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Abutting means the state of being next to with no physical separation.

Accessory dwelling unit means a separate, complete dwelling unit, of a limited size, attached to or contained within the structure of the primary dwelling; or contained within a separate structure that is accessory to the primary dwelling unit on the premises.

Accessory means secondary and subordinate to the premise’s primary use, building, or structure.

Accessory use, when applied to a residence, means a use or structure that is subordinate and incidental to a residence, including:

1. Fallout/bomb shelters.

2. Household pets, provided the number, location, type or other characteristic does not adversely affect public health and they are not for a commercial purpose as in a kennel, cattery, or stable.

3. Private gardens, pea-patch farms, fish and wildlife ponds.

4. On-site rental office.

5. Pools, private docks, piers.

6. Private garages.

7. Other accessory uses as specified in this Development Code.

Adult family home means a regular family abode of a person or persons licensed and regulated by the state under Chapter 70.128 RCW to provide personal care, special care, room, and board on a 24-hour basis to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services.

Adult use means a commercial establishment that functions in whole or substantial part as an adult arcade, adult entertainment cabaret, adult motel, adult motion picture theater, adult retail store, or other adult entertainment facility.

Agricultural activities, existing and ongoing means those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and livestock, including but not limited to operation, maintenance and conservation measures of farm and stock ponds or drainage ditches, irrigation systems, changes between agricultural activities, and normal operation, maintenance or repair of existing serviceable structures, facilities or improved areas. Activities which bring an area into agricultural use are not part of an ongoing activity. An operation ceases to be ongoing when the area in which it was conducted is proposed for conversion to a nonagricultural use or has lain idle for a period of longer than five (5) years, unless the idle land is registered in a federal or state soils conversation program. Forest practices are not included in this definition.

Agricultural crop sales mean the retail sale of agricultural products such as from roadside stands or self-pick establishments.

Agriculture means the tilling of the soil, the raising of crops, horticulture, viticulture, small livestock farming, poultry, dairying, and/or animal husbandry.

Airport/heliport means a facility for the landing and taking off of public or private aircraft, including taxiways, tie-down areas, hangars, servicing and terminals.

Alley means a public vehicular thoroughfare, occupying City right-of-way parallel to and between named or numbered City streets.

Alteration means any human-induced change, modification, or addition to an existing condition of a critical area or its buffer or to a building, site, or land use.

Amusement arcade means a facility in which five or more pinball machines, video games, or other player-operator amusement devices (excluding juke boxes or gambling-related machines) are operated as a commercial activity.

Animal See Title 7 SMC for definitions relating to animals.

Annexation means the addition of territory to the City as provided by State statute.

Applicant means a person applying for permission for a land use or development regulated by this title.

Arterial means a street designated as an arterial in the Comprehensive Plan.

Auction house means an establishment where the property of others is sold by a broker or auctioneer to persons who attend scheduled sales periods or events.

Automotive service and repair means the storage and repair of trucks and automobiles, including mechanical work, body and fender works, and painting. The term does not encompass the business of wrecking automobiles or impound car lots, when conducted outside of a structure.

Automotive dismantling and/or wrecking means any dismantling or wrecking of motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts.

Auto supply store means a retail business supplying goods and services for the operation and maintenance of automobiles and motorists’ needs, including petroleum products, tires, batteries, accessories and parts.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Basement means a building story partly or wholly underground and having at least one-half of its height, measured from its floor to its finished ceiling, below the average adjoining grade.

Bed and breakfast means a single family residence within which up to four bedrooms are available for short term lodging for paying guests.

Bed and breakfast inn means a residential facility, but not necessarily a family home, within which up to six bedrooms are available for short term lodging for paying guests.

Best available science means current scientific information used in the process to designate, protect, or restore critical areas; that is, derived from a valid scientific process as defined by WAC 365-195-900 through 365-195-925.

Bog means a low-nutrient, acidic wetland with organic soils and characteristic bog plants, as described in Washington State Wetland Rating System for Western Washington: 2014 Update (Washington State Department of Ecology Publication No. 14-06-29, Olympia, WA, October 2014).

Bond means a security provided by a bonding company, in an amount and form satisfactory to these regulations, to insure that required improvements are installed, and providing a warranty against defective material or workmanship.

Book, stationery, video, and art supply means an establishment engaged in the retail sale of books and magazines, stationery, video, and/or art supplies.

Buffer or buffer zone means an area contiguous to a critical area that is established to maintain the functions and/or structural stability of the critical area.

Buildable area means the portion of a lot free of special restrictions that can be developed subject only to the dimensional and other requirements established in Chapter 14.210 SMC. Buildable area does not include setback areas established by this Development Code for the land use designation area in which the lot is located nor any easements, native growth protection areas, open space tracts, drainage facilities, or other similar restrictions on construction.

Building means a roofed structure designed to shelter persons, animals, or property.

Building, hardware, and garden materials means an establishment engaged in selling lumber and/or other building materials, feed, and lawn and/or garden supplies.

Building height means the vertical distance from the average adjoining curb elevation to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof, and to the mean height level between the eaves and ridge for a gable, hip or gambrel roof; provided, however, that where the buildings are set back more than ten feet from the property line adjacent to a street, the height of the building shall be measured from the average elevation of the finished grade of the building, as shown in the illustration below.

Building Official means the person responsible for administering building codes in the City of Snohomish.

Bulk retail means a land use that is primarily engaged in the retail sale of bulk goods, including food, building, hardware and garden materials, dry goods, apparel and accessories, home furnishings, house wares, drugs, auto supplies, hobby, toys, games, photographic supplies, and equipment, and electronics.

Campground means a facility for temporary occupancy of tents, recreational vehicles, and similar abodes without hook-up facilities, primarily for recreational purposes, as an on-going or commercial activity.

Cemetery, columbarium or mausoleum means land or structures used for burial of the dead. For purposes of this code, pet cemeteries are considered a subclassification of this use.

Cemetery Creek Special Project means the Cemetery Creek Sewer Trunkline, Segments 1-4.

Childcare means the same as daycare.

Church, synagogue, temple, or mosque means a place where gathering for worship is the principal purpose of the use. Typical accessory uses associated with this use include private schools, reading rooms, assembly rooms, and residences for nuns and clergy, but excluding facilities for training of religious orders and homeless encampments.

City Attorney means the Snohomish City Attorney.

City Council means the Snohomish City Council.

City Engineer means the Snohomish City Engineer.

City Planner means the same as Planning Director.

Civil drawings mean construction drawings, calculations, and specifications prepared by a licensed engineer detailing the engineering aspects of a development proposal.

Clearing means the removal of timber, brush, ground cover, or other vegetation from a site and does not include grading.

Clinic means a building for licensed outpatient health services.

Club means a non-commercial association of persons for a common purpose.

Commercial/industry accessory use means a use that is subordinate and incidental to a commercial or industry use; including employee exercise facilities, employee food service facilities, and employee day care facilities; incidental storage of raw materials and finished products sold or manufactured on-site, and business owner or caretaker residence.

Commercial use means activities which provide goods, merchandise, and/or services for compensation.

Community-based theater means a land use where musical and dramatic performances are staged for public audiences. The term includes only those facilities owned and operated by a non-profit organization. Accessory uses may include arts education, assembly uses, ticket sales, and concessions.

Community residential facility means living quarters meeting applicable federal and state standards that function as a single housekeeping unit for eight or more individuals excluding staff, providing such supportive services as counseling, rehabilitation, and medical supervision, excluding drug and alcohol detoxification and prisoner release participants.

Community residential facility - prisoner release means a community residential facility for prisoner release participants and programs such as half-way houses.

Community stable means a facility in which horses or other livestock are kept for boarding, training, breeding, rental, or riding lessons.

Comprehensive Plan means the City of Snohomish Comprehensive Plan.

Conditional use means a use allowed on a property within a designation only after review by the Hearing Examiner and with approval of permit conditions as necessary to make the use compatible with other permitted uses in the same vicinity and designation.

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. A condominium is not effected until a declaration of condominium and a survey map and plans have been recorded pursuant to Chapters 64.32 and/or 64.34 RCW.

Conference center means a meeting facility, sometimes including accessory facilities for recreation, lodging, and related activities.

Congregate care/assisted living facilities means housing for seven or more elderly and/or disabled persons with services provided such as meals, laundry, housekeeping, personal care assistance, and assistance during temporary illness, but not medical care for the chronically ill or infirm. Kitchens and dining space may be provided in individual dwelling units. Practical nursing and Alzheimer’s care, recreational programs, and facilities may be provided. “Disabled” shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the facility would constitute a direct threat to the health and safety of other individuals. The term shall not include alcoholism or drug treatment centers or housing facilities serving as an alternative to incarceration. Land uses for which the definition herein of family also applies shall be regulated as a family rather than a congregate care/assisted living facility. For the purposes of this definition, the “elderly” refers to persons 55 years and older.

Convenience Store means a small version of a food or grocery store having a limited stock of items both in regard to variety and quantity. Some convenience stores may also have an associated vehicle fueling facility located in the paved parking area.

Conversion means a change in use of a structure.

Cottage means a small, detached dwelling unit, not greater than 1,000 square feet in total floor area that is developed at a density not greater than the underlying zone, with more than one unit occupying a single lot.

Cottage Housing Development means two or more cottage dwellings constructed upon a single lot.

County auditor means the Snohomish County official as defined in Ch. 36.22 RCW.

County treasurer means the Snohomish County official as defined in Ch. 36.29 RCW.

Covenant means a legal restriction on the actions of any land owner who is party to a contractual provision that is binding on real property.

Creation, wetland means the manipulation of the physical, chemical, or biological characteristics of a site to develop a wetland on an upland or deepwater site where a wetland did not previously exist. Creation results in a gain in wetland acreage and function. A typical method for wetland creation includes, but is not necessarily limited to, the excavation of upland soils to elevations that will produce a wetland hydroperiod and hydric soils, and support the growth of hydrophytic plant species.

Critical area report means an investigation, report, map, study and/or evaluation, which may be required to demonstrate that a proposed development activity is in compliance with this title. As applicable, a critical area report may be a habitat management plan or a geotechnical report.

Critical areas means environmentally sensitive areas of land, including wetlands, frequently flooded areas, habitat conservation areas, geologically hazardous areas, and critical aquifer recharge areas, as defined in Chapter 36.70A RCW and in this title, needing protection.

Critical wildlife habitat means habitat areas, which are associated with threatened, endangered, sensitive, or priority species of plants or wildlife and which, if altered, could reduce the likelihood that the species will maintain and reproduce over the long term. Such areas are documented in lists, categories, and definitions of species promulgated by the Washington Department of Fish and Wildlife (Non-Game Data System Special Animal Species) as identified in WAC 232-12-011 or 232-12-014, and in the Priority Habitat Species lists compiled per WAC 365-190-080; or by rules and regulations adopted currently or hereafter by the U.S. Fish and Wildlife Service. Critical wildlife habitat also includes:

A. Regionally rare native fish and wildlife habitat (i.e. one of five or fewer examples of the habitat type within Snohomish County);

B. Fish and wildlife habitats with irreplaceable ecological functions, and

C. Documented habitat of regional or national significance for migrating birds.

Cul-de-sac means a road closed at one end, where the closed end is a circular or near circular shape providing a permanent turnaround.

Daycare means licensed care of children, including preschool and early learning services, away from their own home a substantial portion of the day but less than twenty-four (24) hours, by persons other than their parents or legal guardian. All daycare facilities shall be licensed by the Washington State Department of Early Learning pursuant to Chapter 170-295 WAC as exists now or is hereafter amended.

Daycare, commercial means a daycare facility for more than six (6) children within a nonresidential building or within the nonresidential portion of a mixed use building.

Daycare, family means a daycare facility provided in a residential dwelling unit in which the full-time occupant provides daycare for children other than his/her own family and the children of close relatives. Family daycare facilities may provide care for up to twelve (12) children, including the children living in the home or children of close relatives cared for in the home, between the hours of 6:00 a.m. and 7:00 p.m.

Dedication means conveyance of land to a public agency for general public purposes by deed or some other instrument of conveyance, or by dedication on a plat, short plat, or binding site plan and record of survey.

Degraded wetland buffer means a buffer area which cannot fully protect its adjacent wetland due to one (1) or more of the following existing conditions:

1. Lack of vegetative cover or presence of bare soils (resulting from disturbance, fill, debris, or trash);

2. Significant cover (over fifty (50) percent) in vegetation that does not contribute to the functionality of the wetland buffer;

3. Significant cover (over fifty (50) percent) in invasive species or noxious weeds;

4. Presence of existing nonconforming structures or improvements.

Density means the number of dwelling units on one acre of land.

Department means the City of Snohomish Department of Planning and Development Services.

Department store or variety store means an establishment engaged in the retail sale of various merchandise, such as dry goods, apparel, accessories, home furnishings, and house wares.

Destination resort means an establishment for resource-based recreation which is intended to utilize outdoor recreational opportunities and which includes related services, such as food, overnight lodging, equipment rentals, entertainment, and other conveniences for guests of the resort.

Detached means physically separated.

Detached Condominium means a detached dwelling unit, not greater than 2,000 square feet in total floor area that is developed at a density not greater than the underlying zone, with more than one dwelling occupying a single lot.

Detached Condominium Development means two or more detached condominiums constructed upon a single lot.

Detention means the temporary storage of storm water runoff to control peak discharge rates and allow settling of storm water sediment.

Detention facility means an above- or below- ground drainage facility, such as a pond or tank, that temporarily stores storm water runoff and releases it at a slower rate than it is collected by the drainage facility. The facility includes the flow control structure, the inlet and outlet pipes, and all maintenance access points.

Developer means a person who owns, holds a purchase option on, or otherwise controls property which the person proposes for development.

Development means the construction or exterior alteration of structures; grading, dredging, drilling, or dumping; filling; removal of sand, gravel, or minerals; bulk heading; driving of pilings; or any project of a temporary or permanent nature which modifies structures, land, wetlands, or shorelines.

Diversity, when applied to habitat, means diversity or complexity of vegetation as indicated by stratification of plant communities, variety of plant species, and spacing of vegetation.

Downstream analysis means an analysis of potential drainage impacts and drainage facilities downstream of the subject property and/or development activity.

Driveway means a facility for the passage of vehicles, constructed in accordance with the City of Snohomish street standards, which provides access from a public or private road to an individual development.

Drug store means an establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies.

Duplex means a residential structure containing two dwelling units that have a contiguous wall, which structure is located on one lot. The term does not include a mobile home or a structure containing an attached or detached accessory dwelling unit.

Dwelling unit means one or more rooms with internal accessibility, designed for one family to live or sleep in, containing kitchen facilities and a bathroom. The term includes individual apartment units and manufactured homes.

Easement means a right granted by a property owner to specifically named parties or to the public for the use of certain land for specified purposes. Where appropriate to the context, “easement” may also refer to the land covered by the grant. “Easement” may include access, pedestrian paths, bicycle paths, utility easements, drainage, native growth protection areas, or open space.

Ecology means the Washington State Department of Ecology unless specifically stated otherwise.

Elementary and middle/junior high school means institutions of learning required by the State of Washington with grades kindergarten through 9, including associated meeting rooms, auditoriums, and athletic facilities.

Enclosed, when applied to an activity, means totally concealed from expected human viewpoints by building, wall, fence, or other structure. When applied to a building, enclosed means totally enclosed via floor, walls, roof, and closable doors or windows.

Energy resource recovery facility means a facility for recovering energy from the incineration, pyrolysis, or use of heat from solid waste.

Enhancement, when applied to wildlife habitat, wetlands, or wetland buffers, means the manipulation of the physical, chemical, or biological characteristics of a critical area or its buffer to heighten, intensify, or improve specific function(s) or to change the growth stage or composition of the vegetation present by means including, but not limited to, increasing plant density or diversity, removing nonindigenous or noxious species, or controlling erosion.

Environmental checklist means a form filled out to determine whether an action might have an impact on the environment, pursuant to Ch. 43.21C RCW.

Environmental impact statement means a written document required under the State Environmental Policy Act, describing the impacts that could result from an action and how such impacts might be mitigated, prepared in accordance with Chapter 197-10 WAC.

Erosion means the wearing away of the earth’s surface by wind, water, or other natural agents.

Erosion hazard areas means those areas with naturally occurring slopes, containing soils which are at high risk from water erosion according to the mapped description units of the United States Department of Agriculture Soil Conservation Service Soil Classification System.

Fabric shop means an establishment engaged in the retail sale of sewing supplies and accessories.

Fabrication shop means an establishment for the fabricating of goods. The term includes welding, cabinet, machine, and other similar shops.

Family means one or more persons related by blood, adoption, or marriage, or a group of not more than five persons not related by blood, adoption, or marriage, living together as a single housekeeping unit in a dwelling unit. For the purposes of this definition and notwithstanding any other provision of this Code, children with familial status within the meaning of Title 42 United States Code, Section 3602(k) and persons with handicaps within the meaning of Title 42 United States Code, Section 3602(h) will not be counted as unrelated persons. Adult family homes and foster homes, as defined herein, shall be included within this definition of family. Facilities housing individuals who are incarcerated as the result of a conviction or other court order shall not be included within this definition of “family”.

Family childcare means the same as family daycare.

Fence means a manmade barrier erected to enclose, screen or separate areas of land. Vegetation, such as a hedge, is not a fence.

Fence, open means a chain link fence without slats or a fence where there is a minimum of one inch opening for every two inches of solid material evenly distributed across the length of the fence.

Fence, solid means a fence with no openings or openings less than one inch wide or with less than one inch opening for every two inches of solid material.

Filling means a deposit of earth material placed by mechanical means.

Final plat means the final drawing of a subdivision and dedication prepared for filing for record with the County Auditor.

Flood means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of surface waters from any source.

Flood hazard area, special (“Special flood hazard area”) means the land in the flood plain that is subject to a one percent or greater chance of flooding in any given year.

Floodplain means a land area adjoining a river, stream, watercourse, ocean, bay, or lake which is likely to be flooded. The extent of the floodplain may vary with frequency and volume of flooding. The floodplain typically consists of the floodway and the floodway fringe.

Flood proofing means any combination of structural and nonstructural additions, changes or adjustments to properties and structures, which reduces or eliminates flood damages to lands, water and sanitary facilities, structures and contents of buildings.

Floor area means the space defined by the exterior walls, floor and ceiling of a building or structure.

Floor area ratio means the gross floor area of all buildings on a lot divided by the area of that lot.

Florist shop means an establishment engaged in the retail sale of flowers and plants.

Forest product sales means the sale of goods produced, extracted, or harvested from a forest, including trees, logs, firewood, cones, Christmas trees, berries, herbs, or mushrooms.

Forest research means the performance of scientific studies relating to botany, hydrology, silviculture, biology, and other branches of science in relation to management of forest lands.

Foster home means a residence licensed by the state to provide care on a 24-hour basis to at least one but not more than six unrelated persons under the age of eighteen years.

Fraternity, sorority, or group student house means a building occupied by and maintained exclusively for students affiliated with an academic or professional college or university or other recognized institution of higher learning and when regulated by such institution.

Freestanding wall means a standalone wall not attached to a structure. Freestanding walls can be decorative or functional.

Freestanding wall, decorative means a wall with a primary purpose other than to resist the lateral displacement of soil. For the most part, the primary purpose of decorative freestanding walls is to serve an aesthetic, screening, or buffering purpose.

Freestanding wall, functional means a wall whose primary purpose is to resist the lateral displacement of soil. Retaining walls and rockeries are functional freestanding walls.

Front yard area or front yard setback area means the space between the front property line and the front setback line and between the side property lines.

Frontage improvements means improvements to roadways abutting a development and required as a result of that development. Generally, frontage improvements shall consist of appropriate base materials, maximum of one lane of paved road section (up to 12 feet), bus pullouts and waiting areas where necessary, bicycle lanes and bicycle paths where applicable, storm drainage improvements, curbs, gutters and sidewalks.

Functions and values means the services provided by critical areas to society, including, but not limited to, improving and maintaining water quality, providing fish and wildlife habitat, supporting terrestrial and aquatic food chains, reducing flooding and erosive flows, wave attenuation, historical or archaeological importance, educational opportunities, and recreation.

Furniture and home furnishings store means an establishment engaged in the retail sale of household furniture and furnishings for the home.

Garage, private (“Private garage”) means a building or a portion of a residential building designed or used primarily for shelter or storage of vehicles or boats, but not airplanes. Where any vehicles or boats are equipped for operation, repaired, or kept for remuneration, hire or sale, the term “private garage” does not apply.

Garage, public (“Public garage”) means a building or a portion of a commercial building designed or used primarily for temporary shelter or storage of vehicles in exchange for a fee, or accessory to a commercial use.

Gasoline service station means a facility for the retail sale of gasoline and other automobile fuels available at pump islands, together with light general maintenance of automobiles.

General business service means an establishment providing services to businesses or individuals, with no outdoor storage or fabrication.

General personal service means an establishment engaged in providing services to individuals, such as cleaning and laundry, beauty and barber shops, shoe and other clothing repair shops, photographer, bookkeeping, tax preparation, and other personal services.

Geologically hazardous area means an area susceptible to significant or severe risk of landslides, erosion, or seismic activity.

Golf facility means a public or private facility for playing golf, including golf courses, driving ranges, miniature golf, and related pro shops, caddy shacks, restaurants, offices, meeting rooms, and storage facilities.

Governmental facility means a facility owned or leased and operated, by an agency of the federal, state, or local government.

Grade means an established elevation provided by the City Engineer, or, when such information is not available, the elevation of the sidewalk at the property line, or, when there is no sidewalk, the average elevation of the street adjacent to the property line.

Grading means the excavation, filling, leveling, or contouring of the ground surface by human or mechanical means.

Gross floor area means the sum of all spaces defined by exterior walls, floors, and ceilings, including basements, mezzanines and all floor levels.

Habitable floor means any floor usable for living, working, sleeping, eating, cooking, or recreation, excluding floors used only for storage.

Hazardous substances means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090 or 173-303-100.

Hazardous tree means a tree which poses an imminent danger of falling.

Hearing Examiner means the City of Snohomish Hearing Examiner.

Heavy equipment repair means the repair and maintenance of self-powered, self-propelled, or towed mechanical devices used for commercial purposes, including tandem axle trucks, graders, backhoes, tractor trailers, cranes, and lifts, but excluding repair of automobiles, recreational vehicles, boats, and recreational trailers.

Helipad means a landing area designed for the landing of helicopters, including associated parking, lighting, and related safety/security improvements.

Hobby, toy, and game shop means an establishment engaged in the retail sale of toys, games, hobby, or craft kits.

Home occupation means a limited-scale service activity undertaken for financial gain with minimal or no on-site sales, which occurs in a dwelling unit or accessory building and is subordinate to the primary use of the premises as a residence.

Homeless encampment means an emergency homeless encampment, sponsored by a religious organization and managed by said religious organization or other managing agency, which provides temporary housing to homeless persons either within buildings located on the property owned or leased by a religious organization or located elsewhere on said property outside of buildings. The term “homeless encampment” shall not apply to the provision of indoor temporary housing or indoor sleeping accommodations to homeless persons where the period of accommodation lasts less than 48 consecutive hours.

In-kind mitigation/compensation means replacement of critical areas with substitute areas whose characteristics and functions closely approximate or improve those destroyed or degraded by a regulated activity.

Individual transportation and taxi means an establishment engaged in furnishing individual or small group transportation by motor vehicle.

Industry use means all activities involved in the processing or fabricating of a product.

Isolated wetland means a wetland that is hydrologically isolated from other aquatic resources, as determined by the United States Army Corps of Engineers (USACE). Isolated wetlands may perform important functions and are protected by state law (Chapter 90.48 RCW) whether or not they are protected by federal law.

Jail means a facility operated by a governmental agency for the incarceration of persons for the purpose of punishment, correction, and rehabilitation following conviction of an offense.

Jewelry store means an establishment engaged in the retail sale of a variety of jewelry products.

Land use designation means a classification of land according to the general use allowed therein, under which certain regulations are imposed and which appears in one or more locations on the City of Snohomish Comprehensive Plan’s Land Use Map.

Land Use Map means that official City of Snohomish map which is a part of the Comprehensive Plan, and which defines the boundaries of the land use designations included in the Land Use Development Code.

Landscaping means the artificial application of natural and manmade materials to improve the appearance of real property.

Landslide means down slope movement of a mass of soil, rock, snow or ice including, but not limited to, rock falls, slumps, mud flows, debris flows, torrents, earth flows and snow avalanches.

Landslide hazard area means areas that, due to slope and soil permeability, are susceptible to land sliding.

Landing field means a runway or landing area which is designed, used or intended to be used by private aircraft, including necessary taxiways, storage, and tie-down areas.

Level of service means a qualitative measure, describing operational conditions within a traffic stream and the perception thereof by road users. Level-of-service standards may be evaluated in terms such as speed and travel time, freedom to maneuver, traffic interruptions, comfort, convenience, geographic accessibility, and safety. The highway capacity manual defines six levels of service for each type of facility for which analysis procedures are available. They are given letter designations, from A to F, with level-of-service A representing the best operating condition and level-of-service F the worst, as calculated by a methodology endorsed by the Institute of Transportation Engineers (ITE).

Light manufacturing means processing and fabricating activities which provide minimal hazards or nuisance related to noise, vibration, glare, odor, smoke, dust, air pollution, toxins, fire, explosion, or traffic. Light manufacturing uses include, but are not limited to, the processing, fabrication, assembly, treatment, packaging, incidental storage, and distribution of previously prepared materials or finished products or parts. Light manufacturing uses do not include the basic industrial processing of unfinished unprocessed raw materials.

Loading space means an area required to be maintained on certain business, commercial and industry lots, in addition to regular yard requirements, used for the loading and unloading of trucks and other vehicles.

Log storage means a facility for open or enclosed storage of logs, including incidental offices and repair facilities for on-site equipment.

Lot means a piece of land having fixed boundaries, either as part of a subdivision or through metes and bounds description, including tracts and parcels. The term does not include divisions or descriptions created solely for access purposes, utility purposes, open space or mitigation purposes, or tax record purposes by the Snohomish County Assessor’s Office.

Lot area means the total horizontal area within the lot lines of a lot, as shown in the following diagram:

Lot, corner (“corner lot”) means a lot bounded by more than one street, road or, private road.

Lot coverage means the area of a lot that can be covered with a building, structure, or required parking. An example of lot coverage is shown in the diagram below which illustrates both lot lines and lot coverage.

Lot, interior (“interior lot”) means a lot bounded by no more than one street, road, or private road with the remainder of the lot lines abutting other lots, tracts, or alleys.

Lot line means a boundary of a lot, as shown in the following diagram. Property line means the same as lot line.

Lot line adjustment means a division made for the purpose of adjusting boundary lines, which does not create any additional lot, cause any lot to contain insufficient area, dimensions, or building setbacks, relocate an entire lot from one parent parcel into another parent parcel, or reduce the overall area in a plat or short plat devoted to open space, and which is not inconsistent with any restrictions or conditions of approval for a recorded plat or short plat, does not involve lots which do not have a common boundary, and does not circumvent the subdivision or short subdivision procedures set forth in this title.

Lot, parent (“parent lot”) means the initial lot from which unit lots are subdivided pursuant to SMC 14.215.125.

Lot, unit (“unit lot”) means one of the individual lots created by the subdivision of a parent lot pursuant to SMC 14.215.125.

Lot width means the distance between the side lines of a lot. Lot width shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle. Examples of how lot width is measured are shown in the following diagram.

Lots, contiguous (“contiguous lots”) means lots with a common property line.

Low impact development (LID) is a stormwater and land use management strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, storage, and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design.

Low impact development (LID) facilities are distributed stormwater management practices, integrated into a project design, that emphasize pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation, and transpiration. LID best management practices include, but are not limited to, bioretention, rain gardens, permeable materials, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water reuse.

Lowest floor means the lowest floor of the lowest enclosed area of a building including the basement and excluding unfinished enclosures used solely for parking of vehicles, building access, or storage other than in the basement.

Manufactured home means a structure as defined in RCW 35.63.160(2), constructed after June 15, 1976, in compliance with Housing and Urban Development standards. For floodplain management purposes, “manufactured home” also includes park trailers, travel trailers, and similar vehicles placed on the site for greater than one hundred eighty consecutive days.

Marina means an establishment providing docking, moorage space, and related activities limited to the provisioning or minor repair of pleasure boats and yachts, and personal services including but not limited to showers, toilets, self-service laundries and boat fueling.

Mature and old-growth forested wetland means a wetland having at least one (1) contiguous acre of either old-growth forest or mature forest, as described in Washington State Wetland Rating System for Western Washington: 2014 Update (Washington State Department of Ecology Publication No. 14-06-29, Olympia, WA, October 2014).

Maximum dwelling units (density) means the maximum number of units per acre permitted in the project’s land use designation.

Minimum lot size means the specified minimum lot area required for a property to be used for uses allowed under the land use designation in which it is located.

Minor variance means a minor variance as defined in SMC 14.70.020.

Mitigation means avoiding, minimizing, or compensating for adverse impacts on critical areas. Mitigation, in the following sequential order of preference, is:

1. Avoiding the impact altogether by not taking a certain action or parts of an action.

2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts.

3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment to the conditions existing at the time of the initiation of the project.

4. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action.

5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments.

6. Monitoring the impact or other required mitigation and taking remedial action when necessary.

Mitigation for individual actions may include a combination of the above measures.

Mobile home park means a development with two or more improved pads or spaces designed to accommodate mobile homes.

Multi-family means a building or site designed or used to house two or more families independently, excluding accessory dwelling units.

Multi-family unit means an attached or detached dwelling unit in a multi-family structure or on a multi-family site.

Native vegetation means indigenous plant species that occur naturally in a particular region or environment.

NE Sewer Area means an area either within the City of Snohomish’s Urban Growth Boundary or within the City limits of the City of Snohomish and located generally north of Blackmans Lake and east of State Route 9. The area is depicted on a map attached as Exhibit A to Ordinance 2252.

Non-conforming means a structure or use lawfully existing until passage of an ordinance codified in this title and not conforming to said ordinance.

Nursing/convalescent home means a structure and/or premises required to be licensed as a nursing home under Chapter 18.51 RCW and providing convalescent or chronic care, or both, for a period in excess of twenty-four consecutive hours for patients who, by reason of illness or infirmity, are unable to properly care for themselves; but excluding contagious, communicable, or mental illness cases and surgery or primary treatments such as are customarily provided for in hospitals. Group residential facilities and treatment centers are also excluded.

Off-premises sign means a sign which advertises a product, service, or company, not located on the property on which the sign is situated.

Off-street parking means parking that is not in a public right-of-way and is reserved for a specific land use.

Open space means the area of a lot not covered by structures, streets, driveways, parking and loading spaces, and storage yards.

Ordinary high water mark means that mark which is found by examining the bed and banks of water bodies and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, that the soil has a character distinct from that of the abutting upland in respect to vegetation.

Out-of-kind mitigation means replacement of wetlands with wetlands whose characteristics do not closely approximate those being damaged or degraded.

Park means a piece of ground maintained for purposes of recreation, including pleasure, exercise, amusement or ornamentation.

Parking requirement means the number of parking spaces required by this development code for a certain use.

Parking space means the area required to store a vehicle plus the necessary maneuvering area.

Party of record means the applicant or a person who testifies at a hearing or in writing about a matter before the Hearing Examiner.

Permitted use means a use that is unconditionally allowed in a land use designation.

Person means a person, party, firm, corporation, agency, or other entity.

Pet shop means an establishment engaged in the retail sale of pets, pet supplies, or grooming of pets.

Photographic and electronic shop means an establishment engaged in the retail sale of cameras and photographic supplies and/or a variety of household electronic equipment.

Planning Commission means the City of Snohomish Planning Commission.

Planning Director means the manager of the City of Snohomish Department of Planning and Development Services. It means the same as City Planner as provided for in Chapter 2.34 SMC.

Plat means the drawing of a subdivision of land and other elements as required pursuant to Ch. 58,17 RCW.

Preliminary plat means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision, which furnishes a basis for the approval or disapproval of the general layout of the subdivision.

Premises mean a lot with or without structures.

Print shop means an establishment employing 25 or fewer persons, which provides custom printing services to the public. The term may include publishing of books, magazines, periodicals or newspapers.

Processing means those activities which alter or refine an existing product.

Professional office means a place of business which is used by licensed professionals or persons in generally recognized professions, requiring training or knowledge of a technical, scientific, or other academic discipline as opposed to manual skills, and which does not involve either outside storage or fabrication, or on-site sale or transfer of commodities.

Project area means all areas, including those within fifty (50) feet of the area, proposed to be disturbed, altered, or used by the proposed activity or the construction of any proposed structures. When the action binds the land, such as a subdivision, short subdivision, binding site plan, planned unit development, or rezone, the project area shall include the entire parcel, at a minimum.

Property line means the same as “lot line.”

Property line, front means the property line separating the lot from the street. In the case of corner lots where there are two or more property lines that abut streets, the front property line shall be the property line abutting the street from which the primary pedestrian entrance is taken.

Property line, rear means the property line which is opposite and most distant from the front property line. In the case of triangular or other irregularly shaped lots, an imaginary line 20 feet in length located entirely within the lot, parallel to and at a maximum distance from the front lot line. When a lot extends into and beyond the mean low water line of a body of water, the rear property line shall be the mean low water line.

Property line, side means any property line other than a front or rear property line.

Public agency office means an office for the administration of any governmental activity or program.

Public agency training facility means an establishment for training in law enforcement, fire safety, national guard, and transit operations, including classrooms, dining, overnight accommodations, shooting ranges, auto test tracks, and fire suppression simulations.

Public agency yard means a facility for open or enclosed storage, repair, and maintenance of vehicles, equipment, or related materials, excluding document storage.

Public hearing means a formal meeting on a particular matter for which notice has been given, the public is allowed to comment, and comments become part of the record.

Public street means a roadway which is controlled by the City, other than an alley.

Public use means an activity operated by the federal, state, county, or City government or a special purpose district.

Qualified consultant means a scientist or other professional with the expertise and credentials necessary to provide competent advice on the matter in question.

Qualified landscape designer means a person who possesses a degree from an accredited institute of higher learning in one of the following fields or who has completed apprenticeship requirements in one of the following fields: landscape architecture, horticulture, floriculture, arboriculture, botany, wetland science, urban forestry, or a similar field. A qualified landscape designer may also be a person determined by the City Planner to be qualified based upon that person’s education, professional referrals, related experience, work history, and examples of comparable landscape design projects.

Qualified wetland professional means a professional wetland scientist with at least two (2) years of full-time work experience as a wetlands professional, including delineating wetlands using the federal manual and supplements, preparing wetlands reports, conducting function assessments, and developing and implementing mitigation plans.

Rear yard area or rear yard setback area means the space between the rear property line and the rear setback line and between the side property lines.

Reasonable use means the minimum economic use a property owner is entitled to by virtue of the due process and takings clauses of the state and federal constitutions.

Recorded development plan means a plan approved by the City and recorded by the developer, whereby the development of a site is regulated in a manner which allows some flexibility in order to promote more rational planning and development, while still being consistent with the requirements of this title.

Recreational vehicle parks means land on which two or more recreational vehicles, including hook-up facilities, are located for occupancy by the general public as temporary living or recreation quarters.

Reestablishment, wetland means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Reestablishment results in rebuilding a former wetland and results in a gain in wetland acres and functions. Activities could include removing fill material, plugging ditches, or breaking drain tiles.

Rehabilitation, wetland means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland could involve breaching a dike to reconnect wetlands to a floodplain. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres.

Repair or maintenance means an activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter critical areas are not included in this definition.

Residence or residential refers to a building or part thereof containing dwelling units or rooming units, including houses, multi-family dwellings, boarding houses, and rooming houses. The term excludes hotels, motels, and correctional, medical, and convalescent facilities.

Resource accessory use means a use, structure, or part of a structure, that is customarily subordinate and incidental to an agricultural resource use, including housing of agricultural workers on site, on-site storage of agricultural products or equipment, or other uses as specified in this Development Code.

Restoration means measures taken to restore an altered or damaged natural feature, including:

1. Active reestablishment steps taken to restore damaged wetlands, streams, protected habitat, or their buffers to the functioning condition that existed prior to an unauthorized alteration; and

2. Rehabilitation actions performed to repair structural and functional characteristics of a critical area that have been lost by alteration, past management activities, or catastrophic events.

Retail use means those activities which feature the sale of commodities for compensation.

Retaining wall means a wall of any material to resist the lateral displacement of soil, the slope of which is greater than 1.5 horizontal to 1 vertical. Retaining walls are not subject to the setback requirements in Chapter 14.210 SMC. Retaining walls are a type of functional freestanding wall. Rockeries are a type of retaining wall.

Retirement apartments mean dwelling units exclusively designed for and occupied by senior citizen residents 62 years of age or older in accordance with the requirements of state and/or federal programs for senior citizen housing. There is no minimum age requirement for the spouse of a resident who is 62 years of age or older.

Retirement housing means dwellings exclusively designed for and occupied by senior citizen residents 62 years of age or older, in a building with central kitchen facilities providing meals for the residents. There is no minimum age requirement for the spouse of a resident who is 62 years of age or older.

Right-of-way means land purchased by or dedicated to the public for the movement of vehicular or pedestrian traffic.

Rockery means the same as “retaining wall.” Rockeries are a type of functional freestanding wall.

Roomer/boarder means a resident of a single-family dwelling or approved accessory dwelling unit who is not a member of the family occupying the single-family dwelling. Compensation may or may not be provided.

School means any institution, such as an elementary, middle, junior high, senior high, be it public, private, or parochial, which offers instruction as required by the State Board of Education.

School bus base means an establishment for the storage, dispatch, repair, and maintenance of school transit vehicles.

School district support facility means facilities other than schools and bus bases, which are necessary for operating a school district, including central kitchens and maintenance or storage facilities.

School impact fee means a payment of money imposed upon residential development as a condition of approval to pay for school facilities needed to serve the development. The school impact fee does not include a permit fee, application fee, administrative fee for collecting and handling impact fees, or the cost of reviewing independent fee calculations.

Screening means any fence, horticulture, or other sight-obscuring barrier, which separates two activities.

Self-service storage facility means a facility for leasing or renting individual storage units.

SEPA means the State Environmental Policy Act, Ch. 43.21C RCW.

Setback means the required minimum distance between structures on a lot and a property line, measured horizontally and at a 90-degree angle to the property line if straight or to a tangent thereto if curved.

Shall means the prescribed action is mandatory.

Shoreline, whenapplied to areas regulated by the Washington State Shoreline Management Act, means all water areas within the Snohomish City limits, but excluding streams upstream of a point where their mean annual flow is twenty cubic feet per second or less, together with the land extending landward for two hundred feet in all directions measured on a horizontal plane from the ordinary high water mark and all wetlands and flood plains associated with said water areas.

Short plat means the drawing of a subdivision of land into four or fewer lots.

Short subdivision means the division of land into four or less lots or tracts for the purpose of sale or lease.

Side yard area or side yard setback area means the space between a side property line and the nearest side yard setback line and between the front setback line and the rear setback line.

Sight obstruction means any building, structure or horticultural material, which restricts the vision of automobile and/or pedestrian traffic while using the right-of-way for travel.

Sign area means that area enclosed by straight lines drawn around the periphery, of the sign, excluding any supporting structure which does not form a part of the sign. The area of a double-faced sign (display surface on opposite sides of a single board) shall be computed on the basis of one sign face.

Significant stand of trees means trees covering an area of at least 2,500 square feet, where the drip line of the trees covers half of the area which according to an arborist is necessary for the trees to remain healthy and viable.

Significant tree means a deciduous and evergreen tree eight (8) inches or greater in diameter measured at a point four (4) feet above the ground, other than alders and cottonwoods (Alnas rubra and Populis trichocarpa).

Single-family, attached means any residential dwelling sharing a vertical wall with one or more dwellings on separate lots, with each dwelling having its own access to the outside. No portion of an attached single-family dwelling is located over another dwelling.

Single-family detached means a single-family dwelling not attached to any other dwelling.

Single-family dwelling means a building containing one dwelling unit on one lot. The term excludes non-HUD-certified mobile homes and travel trailers, recreational vehicles, tents, and other forms of portable or temporary housing.

Site plan means a map or drawing showing the location of buildings, structures, landscaping, parking areas, driveways, streets, and other pertinent features drawn to scale.

Slope means an inclined earth surface, the inclination of which is expressed as the ratio of horizontal distance to vertical distance.

Specialized instruction school means an establishment providing specialized instruction in such matters as art, dance, music, cooking, driving, pet obedience training and other technical and general educational areas, but not having the full range of facilities, such as sports fields and auditoriums, commonly included in a typical high school or college campus.

Species, listed means any species listed under the Federal Endangered Species Act or state endangered, threatened, and sensitive or priority lists (see WAC 232-12-297 or page 6 of “Priority Habitat and Species List,” Washington Department of Fish and Wildlife, 2008, Olympia, Washington. 177 pp.).

Sporting goods store means an establishment engaged in the retail sale of sporting goods and equipment.

Sports club means an establishment operating facilities for physical fitness, sports, or recreation.

Storage means the placement of commodities either enclosed or not enclosed for an indefinite period of time.

Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above. In situations where the finished floor level directly above a basement or cellar is more than six (6) feet above grade, the basement or cellar shall be considered a story.

Stream means an area where open surface water more than two and one-half (2.5) meters deep produces a defined channel or bed, not including irrigation ditches, canals, storm or surface water runoff devices, or other entirely artificial watercourses, unless they are used by salmonids or are used to convey a watercourse naturally occurring prior to construction. A channel or bed need not contain water year-round.

Street means a way for public circulation of vehicles and pedestrians.

Street vacation means the process whereby the City agrees to relinquish its ownership of a street right-of-way to a land owner.

Structure means an object composed of one or more pieces, in a fixed position relative to the ground, not completely buried and below grade. Retaining walls are excluded from the definition of structure for the application of setback requirements in Chapter 14.210 SMC.

Subdivision means the division, for the purpose of sale or lease, of land into five or more lots each capable of being sold separately, including re-subdivisions.

Subregional utility means an above-ground facility, with incidental storage buildings, which is a subset of a regional utility.

Substantial development means a substantial development as defined in RCW 90.58.30(3)(e).

Substantial improvement, when applied to a flood prone area, means a repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair, or, if the structure has been damaged, before the damage occurred, excluding 1) improvements to structures to comply with state or local health, sanitary, or safety codes and 2) alterations of structures listed on the National Register of Historic Places or State Inventory of Historic Places.

Supervised drug injection facility means a legally supervised, medically supervised facility designed to provide a location where individuals are able to consume illicit drugs intravenously. “Supervised drug consumption facility” and “safe injection site” mean the same as supervised drug injection facility.

Theater means an establishment primarily engaged in the indoor exhibition of motion pictures or of live theatrical presentations.

Threshold determination means the decision required under SEPA as to whether a proposal will (determination of significance) or will not (determination of non-significance) require an environmental impact statement.

Title, when applied to real estate, means a document evidencing ownership.

Tract means a separate piece of property created as part of a subdivision and intended for a particular specialized purpose other than an individual subdivided lot.

Transfer station means a staffed facility where individuals and route collection vehicles deposit solid waste for transport to a permanent disposal site, including solid waste recycling facilities.

Transit park and ride lot means a vehicle parking area for access to a public transit system.

Travel trailer means an enclosed space mounted on wheels for towing, designed as a human domicile, which is not a manufactured home.

Unavoidable impacts means adverse impacts that remain after all appropriate and practicable avoidance and minimization has been achieved.

Use means the existing or intended purpose of land or structures.

Variance means an authorization to modify certain regulations of this code, to the minimum amount necessary to provide relief, when due to special circumstances of the property strict application of such regulations would mean the site would be deprived of development privileges commonly enjoyed by other properties in the same land use designation or vicinity. A variance runs with the land, and compliance with the conditions of a variance shall be the responsibility of the current property owner, whether that is the applicant or a successor.

Vegetated low impact development (LID) facilities include bioretention, rain gardens, dispersion, vegetated roofs, and natural treatment areas.

Wetland mitigation bank means a site where wetlands are restored, created, enhanced, or, in exceptional circumstances, preserved, expressly for the purpose of providing compensatory mitigation in advance of unavoidable impacts to wetlands or other aquatic resources to compensate for future, permitted impacts to similar resources. Impacts mitigated through wetland mitigation banks are not typically known at the time of bank certification.

Wetland mosaic means an area with a concentration of multiple small wetlands, in which each patch of wetland is less than one (1) acre; on average, patches are less than one hundred (100) feet from each other; and areas delineated as vegetated wetland are more than fifty (50) percent of the total area of the entire mosaic, including uplands and open water.

Wetland of high conservation value means a wetland that has been identified by scientists from the Washington Natural Heritage Program (WNHP) as an important ecosystem for maintaining plant diversity in Washington State.

Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. (Ord. 2082, 2005; Ord. 2127, 2007; Ord. 2133, 2007; Ord. 2193, 2010; Ord. 2240, 2012; Ord. 2252, 2013; Ord. 2268, 2014; Ord. 2301, 2016; Ord. 2312, 2016; Ord. 2315, 2016; Ord. 2325, 2017; Ord. 2347, 2018; Ord. 2348, 2018; Ord. 2368, 2019)