definition shall not apply to impairments that are transitory and minor, meaning with an actual or expected duration of six (6) months or less.
“Discontinued” means the activity or operation ceases; the premises are vacated; machinery, equipment or fixtures are removed; the maintenance of the property or structure(s) is substantially reduced, or ends altogether; or other action terminating the use is taken; to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.
“Dispensary, medical marijuana” means any location that does not meet the definition of a “collective garden” and does not have a license from the Washington State Liquor and Cannabis Board for a marijuana producer, processor or retailer pursuant to I-502, where marijuana is processed, dispensed, selected, measured, compounded, packaged, labeled or sold. It also includes any vehicle or other mode of transportation, stationary or mobile, which is used to transport, distribute, deliver, sell, barter, trade or give away marijuana.
“Distillery” means a place where liquor is manufactured.
“DNS” means determination of nonsignificance.
“DOC” means the Washington State Department of Corrections.
“DOE” means the Washington State Department of Ecology.
“DOT (or WSDOT)” means the Washington State Department of Transportation.
“Downlighting” means that the luminaire is directed straight down.
“Drive-through” means a business establishment, building, or structure which, by design, physical facilities, or services or products format encourages or permits customers to access sales or services from a service window while remaining in their vehicles, with access provided by a dedicated lane or lanes incorporated into the site design.
“DS” means determination of significance.
“DSHS” means the Washington State Department of Social and Health Services.
“DUA” means dwelling units per gross acre.
“Dwelling unit” means a residential living unit that provides complete independent living facilities for one (1) or more persons and that includes permanent provisions for living, sleeping, eating, cooking, and sanitation.
“Dynamic lighting” means lighting that flashes, chases, changes color, or changes intensity for any purpose other than serving as a traffic signal, safety light, or aviation or marine marker.
“Efficiency dwelling unit” means a small one (1) room unit, which includes all living and cooking areas with a separate bathroom.
“EIS” means environmental impact statement.
“Electric vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on board for motive purpose.
“Electric vehicle charging station” means a public or private parking space located together with a battery charging station that has as its primary purpose the transfer of electric energy to a battery or other storage device in an electric vehicle.
“Electrical distribution substation” means an assembly of equipment designed to receive energy from a high-voltage distribution supply system to convert it to a form suitable for local distribution and distribute the energy to feeders through switching equipment designed to protect the service from the effect of faults.
1. “Base station” means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. “Base station” includes, without limitation:
a. Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems (DAS) and small-cell networks).
c. Any structure other than a tower that, at the time the relevant application is filed with the City under this definition, supports or houses equipment described in subsections (1)(a) and (b) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support. The term does not include any structure that, at the time the relevant application is filed with the City under LMC 18A.95.160, does not support or house equipment described in subsections (1)(a) and (b) of this definition.
2. “Collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
3. “Eligible facilities request” means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
b. Removal of transmission equipment; or
c. Replacement of transmission equipment.
4. “Eligible support structure” means any tower or base station as defined in this section; provided, that it is existing at the time the relevant application is filed with the City under this section.
5. “Existing” in terms of a constructed tower or base station means it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of LMC 18A.95.160.
6. “Site,” for towers other than towers in the public rights-of-way, means the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
7. “Substantial change” means a modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
a. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten (10) percent or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten (10) percent or more than ten (10) feet, whichever is greater;
b. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;
c. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure;
d. It entails any excavation or deployment outside the current site;
e. It would defeat the concealment elements of the eligible support structure; or
f. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in subsections (7)(a) through (7)(d) of this definition.
8. “Tower” means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.
9. “Transmission equipment” means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
“Eligible household” means one (1) or more adults and their dependents who certify that their annual household income does not exceed the applicable percentage of the area median income, adjusted for household size, and who certify that they meet all qualifications for eligibility, including any requirements for recertification on income eligibility.
“Emitting sign” means a sign which emits sound, odor, or visible matter such as smoke or steam.
“Enhanced services facility” means a facility that provides treatment and services to persons for whom acute inpatient treatment is not medically necessary and who have been determined by the Department of Social and Health Services to be inappropriate for placement in other licensed facilities due to the complex needs that result in behavioral and security issues. (RCW 70.97.010)
“Equipment rental” means a service establishment that may offer a wide variety of household and business equipment, furniture, and materials for rental. Does not include construction equipment rental, which is separately defined.
“Essential public facilities” means those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities and inpatient facilities including substance abuse facilities, mental health facilities, and group homes.
“Extremely low income” means an individual, family, or unrelated persons living together, regardless of age or ability, whose adjusted gross income is thirty (30) percent or less of the median income, adjusted for household size, as determined by the United States Department of Housing and Urban Development for the Tacoma Primary Metropolitan Statistical Area.
“Facility or facilities, wireless service” means the plant, equipment and property including, but not limited to, cables, wires, conduits, ducts, pedestals, electronics, antennas, and other appurtenances used or to be used to transmit, receive, distribute, provide or offer wireline or wireless telecommunications service.
“Family” means individuals domiciled together in one (1) dwelling unit and who are cooking and living together as a single household, but the number of individuals occupying the dwelling unit shall not exceed the occupant load of the structure, as the same is calculated under the City’s adopted building code.
“FCC” or “Federal Communications Commission” means the federal administrative agency, or lawful successor, that regulates interstate and international communications by radio, television, wire, satellite and cable.
“Feather banner” means a sign attached to a support post with or without characters, letters, illustrations or ornamentations applied to cloth, paper, flexible plastic, or fabric of any kind with only such material for backing.
“FEMA” means the Federal Emergency Management Agency.
“FIRM” means the Federal Insurance Rate Map.
“FHBM” means the Flood Hazard Boundary Map.
“Flag” means any sign printed or painted on cloth, plastic, canvas, or other like material with distinctive colors, patterns, or symbols attached to a pole or staff and anchored along only one (1) edge or supported or anchored at only two (2) corners.
“Flashing sign” means an illuminated sign using action or motion, or light or color.
“Flex space” means flex space industrial or mixed-use industrial buildings or parks adaptable to multiple use types which primarily serve a number of small- to medium-size tenants, which predominantly require direct access for truck deliveries and have limited or controlled on-site customer service, and which are generally comprised of adaptable open floor space with a delineated office area. May include space within a single or multiple structures.
“Floor area ratio (FAR)” means the ratio of a building’s total floor area (gross floor area) to the area of land upon which it is built. The constructed area would include the basic structure, exterior walls, staircases or lobby space, if any. The ratio is obtained by dividing the total area built by the area of parcel of land upon which it is built. The gross floor area includes all the space within the exterior walls of the construction under study, including all habitable and inhabitable spaces.
Example – Calculating FAR. A company is planning to build a two (2) story building on a rectangular parcel that has one hundred (100) feet of street frontage and two hundred (200) feet of depth. The first story measures fifty (50) feet by two hundred (200) feet, and the second story measures fifty (50) feet by two hundred (200) feet. There are no public rights-of-way, or other exceptional development limitations on the parcel.
Determine the total BUILDABLE LAND AREA (B) for the site.
(B) = 100 ft. x 200 sq. ft.
(B) = 20,000 sq. ft.
Story 1 Floor Area = 50 ft. x 200 ft. = 10,000 sq. ft.
Story 2 Floor Area = 50 ft. x 200 ft. = 10,000 sq. ft.
(GSF) = 10,000 sq. ft. + 10,000 sq. ft. = 20,000 sq. ft.
FAR = 20,000 sq. ft. / 20,000 sq. ft. = 1.0
“Footcandle” is defined as a unit of illuminance equal to one (1) lumen per square foot of surface area.
“Franchise” or “franchise agreement” is a contract by which a grantee is allowed to use City right-of-way for the purpose of carrying on the business in which it is generally engaged, including furnishing service to members of the public.
“Fuel dealer” means a retail trade establishment that sells fuel oil, butane, propane and liquefied petroleum gas (LPG), bottled or in bulk, to consumers.
“Fully shielded” means a light fixture constructed and installed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the fixture’s lowest light-emitting part.
“Funeral home.” See “Mortuary, funeral homes.”
“Furniture/fixtures manufacturing, cabinet shop” means manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes furniture re-upholstering businesses, wood and cabinet shops, but not sawmills or planing mills.
“Furniture, furnishings, appliance/equipment store” means a store that primarily sells the following products and related services that may also provide incidental repair services: computers and computer equipment; draperies; floor coverings; furniture; glass and chinaware; home appliances; home furnishings; home sound systems; interior decorating materials and services; large musical instruments; lawn furniture; movable spas and hot tubs; office furniture; other household electrical and gas appliances; outdoor furniture; refrigerators; stoves; and televisions and home theater systems.
“Gas station” means a retail business selling gasoline and/or other motor vehicle fuels, and related products. Where allowed by Chapter 18A.40 LMC (Zoning Districts and Allowable Land Uses), a gas station may also include a “convenience store,” “vehicle services,” and/or trailer rental (“auto and vehicle sales/rental”), which are separately defined.
“Gateway” means a location featuring a structure and landscaping constructed by the City of Lakewood on City property or public easement. Gateways are found along arterial and collector streets with high traffic counts. Gateway locations often contain underground facilities including water lines, electrical conduit to support traffic and street lighting, and irrigation systems. Gateway locations are identified in the Parks Capital Improvement Plan, which is updated annually and available upon request.
“General retail” means stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include: antique stores; art galleries, retail; art supplies, including framing services; auction rooms; bicycles; books, magazines, and newspapers; cameras and photographic supplies; clothing, shoes, and accessories; collectibles (cards, coins, comics, stamps, etc.); convenience stores; department stores; drug stores and pharmacies; dry goods; fabrics and sewing supplies; florists and houseplant stores (indoor sales only – outdoor sales are “building and landscape materials sales”) hardware stores; hobby materials; jewelry; luggage and leather goods; musical instruments, parts and accessories; optics (prescription glasses, sunglasses, etc.); orthopedic supplies; recreation equipment, bicycle and kayak rentals; religious goods; small wares; specialty shops, including specialty food shops such as seafood or meat markets, retail bakeries, and similar uses; sporting goods and equipment; stationery; toys and games; and variety stores.
“Glare” means lighting entering the eye directly from a light fixture or indirectly from reflective surfaces that causes visual discomfort or reduced visibility.
“Golf course, country club” means golf courses, and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges; “pro shops” for on-site sales of golfing equipment; and golf cart storage and sales facilities.
“Grantee” means the person, firm or corporation to whom or which a franchise, as defined in this section, is granted by the Council under this title and the lawful successor, transferee or assignee of such person, firm or corporation.
“Grocery store” means a retail or wholesale store that primarily sells food, including canned and frozen foods, fresh fruits and vegetables, and fresh (raw) and prepared meats, fish, and poultry.
1. Large stores are defined as twenty thousand (20,000) square feet in size or greater. Also includes a grocery store use located within a larger format retail store where an area twenty thousand (20,000) square feet in size or greater is primarily devoted to the sale of food.
2. Small stores are defined as less than twenty thousand (20,000) square feet in size. Also includes a grocery store use located within a larger format retail store where an area less than twenty thousand (20,000) square feet in size is primarily devoted to the sale of food.
1. “Type 1 Group Home” means publicly or privately operated living accommodations for related or unrelated individuals having handicaps, subject to compliance with all applicable federal, state, and/or local licensing requirements. For the purposes hereof, “handicap” shall mean a physical or mental impairment which substantially limits one or more of the person’s major life activities, a record of having such an impairment, or being regarded as having such an impairment; however, the term does not include current, illegal use of or an addiction to a controlled substance. A Type 1 Group Home includes an “adult family home.”
2. “Type 2 Group Home” means publicly or privately operated living accommodations for related or unrelated individuals such as group homes for children, group homes providing an alternate residential setting for families in crisis, and other groups not listed in Type 1, 3, 4, or 5 group home residential use types; all subject to compliance with all applicable federal, state, and/or local licensing requirements. There are three (3) levels of Type 2 Group Homes:
a. Level 1: A group home with a maximum of seven (7) residents, plus resident staff.
b. Level 2: A group home with a maximum of ten (10) residents, plus resident staff.
c. Level 3: A group home with more than ten (10) residents, plus resident staff.
3. “Type 3 Group Home” means publicly or privately operated living accommodations for juveniles under the jurisdiction of DSHS and/or the criminal justice system, including state-licensed group care homes or halfway houses for juveniles which provide residence in lieu of incarceration, and halfway houses providing residence to juveniles needing correction or for juveniles selected to participate in state-operated minimum security facilities as defined in RCW 72.05.150, as hereafter may be amended. A community facility as defined in RCW 72.05.020(1), as hereafter may be amended, is considered to constitute a Type 3 Group Home. All are subject to compliance with all applicable federal, state, and/or local licensing and other requirements. There are three (3) levels of Type 3 Group Homes:
a. Level 1: A group home with a maximum of eight (8) residents, plus resident staff.
b. Level 2: A group home with a maximum of twelve (12) residents, plus resident staff.
c. Level 3: A group home with more than twelve (12) residents, plus resident staff.
4. “Type 4 Group Home” means publicly or privately operated living accommodations for adults under the jurisdiction of the criminal justice system who have entered a pre- or post-charging diversion program or have been selected to participate in state-operated work/training release or other similar programs as provided in Chapters 137-56 and 137-57 WAC, as may hereafter be amended. All are subject to compliance with all applicable federal, state, and/or local licensing and other requirements.
5. “Type 5 Group Home” means a secure community transition facility as defined in RCW 71.09.020(15), as hereafter may be amended, which is a residential facility that provides supervision and security for people who have completed their criminal sentences for sexually violent offenses but who remain subject to additional requirements for sexually violent predators under Chapter 71.09 RCW, as hereafter may be amended. All are subject to compliance with all applicable federal, state, and/or local licensing and other regulations.
“GSF” means gross square feet.
“Handcraft industries, small-scale manufacturing” means establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products, and taxidermists. Also includes manufacturing establishments producing small products not classified in another major manufacturing group, including: brooms and brushes; buttons, costume novelties; jewelry; musical instruments; pens, pencils, and other office and artists’ materials; sporting and athletic goods; toys; etc.
“Handicap” means, with respect to a person: a physical or mental impairment which substantially limits one or more of such person’s major life activities; a record of having such an impairment; or being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined in 21 U.S.C. Section 802.
“Hardscape” means permanent surface improvements to the site including parking lots, driveways, entrances, curbs, ramps, stairs, steps, medians, walkways and nonvegetated landscaping that is ten (10) feet or less in width, that are made of materials such as, but not limited to, concrete, asphalt, stone and gravel.
1. Commercial. A commercial, for profit, fitness center, gymnasium, health and athletic club, which may include any of the following: sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges and other indoor sports activities.
2. Quasi-Public. A not-for-profit fitness center, gymnasium, health and athletic club, which may include any of the following: sauna, spa or hot tub facilities; weight training facilities; swimming polls; exercise pools; basketball, handball, racquetball, and/or other sport courts; meeting rooms and related facilities; and which would provide on-site as well as outreach community activities such as, but not limited to day care, camps, educational assistance programs, swimming instruction and/or other fitness programs.
“Home occupation” means the conduct of a business within a dwelling unit or residential site, employing only the occupants of the dwelling, with the business activity being subordinate to the residential use of the property.
“Hospice care center” means a homelike, noninstitutional facility where services such as symptom and pain management are provided to terminally ill individuals and emotional, spiritual, and bereavement support is offered for the individual and family, and which is regulated under Chapter 70.127 RCW, subject to compliance with all appropriate federal, state, and/or local licensing requirements.
“Hostel” means a building or portion thereof designed or used for supervised lodging and often containing shared sleeping areas.
“Hotel or motel” means a facility with guest rooms or suites, with or without kitchen facilities, rented to the general public for transient lodging. Hotels typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.
“Housing expense” means, in the case of renter-occupied housing, rent, tenant-paid utilities, one (1) parking space, and other tenant expenses required for the dwelling unit; and in the case of owner-occupied housing, mortgage, mortgage insurance, property taxes, property insurance, and homeowner’s dues.
“IBC” means the International Building Code.
“Illuminated sign” means a sign designed to give forth artificial light or reflect such light from an artificial source.
“Imaginary surfaces” means the surfaces associated with McChord Field and Gray Army Airfield, including all of the land within the primary surface and all of the airspace within the approach/departure clearance (glide angle and horizontal), transitional, inner and outer horizontal, clear zone, and conical surfaces as they apply to Joint Base Lewis-McChord.
“Indirectly illuminated sign” means an illuminated nonflashing sign whose illumination is derived entirely from an external artificial source and which is arranged so that no direct rays of light are projected from such source into residences or the street.
“Industrial business park” means an area zoned and planned for the purpose of industrial development. An industrial park can be thought of as a more “heavyweight” version of a business park or office park, which has offices and light industry, rather than heavy industry.
“Inflatable” means a decorative device with a diameter or combined diameter of eighteen (18) inches or larger that is inflated. These devices include large single displays or displays of smaller balloons connected to create a larger display. Blimps are not considered inflatables.
“Installation Operational Noise Management Plan (IONMP)” means the most recent IONMP for Joint Base Lewis-McChord, which classifies into zones the noise impact on the community and identifies types of development considered incompatible with JBLM operations and training. As of the date of the ordinance codified in this title, the most recent IONMP Study was titled “Joint Base Lewis-McChord Master Plan Installation Operational Noise Management Plan,” and is not dated.
“Integrated sign plan” means a special sign entitlement available to major commercial or employment centers as defined in this code. An integrated sign plan is subject to review and approval by the Hearing Examiner using the procedures provided for conditional use permits.
“Intercity high-speed ground transportation” is a mode of transportation that can best link cities one hundred (100) to five hundred (500) miles apart. There are three (3) types: accelerated rail service, high-speed rail systems, and magnetic levitation.
“Intensification of use” means a change in the use of a structure or site, where the new use is required by this Zoning Code to have more off-street parking spaces than the former use; or a change in the operating characteristics of a use (for example, hours of operation), which generates more activity on the site.
“Intermediate care facility” means a facility that provides, on a regular basis, assistance with one or more activities of daily living (“ADL”) such as bathing, toileting, dressing, personal hygiene, mobility, transferring, and eating, including persons with functional disabilities, needing health-related care and services, but who do not require the degree of care and treatment that a hospital or extended care facility provides. Such facility requires a state boarding home license. This use includes assisted living facilities, but does not include adult family homes, staffed residential homes, or residential care facilities for youth.
“JBLM” means Joint Base Lewis-McChord.
“Joint Base Lewis-McChord (JBLM) Coordinating Official” means the JBLM Air Traffic and Airspace Officer, Aviation Division, who acts as a liaison with Lakewood for the purposes of coordination under the provisions of this title, including notice required by RCW 36.70A.530. The JBLM Coordinating Official reviews and, as appropriate, provides comments related to development and vegetation proposed within a military influence area.
“Joint Base Lewis-McChord (JBLM) Lighting Study Report” means the 2019 report prepared for the South Sound Military and Communities Partnership that assesses the nature of outdoor lighting within the boundary of JBLM and in the region surrounding JBLM and makes recommendations for improving regional lighting practices.
“Kennel, animal boarding” means a commercial facility for the grooming, keeping, boarding or maintaining of five (5) or more dogs (four (4) months of age or older), or five (5) or more cats except for dogs or cats for sale in pet shops, or patients in animal hospitals. See also “Medical Service–Veterinary Clinic, Animal Hospital.”
“Laboratory, medical, analytical” means a facility for testing, analysis, and/or research. Examples of this use include medical labs, soils and materials testing labs, and forensic labs.
“Lamp” means a source of optical radiation (i.e., light), often called a “bulb” or “tube.” Examples include incandescent, fluorescent, high-intensity discharge (HID) lamps, and low-pressure sodium (LPS) lamps, as well as light-emitting diode (LED) modules and arrays.
“Land use approval” means a written approval or permit issued by the Director or Hearing Examiner, or designee thereof, finding that a proposed project is consistent with applicable plans, regulations and standards and authorizing the recipient to make use of property in a certain manner. The land use approval consolidates various nonconstruction permit reviews of a project such as design review, environmental review, zoning conformance, and site plan review. Land use approval is a permit which does not directly authorize construction or improvements to real estate, but which is a necessary and required precursor to authorization of such construction or improvement. Land use approval includes, but is not limited to, applications for review and approval of a preliminary or final subdivision, short plat, binding site plan, conceptual or detailed master planned development, planned residential development, conceptual design review, site plan review, conditional use permit, variance, shoreline development permit, or other such reviews pertaining to land use.
“Landscape architect” means an individual who engages in the practice of landscape architecture and who possesses a certificate of licensure issued by the Washington State Board of Licensure for landscape architects (Chapter 18.96 RCW).
“Laundry, dry cleaning plant” means a service establishment engaged primarily in high volume laundry and garment services, including: carpet and upholstery cleaners; diaper services; dry cleaning and garment pressing; commercial laundries; linen supply. These facilities may include accessory customer pick-up facilities. These facilities do not include coin-operated laundries or dry cleaning pick-up stores without dry cleaning equipment; see “Personal services.”
“Library, museum” means a public or quasi-public facility, examples of which include: aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, planetariums, and zoos. May also include accessory retail uses such as a gift/book shop, restaurant, etc.
“Light pollution” means the material adverse effect of artificial light including, but not limited to, glare, light trespass, sky glow, energy waste, compromised safety and security, and impacts upon the nocturnal environment, including light sources that are left on when they no longer serve a useful function.
“Light trespass” means light that falls beyond the property it is located on. Permissible levels of light trespass shall be limited to those specific, quantitative thresholds of light intensity set forth in LMC 18A.60.095, Tables 1 and 2. Light trespass shall be measured at sixty (60) inches above grade in the vertical plane of the property line on which the lighting in question is located. Field measurements to determine light trespass compliance shall not include the effect of light produced by street lights or other lighting not produced by luminaires under the jurisdiction of this title or produced by luminaires on other properties.
“Lighting study report” means the 2019 JBLM Lighting Study Report, included as an attachment to the 2019 JBLM Military Influence Area Overlay and Lighting Study, including any subsequent revisions thereto.
“Live/work and work/live unit” means an integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multifamily, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes:
1. Complete kitchen space and sanitary facilities in compliance with the City building code; and
2. Working space reserved for and regularly used by one (1) or more occupants of the unit.
The difference between live/work and work/live units is that the “work” component of a live/work unit is secondary to its residential use, and may include only commercial activities and pursuits that are compatible with the character of a quiet residential environment, while the work component of a work/live unit is the primary use, to which the residential component is secondary.
“LMC” means the Lakewood Municipal Code.
“Lot” means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area, and developed or built upon as a unit. The term shall include “plot”, “parcel” and “tract.”
“Lot area” means the total area, in gross square feet (gsf), within the lot lines of a lot, excluding right-of-way. For the purposes of flood regulations, any portion of a lot lying below the ordinary high water mark or lawfully constructed bulkhead shall not be included in a lot area calculation.
“Lot line” means the property line bounding a lot.
“Lot line, front” means normally the property line separating the lot from the street, other than an alley, from which access is provided to the lot. For the purpose of establishing setback requirements, orientation of the dwelling unit shall be independent of access to the parcel. In the case of a corner lot, the front lot line shall be the property line with the narrow dimension adjacent to the street.
“Lot line, interior” means any property line which is neither a front nor a rear lot line.
“Lot of record” means a lot that is part of a subdivision recorded, pursuant to statute, with the Pierce County Auditor, or a legally created lot under state and local subdivision regulations in effect at the time of creation, or a lot described by metes and bounds, the description of which has been so recorded.
“Lot width” means the average horizontal distance between the side lot lines, ordinarily measured parallel to the front lot lines, except that portion of a flag lot that usually forms an extended access way to a street right-of-way.
“Low-income household” means a single person, family, or unrelated persons living together whose adjusted income is at or below eighty (80) percent of the median family income adjusted for family size, for the county, city, or metropolitan statistical area where the project is located, as reported by the United States Department of Housing and Urban Development.
“Lumen” means the unit of measure used to quantify the amount of visible light produced by a lamp or emitted from a luminaire (as distinct from “watt,” a measure of power consumption).
“Lux” is defined as a unit of illuminance equal to one (1) lumen per square meter of surface area.
“Macro facility” means a large wireless service facility that provides radio frequency coverage for wireless services. Generally, macro cell antennas are mounted on ground-based towers, rooftops and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. Macro facilities typically contain antennas that are greater than three (3) cubic feet per antenna and typically cover large geographic areas with relatively high capacity and may be capable of hosting multiple wireless service providers.
“Maintenance service, client site services” means base facilities for various businesses that provide services on the premises of their clients. Includes gardening, janitorial, pest control, water and smoke damage recovery, and similar services; and appliance, computer, electronics, elevator, equipment, HVAC, instrument, plumbing, and other maintenance and repair services not operating from a retail establishment that sells the products being maintained or repaired. When these services operate from a retail establishment that sells the products being maintained or repaired, they are instead considered part of the retail use.
“Major employment center” means an integrated development with contiguous ownership larger than 10 (ten) acres in size. Contiguous properties under separate control, but which function as an integrated center and when combined are larger than 10 (ten) acres in size, may be considered a major center.
“Major transit stop” means a stop on certain high capacity transportation systems; commuter rail stops; stops on rail or fixed guideway systems, including transitways; stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes; or stops for a bus or other transit mode providing fixed route service at intervals of at least fifteen (15) minutes during the peak hours of operation.
“Manufactured home, designated” means a manufactured home constructed after June 15, 1976, in accordance with federal requirements for manufactured housing (meeting HUD code) which:
1. Is comprised of at least two (2) fully enclosed parallel sections each of not less than twelve (12) feet wide by thirty-six (36) feet long;
2. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of not less than three to twelve (3:12) pitch; and
“Manufactured home, new” means any manufactured home required to be titled under RCW Title 46, which has not been previously titled to a retail purchaser, and is not a “used mobile home” as defined in RCW 82.45.032(2).
“Manufactured home park” means an area of land, in single ownership, on which ground space is made available for the location of manufactured homes. Said manufactured homes would generally be owned by the occupants who pay a fee for the use of the ground space. The manufactured home units remain essentially portable and may be moved.
“Manufacturing, assembling and packaging, light intensity” means a facility accommodating manufacturing processes involving and/or producing: apparel; food and beverage products; electronic, optical, and instrumentation products; ice; jewelry; and musical instruments. Light manufacturing also includes other establishments engaged in the assembly, fabrication, and conversion of already processed raw materials into products, where the intensity, scale, and/or characteristics of operation and materials used are unlikely to result in externalities or effects on surrounding land uses or the community because they can be controlled within the building. Examples of light intensity manufacturing uses include, but are not limited to, clothing and fabric product manufacturing and food and beverage products.
“Manufacturing, assembling and packaging, medium intensity” means a facility accommodating manufacturing processes that involve and/or produce building materials, fabricated metal products, machinery, and/or transportation equipment, where the intensity, scale, and/or characteristics of operation and materials used are greater than those classified under “manufacturing, assembling and packaging, light intensity,” but where externalities or effects on surrounding land uses or the community can typically be reduced or avoided when appropriately located and developed. Examples of medium intensity manufacturing uses include lumber and wood product manufacturing and stone and cut stone product manufacturing.
“Manufacturing, assembling and packaging, heavy intensity” means a facility accommodating manufacturing processes that involve and/or produce basic metals, building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the intensity, scale, and/or characteristics of operation and materials used have the potential to result in externalities or effects on surrounding land uses or the community. Examples of heavy intensity manufacturing uses include, but are not limited to, chemical products manufacturing, paving and roofing materials manufacturing and glass products manufacturing.
“Marijuana” means all parts of the plant cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plants, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant which are incapable of germination.
“Marijuana concentrates” means products consisting wholly or in part of the resin extracted from any part of the plant cannabis and having a THC concentration greater than sixty (60) percent.
“Marijuana-infused products” means products that contain marijuana or marijuana extracts, are intended for human use, and have a THC concentration no greater than ten (10) percent. The term “marijuana-infused products” does not include either usable marijuana or marijuana concentrates.
“Marijuana processor” means a person licensed by the Washington State Liquor and Cannabis Board to process marijuana into usable marijuana, marijuana-infused products, and marijuana concentrates, package and label usable marijuana, marijuana-infused products, and marijuana concentrates for sale in retail outlets, and sell usable marijuana, marijuana-infused products, and marijuana concentrates at wholesale to marijuana retailers.
“MDNS” means mitigated determination of nonsignificance.
“Medical service, doctor office” means a facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis, by primary practitioners and/or medical specialists by appointment (for example, chiropractors, dentists, medical doctors, optometrists, prescription opticians, psychiatrists, etc.). May include a lab, radiology, pharmacy, rehabilitation, and other similar services as accessory uses. Counseling services by other than medical doctors or psychiatrists are included under “Offices, professional.”
“Medical service, hospital” means hospitals and similar facilities engaged primarily in providing diagnostic services and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care.
“Medical service, integrated medical health center” means a medical wellness center which may be directly affiliated with a hospital or medical complex, membership based, and open to the public as well as referred patients. In addition to exam rooms and physician offices, the facility provides courses and equipment for physical rehabilitation, fitness, and wellness. Examples include, but are not limited to, cardiac and pulmonary rehabilitation, cardio and strength training, aquatics, integrative classes and training for all wellness therapy, stress management, esthetician, nutritional counseling, and physical, occupational and speech therapy. These facilities are staffed in part by medical professionals including physicians.
“Medical service, lab” means a facility intended for the examination of clinical specimens for the purpose of providing information such as diagnosis, prognosis, prevention, or treatment of disease to improve the health of a patient.
Examples of these uses include: dental laboratories (crown and denture manufacturing, etc.); and medical laboratories (blood and tissue testing, x-ray, CT scanning, etc., but not research (see “Laboratory, medical, analytical”)).
“Medical service, urgent care clinic” means a facility other than a hospital, where medical, mental health, surgical and other personal health services are provided exclusively on an outpatient basis by a group of physicians working in cooperation and sharing the same facilities. Typically operates beyond standard medical office hours and may provide emergency treatment. May include educational aspects such as medical instruction and/or training as well as house a lab, radiology, pharmacy, rehabilitation, and other similar services as accessory uses. Does not include hospitals. Counseling services by other than medical doctors or psychiatrists are included under “Offices, professional.”
“Medical service, veterinary clinic, animal hospital” means an office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. May include a lab, radiology, pharmacy, rehabilitation, temporary boarding of sick animals, and other similar services as accessory uses. See also “Kennel.”
“Metal products fabrication, machine and welding shops” means an establishment engaged in the production and/or assembly of metal parts, including the production of metal cabinets and enclosures, cans and shipping containers, doors and gates, duct work, forgings and stampings, hardware and tools, plumbing fixtures and products, tanks, towers, and similar products. Examples of these uses include: blacksmith and welding shops; plating, stripping, and coating shops; sheet metal shops; and machine shops and boiler shops.
“Microbrewery or a small craft brewery” means a production facility that manufactures beer. A microbrewery may sell beer of its own production at retail for on- and off-premises consumption, and may act as a distributor for beer of its own production.
“Military coordination and notice area (MCNA)” means areas of the City of Lakewood within which coordination between the City of Lakewood and JBLM will occur pursuant to the terms of this title. The boundary of the MCNA is described in LMC 18A.10.135.2(C).
“Military-critical lands” means:
•Military training routes associated with VR331 and IR 460/461;
•Special use airspace designated Rainier Military Operations Area and R-6703;
•Helicopter routes to the Shaw-Martin Drop Zone; and
“Military-important lands” means
•All lands within two (2) miles of JBLM base boundaries; and
•The Gray Army Air Field and McChord Field Approach/Departure (glide slope) imaginary surfaces, if they extend off-base and/or beyond the two (2) mile contour.
“Military influence areas” means land areas that experience documented aircraft safety/accident potential, aircraft noise, weapons noise, or are located beneath imaginary surfaces associated with McChord Field or Gray Army Airfield.
“Minimum security institution” means publicly or privately operated living accommodations for juveniles with less serious behavior problems under the jurisdiction of DSHS and/or the criminal justice system, including state-licensed group care homes or halfway houses for juveniles which provide residence in lieu of incarceration, and halfway houses providing residence to juveniles needing correction or for juveniles selected to participate in state-operated minimum security facilities as defined in RCW 72.05.150, as hereafter may be amended. A community facility as defined in RCW 72.05.020(1), as hereafter may be amended, is considered to mean a minimum security institution. All are subject to compliance with all applicable federal, state, and/or local licensing and other requirements.
“Mixed-use” means a project that combines both commercial and residential uses, where the residential component is typically located above the commercial. This code allows for multiple, horizontally and/or vertically attached dwelling units. Horizontal mixed-use means single-use buildings allowed on one (1) parcel. Vertical mixed-use means a combination of different uses in the same building. Commercial uses shall comprise a minimum of thirty-five (35) percent of the square footage of the ground floor in multistory buildings and shall align with the building’s frontage.
“Mobile food vendor” means any person who owns, controls, manages or is otherwise engaged in the business of selling prepared, prepackaged or unprepared, unpackaged food or foodstuffs of any kind, from a mobile vending facility on private property.
“Mobile food vending facility” shall mean any vehicle, trailer, pushcart, motorized food wagon, stand, tent or structure not affixed to a permanent foundation, with or without wheels, which may be moved from one place to another under its own power or by other means.
“Mobile home” means a transportable, factory-built home designed and intended to be used as a year-round dwelling, and built prior to the enactment of the Federal Manufactured Housing and Safety Standards Act of 1974. Mobile homes are no longer built, and placement in this community is prohibited.
“Mobile home park” means any site that is planned and improved to accommodate two (2) or more mobile homes used for residential purposes, or on which two (2) or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes. May include a common storage area for recreational vehicles owned by residents only.
“Mobile home, RV, and boat sales” means retail establishments selling both mobile home dwelling units and/or various vehicles and watercraft for recreational uses. Includes the sales of boats, campers and camper shells, jet skis, mobile homes, motor homes, and travel trailers. The minimum size of such an establishment is twenty thousand (20,000) gsf.
“Moderate-income household” means a single person, family, or unrelated persons living together whose adjusted income is more than eighty (80) percent but is at or below one hundred fifteen (115) percent of the median family income adjusted for family size, for the county, city, or metropolitan statistical area where the project is located, as reported by the United States Department of Housing and Urban Development.
“Mortuary, funeral homes and parlors” means where deceased are prepared for burial or cremation, funeral services may be conducted, and cremation may occur.
“Multiple-unit housing,” “multifamily housing,” and “multifamily” may be used interchangeably and mean a building or a group of buildings having four (4) or more dwelling units for permanent residential occupancy, not designed or used as transient accommodations and not including hotels and motels. Multifamily units may result from new construction or rehabilitated or conversion of vacant, underutilized, or substandard buildings to multifamily housing.
“Natural resource extraction/recovery” means land used for timber harvesting consistent with the Forest Practices Act or silviculture, mineral extraction, or natural resource recovery such as mining reclamation or reforestation. This definition excludes Christmas tree farms, nurseries, and agriculture.
“Natural topography” or “natural grade” means the elevation of a parcel of land prior to any human modification of the contours and physiography.
“Net buildable area” means gross land area, measured in acres, minus land area in roads and other rights-of-way, surface storm water retention/detention/water quality facilities, critical areas, critical area buffers, and land dedicated to the City.
“Night club” means a facility serving alcoholic beverages for on-site consumption, and providing entertainment, examples of which include live music and/or dancing, comedy, etc.
“Noise attenuation” means the process by which noise from military aircraft is reduced.
“Nonconforming use” means a use of land or a structure which was lawful when established and which does not now conform to the use regulations of the zone in which it is located. A use shall be considered established if it conformed to applicable zoning regulations at any time, or when it has commenced under permit, a permit for the use has been granted and has not expired, or a structure to be occupied by the use is substantially underway as defined in the International Building Code.
“Notice of application” means a written notice that a complete project permit application has been received by the City, including, at minimum, the date of application, the date of the notice of completeness of the application, the date of the notice of application, a description of the proposed project, a list of permits requested by the applicant, a list of any studies requested by the City, identification of other permits known to be required for the project but not requested by the applicant, identification of existing environmental documents evaluating the proposal, the location where the application and any studies can be reviewed, a statement of the public comment period, a statement of the right of any person to comment on the application, receive notice of and participate in any hearing, request a copy of the decision once made, and of any appeal rights, the date, time, place, and type of any hearing scheduled at the date of the notice, a statement of the preliminary determination of those development regulations that will be used for project impact mitigation, a statement of whether an environmental impact statement will be required and a statement of any preliminary determination of consistency with plans and regulations of the City. (See RCW 36.70B.110.)
“Notice of decision” means a written notice of the City’s decision on a project permit application, including a statement of any SEPA threshold determination and any administrative appeals procedures.
“Nursing home” means a facility which provides short- or long-term care for seniors and other persons who need skilled nursing care but do not require hospitalization. Also means any home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in excess of twenty-four (24) consecutive hours for three (3) or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity are unable properly to care for themselves. Convalescent and chronic care may include but not be limited to any or all procedures commonly employed in waiting on the sick, such as administration of medicines, preparation of special diets, giving of bedside nursing care, application of dressings and bandages, and carrying out of treatment prescribed by a duly licensed practitioner of the healing arts. It may also include care of mentally incompetent persons. It may also include community-based care.
Nothing in this definition shall be construed to include general hospitals or other places which provide care and treatment for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both. Nothing in this definition shall be construed to include any assisted living facility, guest home, hotel or related institution which is held forth to the public as providing, and which is operated to give only board, room and laundry to persons not in need of medical or nursing treatment or supervision except in the case of temporary acute illness. The mere designation by the operator of any place or institution as a hospital, sanitarium, or any other similar name, which does not provide care for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both, shall not exclude such place or institution from the provisions of this title; provided, that any nursing home providing psychiatric treatment shall, with respect to patients receiving such treatment, comply with the provisions of RCW 71.12.560 and 71.12.570.
“Occupancy” means the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.
“Occupied” means to reside in as an owner or tenant, to take hold or possession or control of, and to take up (a place or extent in space). It is synonymous with “used” and includes the words “intended, designed or arranged to be used or occupied.”
“Office, business services” means establishments providing direct services to customers. Examples of these uses include employment agencies, holistic practitioners, insurance agent offices, massage therapists (licensed, therapeutic, nonsexual), real estate offices, travel agencies, utility company offices, etc. This use does not include “bank, financial services,” which are separately defined.
“Office, government” means office facilities for federal, state and local agencies.
“Office, processing” means office-type facilities characterized by high employee densities, and occupied by businesses engaged in information processing, and other computer-dependent and/or telecommunications-based activities. Processing businesses operate in such a manner that customers need not come to the site, and do not come to the site on a regular basis.
“Official controls” means legislatively defined and enacted policies, standards, precise detailed maps and other criteria, all of which control the physical development of the City, and are the means of translating into regulations and ordinances all or any part of the general objectives of the comprehensive plan.
“Official map” means maps that show the designation, location and boundaries of the various districts which have been adopted and made a part of this title.
“Open space” means land and/or water area with its surface predominantly open to the sky or predominantly undeveloped, which is set aside to serve the purposes of providing park and recreation opportunities, conserving valuable natural resources, and structuring urban development and form.
“Ornamental decorative street lighting” means a luminaire intended for illuminating streets that serves a decorative function in addition to providing optics that effectively deliver street lighting. It has a historical period appearance or decorative appearance, and has the following design characteristics:
1. Designed to mount on a pole using an arm, pendant, or vertical tenon;
2. Opaque or translucent top and/or sides;
3. An optical aperture that is either open or enclosed with a flat, sag or drop lens;
4. Mounted in a fixed position; and
5. With its photometric output measured using Type C photometry per IESNA LM-75-01.
“Outdoor storage” means the keeping of materials, supplies, equipment, machinery and vehicles which are not currently licensed or capable to operate on public streets or highways, in an open, uncovered yard or nonwalled buildings. This definition includes junkyards, but excludes outdoor sales.
“Outlining” means exposed light sources attached to structures for the primary purpose of attraction, branding or decoration.
“Overlay district” means a defined geographic area where a set of development regulations is established to achieve a specific public purpose. These regulations are in addition to those of the underlying zoning district.
“Owner occupant” means a property owner, as reflected in title records that makes his or her legal residence at the site, and actually resides at the site more than six (6) months out of any given year.
“Ownership” means the existence of legal equitable title to land.
“Panoram” means any device which, for payment of a fee, membership fee, or other charge, is used to view, exhibit, or display a film, videotape, or videodisc. All such devices are denominated in this title by the terms “panoram” or “panoram device.” The terms “panoram” and “panoram device” as used in this title do not include games which employ pictures, views, or video displays; or state-regulated gambling devices.
“Parcel” means a lot or plot of land proposed or created in accordance with this code or prior subdivision ordinance and state law and intended as a unit for the purpose, whether immediate or future, of transfer of ownership. The external boundaries existing as of the date of incorporation of the City of Lakewood shall be used to establish what a parcel is for the purposes of this code. For parcels which have not been conveyed since that date, the legal description used in the conveyance closest to that date shall control.
“Park” means an open space use in which an area is permanently dedicated to recreational, aesthetic, educational or cultural use and generally is characterized by its natural and landscape features. A park may be used for both passive and active forms of recreation; however, its distinctive feature is the opportunity offered for passive recreation such as walking, sitting and watching.
“Park and ride lot” means areas where commuters park private vehicles and either join together in carpools or vanpools, or board public transit at a stop located in the park and ride lot.
“Parking facility” means a surface parking area or parking garage. Also refers to parking lot.
1. The applicant;
2. Any person who testified at the public hearing;
“Pawnbroker” means every person engaged, in whole or in part, in the business of loaning money on the security of pledges of personal property, or deposits or conditional sales of personal property, or the purchase or sale of personal property.
“Pedestrian pole” means a pole that is less than nineteen (19) feet in height as measured from the ground.
“Permanent supportive housing” means subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident’s health status, and connect the resident of the housing with community-based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in Chapter 59.18 RCW.
“Person” means any individual, association, firm, partnership, corporation, business trust, estate, joint venture, society, joint stock company, organization, state, all political subdivisions of a state, governmental subdivision or agency, or legal entity either public or private, or any agents, and assigns of such individual, association, firm, partnership, corporation, business trust, estate, joint venture, society, joint stock company, organization, state, all political subdivisions of a state, governmental subdivision or agency, or legal entity.
“Personal property” means anything besides land that may be subject to ownership. The main characteristic of personal property is that it is movable, unlike real property or real estate. There are two (2) basic types of personal property: tangible and intangible.
“Personal services” means establishments providing nonmedical services to individuals as a primary use. Examples of these uses include: barber and beauty shops; clothing rental; dry cleaning pick-up stores with limited equipment; home electronics and small appliance repair; laundromats (self-service laundries); locksmiths; pet grooming with no boarding; shoe repair shops; tailors; and tanning salons.
These uses may also include accessory retail sales of products related to the services provided.
“Personal services, restricted” means personal services that may tend to have a potentially offensive effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include: check cashing stores; fortune tellers; palm and card readers; psychics; soup kitchens; spas and hot tubs for hourly rental; tattoo and body piercing services.
“Personal wireless services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.
“Petroleum product storage and distribution” means a facility for the bulk storage and wholesale distribution of gasoline, diesel fuel, and/or other fuels and petroleum products.
“Pharmacy” means a retail store that primarily sells prescription drugs that may also sell nonprescription drugs and medical supplies, other health care products, and a limited variety of convenience items.
“Physically feasible” means an alternative action or design which can be physically accomplished within the boundaries of the applicant’s property which, to the maximum extent possible, avoids intrusion into critical areas or their buffers; except that utility corridors and roadways should be planned comprehensively to consider their entire route and to avoid intrusions into critical areas or their buffers to the maximum extent possible.
“Places of assembly” means a facility providing for the assembly of persons for interaction as a primary use, including community centers, and religious institutions, also referred to as place(s) of assembly for worship. Place(s) of assembly do not include community education or art centers, schools, instructional centers, day care facilities, family day shelters, conservatories, convention centers, libraries, museums, residential dwellings, recreational and entertainment facilities, theaters, shelters, or social service distribution facilities which fall under separate definitions in this code.
“Pole extender” means a device that extends a utility pole or similar structure, the material of such structure being wood, composite, or otherwise, to the maximum height as permitted under this title, without requiring the entire structure to be replaced, such that a small wireless facility may be located at the top of said structure and meet any required clearances as dictated by the structure owner.
“Preapplication conference” means an informal meeting with City staff representatives held before a permit application is submitted to: acquaint the applicant with the substantive and procedural requirements of the Lakewood Municipal Code in relation to the proposed project and the applicable elements of the comprehensive plan; arrange such technical and design assistance as will aid the applicant; and otherwise identify policies and regulations associated with the proposed development.
“Prezoning” means establishing a zoning classification into which a property will fall upon incorporation.
“Printing and publishing” means an establishment engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. “Quick printing” services are included in the definition of “business support services.”
“Produce stand” means a temporary business location that sells raw, unprocessed fruits, vegetables, nuts, and other produce in its raw or natural state, and that is accessory to an on-site or adjacent agricultural operation.
“Project permit” means any land use or environmental permit or approval required from the City for a project action, including but not limited to: subdivisions, binding site plans, conditional uses, shoreline substantial development permits, and site plan review.
“Proposed development” means the construction, renovation, or modification of any structure; establishment or change of land use; the planting of any vegetation; or any other activity requiring a City of Lakewood permit or approval.
“Public facilities” include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities and schools. (See RCW 36.70A.020(12).)
“Public right-of-way” or “right-of-way” means land acquired or dedicated for public roads and streets but does not include:
1. State highways;
4. Federally granted trust lands or forest board trust lands;
5. Lands owned or managed by the State Parks and Recreation Commission; or
“Public Works Director” means the Director of the Lakewood Public Works Department and/or his/her designee.
“Qualified unit” means residential housing for rental occupancy which, as long as the same is occupied by a very-low-income or extremely-low-income, as defined herein, household, requires payment of monthly housing costs, including utilities other than telephone, of no more than thirty (30) percent of the resident’s or residents’ income(s).
“Queuing” means a specified area for vehicles awaiting service in a drive-through facility, which may include not only the space between point of ingress and the point of service, but also, where applicable, points of service internal to the drive-through operation. Where a drive-through contains not just one (1) but separate points of ordering, payment, and/or receipt of goods, queuing is considered to apply in between all three (3) points as well as between the ingress point and initial point of service. “Queuing” may be used interchangeably with “stacking.”
“Rapid re-housing” means housing search and relocation services and short- and medium-term rental assistance to move homeless persons and families (with or without a disability) as rapidly as possible into permanent housing.
“RCW” means the Revised Code of Washington.
“Real estate disclosure form” means a standard form used in conjunction with real estate sales, leases, and rentals that informs prospective buyers, lessees, and tenants of a property’s location in the Military Coordination and Notice Area. This form is maintained by the City of Lakewood Community and Economic Development Department.
“Real property” means any fee, leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements thereon and easements, rights and interests appurtenant thereto which by custom, usage, or law pass with a conveyance of land although not described in the contract of sale or instrument of conveyance. “Real property” includes parcels, with or without upper or lower boundaries, and spaces that may be filled with air or water. (See RCW 64.34.020(32).)
“Reasonable Accommodation.” Any person claiming to have a handicap or disability, or someone acting on his or her behalf, who wishes to be excused from an otherwise applicable requirement of this Land Use Code under the Fair Housing Amendments Act of 1988, 42 U.S.C. Section 3604(f)(3)(b), or the Washington Law Against Discrimination, Chapter 49.60 RCW, must provide the Director with verifiable documentation of handicap or disability eligibility and need for accommodation. The Director shall act promptly on the request for accommodation. If handicap or disability eligibility and need for accommodation are demonstrated, the Director shall approve an accommodation which may include granting an exception to the provisions of this code. The Director shall not charge any fee for responding to such a request. The Director’s decision shall constitute final action by the City on the request for accommodation, and review of that decision will be available only in court. An action seeking such review must be filed not more than twenty-one (21) days after the Director’s decision.
“Recreational vehicle” means a camping trailer, travel trailer, motor home, truck camper, and any similar vehicular-type units primarily designed as temporary living quarters for recreational, camping or travel use, with or without motor power, being of such size and weight as to be operable over highways without requirement of a special highway movement permit.
“Recyclable materials” means those inert solid wastes that are separated for recycling or reused, including but not limited to, papers, metals, glass, that are identified as recyclable material pursuant to a local solid waste management plan.
“Recycle” means to use, reuse, or reclaim a material. “Recycling” means transforming or remanufacturing inert waste materials into usable or marketable materials for use other than landfill disposal or incineration; reusing waste materials and extracting valuable materials from a waste stream. Recycling includes processing inert waste materials to produce tangible commodities. Recycling does not include collection, compacting, repackaging, and sorting for the purpose of transport or burning for energy recovery.
“Recycling center” means a set-back requirement for the receiving and storage of recyclable materials. The center would receive materials from the general public. This use may involve some outside storage.
“Recycling facility” means a facility where recyclable materials are transformed or remanufactured into useable or marketable materials.
“Recycling facility – scrap and dismantling yards” means a structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end-user’s specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing and shredding.
“Redevelopable land” means commercially zoned properties containing buildings of questionable economic viability; it includes developed commercial properties which had a land value greater than the value of improvements.
“Rehabilitation improvements” means modifications to existing structures that are vacant for twelve (12) months or longer, that are made to achieve a condition of substantial compliance with existing building codes or modification to existing occupied structures which increase the number of multifamily housing units.
“Repair service, equipment, large appliances, etc.” means a service and facility where various types of electrical, electronic, and mechanical equipment, and home and business appliances are repaired and/or maintained away from the site of the equipment owner. Does not include vehicle repair or maintenance, which is included under “vehicle services,” the repair of small home appliances and electronic equipment, which is included under “personal services,” or maintenance and repair activities that occur on the client’s site, which are included under “maintenance service, client site services.”
“Research and development (R&D)” means a facility for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical and computer and telecommunications components in advance of product manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing activity is secondary to the research and development activities. Includes pharmaceutical, chemical and biotechnology research and development. Does not include soils and other materials testing laboratories (see “Laboratory”), or medical laboratories (see “Medical service, lab”; “Medical service, doctor office”; and “Medical service, urgent care clinic”).
“Research, scientific (small scale)” means the gathering of data, information, and facts for the advancement of knowledge. Small scale research is generally sponsored by an organization or government agency. Facilities are excluded. The uses have only limited impact on the underlying use of the site or environment as determined by the Director. Such scientific research may be conducted in the field only, may include investigation, testing or experimentation for study, research education, mitigation, and demonstration of scientific principles and is temporary in nature.
“Residential target area” (“RTA”) means an area that has been designated by the City Council as lacking sufficient, available, desirable, and convenient residential housing to meet the needs of the public. With respect to designations after July 1, 2007, “residential targeted area” may not include a campus facilities master plan. See Chapter 3.64 LMC.
“Restaurant, café, coffee shop” means a retail business selling ready-to-eat food and/or beverages for on- or off-premises consumption. These include:
“Restaurant, café, coffee shop, counter ordering” means an establishment where customers are served from a walk-up ordering counter for either on- or off-premises consumption. This includes retail bakeries such as a donut shop, pastry shop, cake shop, and similar types of businesses.
“Restaurant, café, coffee shop, drive-through services” means a facility where food may be purchased by motorists without leaving their vehicles.
“Restaurant, café, coffee shop, outdoor dining” means an establishment with either counter ordering or table service that provides a defined outdoor area for eating, which may be a sidewalk café where allowed by a right-of-way permit.
“Restaurant, café, coffee shop, serving alcohol” means any restaurants, cafés, coffee shops which serve beer, wine or distilled spirits with the meal.
“Restaurant, café, coffee shop, table service” means an establishment where customers are served food at their tables for on-premises consumption, which may also provide food for take-out.
“Retail store” means a place of business usually owned and operated by a retailer, but sometimes owned and operated by a manufacturer or by someone other than a retailer, in which merchandise is sold primarily to ultimate consumers; includes bookstores and the sale of antiques and collectibles.
“Retail uses” means businesses which sell goods, typically in small quantities, to the ultimate consumers.
“Right-of-way” means land owned, dedicated or conveyed to the public, used primarily for the movement of vehicles, wheelchair, bicycle, and pedestrian traffic. Right-of-way may also include land privately owned; provided, that such land has been developed and constructed in compliance with all applicable laws and standards for a public right-of-way.
“Roof sign” means a sign or sign structure erected upon, against or directly above a roof or above the vertical parapet wall of a building, including a sign affixed to any structure erected upon a roof.
“Rowhouse” means any of two (2) or more identical or nearly identical attached dwelling units that share a common wall on one or both sides of the unit.
“Scrap and dismantling yards” means outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. Includes processing facilities for recycling. Does not include: places where these activities are conducted entirely within buildings; secondhand stores; the sale of operative used cars; or landfills or other waste disposal sites.
“Screening” means the partial or total obscuring of view by a continuous fence, wall, evergreen hedge, trees or combination thereof.
“Seasonal lighting” means lighting installed and operated in connection with holidays or traditions. Seasonal lighting must be temporary lighting as defined herein and removed within thirty (30) days of the date of installation and shall not be re-installed within the same calendar year.
“Secondhand dealer” means every person engaged in whole or in part in the business of purchasing, selling, trading, consignment selling, or otherwise transferring for value, secondhand property including metal junk, melted metals, precious metals, whether or not the person maintains a fixed place of business within the state. Secondhand dealer also includes persons or entities conducting business, more than three (3) times per year, at flea markets or swap meets. Secondhand dealer also includes persons or entities operating an automated kiosk.
“Secondhand store” means a retail store that buys and sell used products, including clothing, furniture and household goods, jewelry, appliances, musical instruments, business machines and office equipment, tools, motors, machines, instruments, firearms, or any similar secondhand articles or objects. Does not include pawnbroker or secondhand dealer. Does not include outdoor flea markets or swap meets. Does not include bookstores (“retail stores”); secondhand farm and construction equipment (“construction/heavy equipment sales and rental”); junk dealers, or scrap/dismantling yards (“recycling facilities – scrap and dismantling yards”); the sale of antiques and collectibles (“retail stores”); or the sale of cars and other used vehicles (“auto and vehicle sales/rental”).
“Secure community transition facility” is defined in RCW 71.09.020(15), as hereafter may be amended, which is a residential facility that provides supervision and security for people who have completed their criminal sentences for sexually violent offenses but who remain subject to additional requirements for sexually violent predators under Chapter 71.09 RCW, as hereafter may be amended. All are subject to compliance with all applicable federal, state, and/or local licensing and other regulations.
“Senior and/or disabled family or household” means one (1) or more persons sixty-two (62) years of age or older and/or disabled persons, and their domestic partners and/or live-in caregivers who need not be sixty-two (62) years of age or older and/or disabled, who are domiciled together; provided, that the number of individuals occupying the dwelling unit shall not exceed the occupant load of the structure, as calculated under the City’s adopted building code.
“Service provider” is defined consistently with RCW 35.99.010(6). Service provider shall include those infrastructure companies that provide telecommunications services or equipment to enable the deployment of personal wireless services.
“Sexually oriented business” (SOB) means a business that includes any one (1) or more of the following as defined herein: “adult entertainment facility,” “adult-oriented merchandise,” “adult retail use,” and/or “panoram”; or a similar facility, merchandise, or entertainment.
“Shielded uplighting” means landscape lighting illuminating trees and landscape features employing an extended tube baffle or louver and aimed at least sixty (60) degrees above horizontal.
“Shipping containers.” See “Cargo containers.”
“Shopping center” means a primarily retail commercial site with three (3) or more separate businesses sharing common pedestrian and parking areas.
“Shroud” means any decorative covering used to conceal antennas and/or small wireless facility equipment.
“Sign” means any structure, device, letter, figure, character, poster, picture, logo, trademark or reading matter which is used or designed to announce, declare, demonstrate, display or otherwise identify or advertise, or attract the attention of the public. Including but not limited to every device, frame, letter, figure, character, mark, plane, point, design, picture, logo, stroke, stripe, trademark, plane, point, design, picture, logo, stroke, stripe, trademark, or reading matter, which is used or intended to be used to attract attention or convey information when the same is placed visible from a public right-of-way or public property; and shall include all parts, portions, units, and materials composing the same, together with the frame, background, and supports or anchoring thereof.
“Sign area” means the total area of all sign faces expressed in square feet.
“Sign face” means the total area of one (1) sign face expressed in square feet. Area is measured from the outside perimeter, including backup, molding, framing, but excluding structural supports, architectural details, decorative scrollwork, etc. The area of a group of individually mounted letters or figures shall be the area of the smallest single geometric form necessary to enclose the entire group of letters or figures.
“Single-family residential” means a building designed for and/or occupied exclusively by one (1) family. Also includes factory-built, modular housing units, constructed in compliance with the International Construction Code (ICC), and mobile homes/manufactured housing units that comply with the National Manufactured Housing Construction and Safety Standards Act (42 U.S.C. §§ 5401 through 5426).
“Site specific zoning map amendment” means a site-specific rezone. A site-specific rezone occurs when there are specific parties requesting a classification change for a specific tract. A site-specific rezone requires three (3) factors: (1) a specific tract or parcel of land, (2) a request for a classification change, and (3) a specific party making the request.
“Sky glow” means the brightening of the nighttime sky that results from scattering and reflection of artificial light by moisture and dust particles in the atmosphere. Sky glow is caused by light directed or reflected upwards or sideways and reduces one’s ability to view the night sky.
“Small craft distillery” means a production facility that manufactures distilled spirits and that can contract distilled spirits for, and sell distilled spirits to, holders of distillery licenses, manufacturer’s licenses and grower’s licenses.
“Social service organization” means a public or quasi-public establishment providing social and/or rehabilitation services, serving persons with social or personal problems requiring special services, the handicapped, and the otherwise disadvantaged. Examples of this land use include: counseling centers, welfare offices, job counseling and training centers, or vocational rehabilitation agencies. Includes organizations soliciting funds to be used directly for these and related services, and establishments engaged in community improvement and neighborhood development. Does not include day-care services, emergency shelters and transitional housing, or “residential care,” which are separately defined; or soup kitchens.
“Solid waste transfer station” means a staffed, fixed supplemental facility used by persons and route collection vehicles to deposit solid wastes into transfer trailers for transportation to a disposal site.
“Sound Transit facility” means any lands, interest in land, air rights over lands, and improvements thereto including vessel terminals, and any equipment, vehicles, vessels, trains, stations, designated passenger waiting areas, and other components necessary to support the Sound Transit system. Examples include: parking lots; parking garages; pedestrian walkways and bridges; buses; trains; and rail maintenance facilities.
“Space, loading” means a marked off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
“Space, parking” means an off-street space used temporarily to park a motor vehicle and having access to a public street or alley. This does not include entrance alleyways or access space to a parking lot. This space does not include area for required circulation.
“Specialized senior housing” means coordinated developments of two (2) or more owned or rented site-built single-family dwellings, mobile homes, apartments and/or condominiums which contain specialized design features and/or on-site services and activities to accommodate the mobility, nutrition, medical, social and/or other needs of persons sixty-two (62) years of age or older and/or disabled persons. Domestic partners of and/or caregivers for such persons may also reside in such developments and need not be sixty-two (62) years of age or older and/or disabled. Individual residences which contain design features to aid mobility but which are not part of a coordinated development are not included in this definition.
“Specialized senior housing dwelling unit” means a room or rooms located within a senior housing development designed, arranged, occupied or intended to be occupied by not more than one (1) senior and/or disabled family or household as living accommodations separate from other households, except that specialized senior housing dwelling units need not contain food preparation facilities and areas within the room or rooms.
“Sporting vehicle” means a motor- or wind-powered device used in or on the water or off normal public roads for recreational or sporting purposes.
“Sports and active recreation facility” means public and private facilities for various outdoor sports and other types of recreation, where the facilities are oriented more toward participants than spectators. Examples include: athletic/sport fields (e.g., baseball, football, softball, soccer); health and athletic club outdoor facilities; skateboard parks; swimming pools; and tennis and other sport courts (e.g., handball, squash).
“Stacking.” See “Queuing.”
“Start of construction” means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
“Stop work order” means an order issued by the City to immediately cease all construction, excavation, grading, building, and other unauthorized activity occurring on a site.
“Storage, incidental outside” means the stockpiling, warehousing, or other storage of any material, equipment or object which is incidental to the activities regularly conducted on the premises, not exceeding five (5) percent of the gross floor area of the principal structure on the site, which is screened on sides and located in such a manner so as to harmonize with neighboring structures and other surroundings.
“Storage, personal storage facility” means structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. Also referred to as a “mini-warehouse.”
“Story” means that portion of a building between the upper surface of any floor and the upper surface of any floor located above, except that the highest story is that portion of the structure between the highest floor surface and the ceiling or roof located above.
“Street lighting” is defined as lighting provided for major, collector, and local roads where pedestrians and cyclists are generally present. The primary purpose of street lighting is to help the motorist identify obstacles, provide adequate visibility of pedestrians and cyclists, and assist in visual search tasks, both on and adjacent to the roadway.
“String pennant” means a series of shapes, signs, streamers, or other similar devices made of fabric, plastic or other material which are connected together or attached to a cord to create a rope-like device that is typically displayed between poles or buildings.
1. A combination of materials constructed or erected which has permanent location on the ground or attached to something having permanent location on the ground, not to include fences less than six (6) feet high, or paved areas, but which does include a gas or liquid storage tank that is principally above ground; it otherwise refers to all structures or parts thereof; and
2. For purposes of Chapter 18A.95 LMC, a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of telecommunication service (whether on its own or commingled with other types of services).
“Studio, art, dance, martial arts, music, etc.” means a small scale facility, typically accommodating one group of students at a time, in no more than one instructional space. Larger facilities are included under the definition of “schools.” Examples of these facilities include: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment. Also includes production studios for individual musicians, painters, sculptors, photographers, and other artists.
“Subarea plan” means an optional element of the comprehensive plan including map or maps and descriptive text covering objectives, principles, and standards for a subarea of the City. The subarea plan shall be consistent with the comprehensive plan. A subarea may be implemented through use, development, performance, or procedural regulations and zoning.
“Super” means a box with frames in which honey is produced.
“Swap meet” means and includes, but is not limited to, arrangements whereby a person or persons sell, lease, rent, offer or donate to one (1) or more persons a place or area where such persons may offer or display secondhand or junk items. “Swap meet” includes, but is not limited to, flea markets, bazaars, and rummage sales. All swap meets must be conducted indoors.
“Tasting room” means a location separate from, or on the same site as, the production/manufacturing site, that allows customers to taste samples of wine, beer, or other alcoholic beverage and has a State of Washington issued liquor license to operate a tasting room. In addition to sampling of alcoholic beverages, a tasting room may include retail sales for off-premises consumption. The tasting room facility must be directly affiliated with a minimum of one (1) brewery/winery. The tasting room may be operated within a brewery/winery facility, accessory to separate on-site use or as a standalone retail use. Tasting rooms must comply with standard retail land use hours of operation (7:00 a.m. to 11:00 p.m.).
“Telecommunications service” means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for hire, sale, or resale to the general public. For the purpose of this subsection, “information” means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. For the purpose of this title, telecommunications service excludes the over-the-air transmission of broadcast television or broadcast radio signals.
“Temporary lighting” means lighting that (a) employs a cord and plug and is not permanently wired and (b) is installed and removed when the temporary need is over, not to exceed thirty (30) days without a special use permit.
“Theater, auditorium” means an indoor facility for public assembly and group entertainment, other than sporting events. Examples of these facilities include: civic theaters, and facilities for “live” theater and concerts; movie theaters; and similar public assembly facilities.
“Title elimination” means a process under which as of March 1, 1990, owners of manufactured/mobile homes have an option in the titling process of their home. Owners may eliminate the separate title and opt to record their home with their land as real property. This process is usually done for financial reasons. A mortgage company may require it.
To apply, the property owner must obtain a manufactured home application. Forms and instruction sheets are available in the Auditor’s Office or any Department of Licensing substation.
The Assessor-Treasurer’s Office must verify that taxes on the manufactured/mobile home are paid in full for the current year. A City or county building department must certify that the home is affixed to the land. Title elimination forms must be notarized and/or certified at the county Auditor’s Office. Filing and application fees, plus sales or use tax, may be collected by the Auditor’s Office at the time the title elimination application is processed.
After the documentation is processed and recorded in the Auditor’s Office, the Assessor-Treasurer’s Office receives a copy and the tax rolls are updated to show that the title was eliminated on the home.
“Townhouse” means a type of attached dwelling in a row of at least two (2) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more vertical common fire-resistant walls. Townhouses may be situated or grouped in different layouts within a development.
“Traffic island” means a solid or painted object in a road which marks a division between two (2) opposing streams of traffic.
“Traffic signal poles” means a pole that supports equipment used for controlling traffic, including but not limited to traffic lights, rapid flashing beacons, speed radar, and school zone flashers.
“Trailer” means every vehicle without motive power designed for being drawn by or used in conjunction with a motor vehicle.
“Transit-oriented development” means development that is centered around and coordinated in its use and design with a transit station or other transit facility. Transit-oriented development includes a variety of different planning and development projects, but is typically compact, medium to high density, mixed-use development within walking distance of transit with a focus on pedestrian-orientation and creating neighborhood centers, places and/or gathering spots.
“Transit station” means more than one (1) transit shelter in one (1) location, or one (1) large shelter, typically serving several transit routes and/or modes of transit, and which may or may not incorporate accessory convenience retail and service establishments.
“Transitional housing” means housing that provides homeless individuals and families with the interim stability and support to successfully move to and maintain permanent housing. Transitional housing may be used to cover the costs of up to twenty-four (24) months of housing with accompanying supportive services. Program participants must have a lease (or sublease) or occupancy agreement in place when residing in transitional housing.
“Transitory accommodations” means tents, sheds, huts, cabins, trailers or other enclosures which are not permanently attached to the ground, may be easily erected and dismantled, and are intended for temporary occupancy, usually for recreational or humanitarian purposes.
“Transmission equipment” means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
“Two (2) family residential structure, attached or detached dwelling units” means two (2) dwelling units located on one (1) property. The term means the same thing as “duplex” or “stacked duplex units.” A single-family dwelling containing an accessory dwelling unit shall not be interpreted as a duplex.
“Underdeveloped land” includes large parcels that may be further subdivided located within residential districts and with an existing single-family residence. It also includes existing single-family residences that are located within commercial districts.
“Unified enclosure” means a small wireless facility providing concealment of antennas and equipment within a single enclosure.
“Urban center” means a compact identifiable district where urban residents may obtain a variety of products and services. An urban center must contain (a) several existing or previous, or both, business establishments that may include but are not limited to shops, offices, banks, restaurants, governmental agencies; (b) adequate public facilities including streets, sidewalks, lighting, transit, domestic water, and sanitary sewer systems; and (c) a mixture of uses and activities that may include housing, recreation, and cultural activities in association with either commercial or office, or both, use.
“Urban growth” means growth that makes intensive use of land for the location of buildings, structures and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources.
“Use” or “land use” (noun) means an activity occurring on an area of land.
“Utilities” means electrical, natural gas, potable water, storm water, wastewater and telecommunications conveyance, collection and distribution systems.
“Utility pole” means a structure designed and used primarily for the support of electrical wires, telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or pedestrian paths.
“Utility vehicle” includes those devices capable of being moved upon a public highway and in, upon, or by which any property or animal is or may be transported or drawn upon a public highway such as utility trailers, horse trailers, and other similar devices, except for devices moved by human or animal power or used exclusively upon stationary rails or tracks.
“Variance” means a modification of regulations of this title when authorized by the Hearing Examiner after finding that the literal application of the provisions of this title would cause undue and unnecessary hardship in view of certain facts and conditions applying to a specific parcel of property.
“Vehicle services” means the repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes the following categories:
1. Major Repair/Body Work. These establishments include major engine and/or transmission repair and/or building, towing, collision repair, other body work, and painting services; tire recapping.
2. Minor Maintenance/Repair. Minor facilities providing limited repair and maintenance services. Examples include: air conditioning service and repair, attended and self-service car washes, detailing services, engine tune-up, installation and/or repair of engine accessories such as starters, muffler and radiator shops, paintless dent repair, quick-lube services, smog shops, tire and battery sales and installation (not including recapping), windshield repair, and similar routine maintenance and repair services.
Does not include automobile parking (see “Parking Facilities”), repair shops that are part of a vehicle dealership on the same site (see “Auto and vehicle sales/rental,” and “Mobile home, RV, and boat sales”); gas stations, which are separately defined; or dismantling yards, which are included under “recycling facility – scrap and dismantling yards.”
“Vehicle storage” means a service facility for the long-term storage of operative cars, trucks, buses, recreational vehicles, and other motor vehicles, for clients. Does not include dismantling yards.
“Very low income” means an individual, family, or unrelated persons living together, regardless of age or ability, whose adjusted gross income is fifty (50) percent or less of the median income, adjusted for household size, as determined by the United States Department of Housing and Urban Development for the Tacoma Primary Metropolitan Statistical Area.
“WAC” means the Washington Administrative Code.
“Wall sign” means any sign painted on or attached directly to or erected against and supported by a building wall, or facade, with the exposed face of the sign in a plane parallel to the portion of the structure to which it is attached and projecting no more than one (1) foot.
“Warehouse” means a facility for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include mini-storage facilities offered for rent or lease to the general public (see “Storage, personal storage facilities”); warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see “Wholesaling and distribution).
“Warehouse retail” means a retail store that emphasizes the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees.
“Weapons noise zones” means areas that may be affected by noise associated with large weapons training at Joint Base Lewis-McChord. The weapons noise zones are depicted in the JBLM Installation Operational Noise Management Plan.
“Western State Hospital campus” means a hospital and surrounding buildings, wards, and related and/or accessory structures, operated and maintained by the State of Washington for the care and treatment of patients affected with acute or chronic mental illness. The campus also includes the operation of an existing child study and treatment center and forensic center, both of which are located on the grounds of the Western State Hospital campus. Mental health facilities, the child study and treatment center, and the forensic center are subject to the public facilities master plan development standards listed in LMC 18A.40.060 or as hereafter may be amended. The mental health facilities located at Western State Hospital are considered to constitute an essential public facility.
“Wholesaling and distribution” means establishments engaged in selling merchandise to retailers; to contractors, industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Also includes storage, processing, packaging, and shipping facilities for mail order and e-commerce retail establishments.
“Wildlife preserve or sanctuary” means a site with wildlife habitat and other environmental resources intended to be preserved in their natural state.
“Wine production facility” means a facility licensed as a domestic winery under RCW 66.04.010 where fruit or other ingredients are processed (i.e., crushed, fermented, blended, aged, and/or stored, bottled) and may include as incidental and/or accessory to the principal use a tasting room, food and beverage service, places of public/private assembly and/or retail sales area.
“Wireless service facilities” means facilities used for personal wireless services (and commingled information services).
“Wireline” means services provided using a physically tangible means of transmission, including without limitation wire or cable, and the apparatus used for such transmission.
“Work/training release facility” means publicly or privately operated living accommodations for adults under the jurisdiction of the criminal justice system who have entered a pre- or post-charging diversion program or have been selected to participate in state-operated work/training release or other similar programs as provided in Chapters 137-56 and 137-57 WAC, as may hereafter be amended. All are subject to compliance with all applicable federal, state, and/or local licensing and other requirements.
“Yard, front” means an open space abutting a street, access easement or tract, extending across the full width or length of the lot, the required depth of which shall be measured horizontally and at right angles from the front lot line to a line parallel thereto on the lot.
“Yard, rear” means an open space extending across the full width of the lot between the principal building and the rear lot line. The depth of the rear yard shall be measured horizontally at right angles from the nearest point of the rear lot line towards the nearest part of the principal building.
“Yard, side” means an open space between the principal building and side lot line extending from the front yard to the rear yard. The width of the side yard shall be measured horizontally and at right angles from the nearest point of a side lot line towards the nearest part of the principal building.
“Zoning” means the regulation of the use of private lands or the manner of construction related thereto in the interest of implementing the goals and policies of the comprehensive plan. Zoning includes both the division of land into separate and distinct zoning districts, and the specific use and development standards that regulate development. Such regulation shall also govern those public and quasi-public land uses and buildings that provide for government activities and proprietary type services for the community benefit, except as prohibited by law. State and federal governmental activities are strongly encouraged to cooperate under these regulations to secure harmonious City development. There are several general categories of zoning used in this code:
1. Residential zoning can include single-family or any number of other designations which cover homes, apartments, duplexes, trailer parks, co-ops, and condominiums. Residential zoning can cover issues such as whether mobile homes can be placed on property, and the number of structures allowed on certain property.
2. Commercial zoning usually has several categories and is dependent upon the business use of the property, and often the number of business patrons. Office buildings, shopping centers, nightclubs, hotels, certain warehouses, some apartment complexes – as well as vacant land that has the potential for development into these types of buildings – can all be zoned as commercial. Almost any kind of real estate, other than single-family home and single-family lots, can be considered commercial real estate.
3. Like commercial zoning, industrial zoning can be specific to the type of business. Environmental factors including noise concerns usually are issues in determining into which industrial level a business falls. Manufacturing plants and many storage facilities have industrial zoning. Certain businesses – such as airports – may warrant their own designation.
Industrial zoning is often dependent upon the amount of lot coverage (which is the land area covered by all buildings on a lot) and building height. Additionally, setback requirements are often higher for industrial zoned properties.
“Zoning classification” means a designation assigned to one or more properties which prescribes allowed uses and development and operating standards for those uses. [Ord. 758 § 2 (Exh. A), 2021; Ord. 756 § 2, 2021; Ord. 751 § 4 (Exh. C), 2021; Ord. 738 § 2 (Exh. A), 2020; Ord. 726 § 2 (Exh. B), 2019.]