The definition of any word or phrase not listed in the definitions which is in questions when administering this title shall be defined by the mayor from the following sources. The sources shall be utilized by finding the desired definition from source number one, but if it is not available there, then source number two may be used and so on. The sources are as follows:

A.

Any town of Darrington resolution, ordinance, code or regulation;

B.

Any statute or regulation of the state of Washington;

C.

Legal definitions from Washington common law or a law dictionary;

D.

The common dictionary.

(Ord. 541 § 1 (part), 1999)

Except where specifically defined in this chapter, all words used in this title shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word "he" or "his" shall also refer to "she" or "her," the word "shall" is always mandatory, the word "may" denotes a use of discretion in making a decision; the words "used" or "occupied" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied."

(Ord. 541 § 1 (part), 1999)

"Abutting" means bordering upon, to touch upon, in physical contact with: properties are considered abutting even though the area of contact may be only a point.

(Ord. 541 § 1 (part), 1999)

"Access" means a way or means of approach to provide vehicular or pedestrian physical entrance to a property.

(Ord. 541 § 1 (part), 1999)

"Access road" means that portion of a driveway which provides access to one or more parking lot or area, provides access to more than one property or lot, or may provide internal access from one street to another. This shall not include that portion of driveways whose primary function is to provide direct access to adjacent parking spaces and which, as a secondary function, also provides circulation within parking areas.

(Ord. 541 § 1 (part), 1999)

"Access easement or way" means any driveway or easement used to gain entry to property across or through other property.

(Ord. 541 § 1 (part), 1999)

"Accessory use or structure" means a use or structure customarily incidental to a permitted principal use located on the same lot. An accessory use or structure is subordinate and functionally supports the principal use. Swimming pools are considered an accessory structure for the purpose of this title.

(Ord. 541 § 1 (part), 1999)

"Accessory unit" means a second dwelling unit either in or added to an existing single-family detached dwelling, or in a separate accessory structure on the same lot as the main dwelling, for use as a complete, independent living facility with provision within the accessory apartment for cooking, eating, sanitation, and sleeping. Such a dwelling is an accessory use to the main dwelling. Accessory units are also commonly known as "mother-in-law" units or "carriage houses."

(Ord. 541 § 1 (part), 1999)

"Adjacent" means that which lies near or close to, not widely separated nor necessarily touching.

(Ord. 541 § 1 (part), 1999)

"Adjacent property owner" means any property owner of record, according to the records of the county assessor, whose property adjoins or abuts property proposed for division or any portion thereof, or whose property is within three hundred feet of the property proposed for division.

(Ord. 541 § 1 (part), 1999)

"Adult day care" means a facility which provides, on recurrent basis for periods of less than twenty-four hours, supervision and social activities in a group setting, and which serves socially isolated persons, or persons who cannot be left unsupervised. Persons may have physical, cognitive, or emotional impairments, but any required treatment is provided outside the social day care program.

(Ord. 541 § 1 (part), 1999)

A.

"Adult entertainment establishments" means adult motion picture theaters, adult drive-in theaters, adult bookstores, adult cabarets, adult video stores, adult retail stores, adult massage parlors, adult sauna parlors or adult bathhouses, which are defined as follows:

1.

"Adult bathhouse" means a commercial bathhouse, which excludes any person by virtue of age from all or any portion of the premises.

2.

"Adult bookstores" means a retail establishment in which:

a.

Thirty percent or more of the "stock-in-trade" consists of books, magazines, posters, pictures, periodicals or other printed materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; and/or

b.

Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such material is displayed or sold.

3.

"Adult cabaret" means a commercial establishment, which presents go-go dancer, strippers, male or female impersonators, or similar types of entertainment and which excludes any person by virtue of age from all or any portion of the premises.

4.

"Adult massage parlor" means a commercial establishment in which massage or other touching of the human body is provided for a fee and which excludes any person by virtue of age from all or any portion of the premises in which such service is provided.

5.

"Adult motion picture theater" means a building enclosure, or portion thereof, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

6.

"Adult retail store" means retail establishment in which:

a.

Thirty percent or more of the "stock-in-trade" consists items, products or equipment distinguished or characterized by an emphasis on or simulation of "specified sexual activities" or "specified anatomical areas"; and/or

b.

Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such items, products or equipment are displayed or sold.

7.

"Adult sauna parlor" means a commercial sauna establishment, which excludes any person by virtue of age from all or any portion of the premises.

8.

"Adult video store" means a retail establishment in which:

a.

Thirty percent or more of the "stock-in-trade" consists of prerecorded video tapes, disks, or similar material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; and or

b.

Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such pre-recorded video tapes, disks, or similar material are displayed or sold.

B.

"Specified anatomical areas" means:

1.

Less than completely and/or opaquely covered human genitals, public region, buttock, or female breast below a point immediately above the top of the areola;

2.

Human male genitals in a discernibly turgid state even if completely or opaquely covered.

C.

"Specified sexual activities" means:

1.

Acts of human masturbation, sexual intercourse or sodomy; or

2.

Fondling or other erotic touching of human genitals, pubic region, or buttock or female breast;

3.

Human genitals in a state of sexual stimulation or arousal.

D.

"Stock-in-trade" means:

1.

The dollar value of all products, equipment, books, magazines, posters, pictures, periodicals, prerecorded video tapes, discs, or similar material readily available for purchase, rental, viewing or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or

2.

The number of titles of all products, equipment, books, magazines, posters, pictures, periodicals, other printed materials, prerecorded video tapes, discs, or similar material readily available for purchase, rental, viewing or use by patrons of the establishment, excluding material located in the storeroom or other portion of the premises not regularly open to patrons.

(Ord. 541 § 1 (part), 1999)

"Affordable housing" means a residential dwelling unit with a monthly rent or monthly mortgage payment including property taxes and insurance, not in excess of one-twelfth of thirty percent of annual income for renters and one-twelfth of forty percent of annual income for occupants, which represents fifty percent (for very low income), eighty percent (for low income), or one hundred twenty percent (for moderate income) of the median adjusted gross annual income for the household, as published by the U.S. Bureau of the Census for the town of Darrington.

(Ord. 541 § 1 (part), 1999)

"Agriculture" means the tilling of soil, the raising of crops, horticulture, viticulture, small livestock farming, pasturing, grazing, poultry, dairying and/or animal husbandry, including all uses customarily incidental thereto except small animal husbandry.

(Ord. 541 § 1 (part), 1999)

"Airport" means any area of land or water designed and set aside for the landing and taking off of aircraft, including all necessary facilities for the housing and maintenance of aircraft.

(Ord. 541 § 1 (part), 1999)

"Alley" means a public thoroughfare, which affords only a secondary means of access to abutting property, and is not intended for general traffic circulation.

(Ord. 541 § 1 (part), 1999)

"Alterations" mean any change, addition, or modification of type of occupancy; any change in the structural members of a building such as walls, partitions, columns, beams, girders; or any change which may be referred to herein as "altered" or "reconstructed."

(Ord. 541 § 1 (part), 1999)

'Antenna" means any system of wires, poles, rods, reflecting disks, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to any building.

(Ord. 541 § 1 (part), 1999)

"Satellite dish antenna" means a device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbital based uses. This definition is meant to include but not to be limited to what are commonly referred to as satellite earth stations, TVROs (television reception only satellite dish antenna), and satellite microwave antenna.

(Ord. 541 § 1 (part), 1999)

"Apartment house" means any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of five or more families living independently of each other and doing their own cooking in the building.

(Ord. 541 § 1 (part), 1999)

"Closed record appeal" means an administrative appeal on the record to a local government body or officer, including the legislative body, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.

(Ord. 541 § 1 (part), 1999)

"Applicant" means a property owner or a public agency or public or private utility which owns a right-of-way or other easement, or has been adjudicated the right to an easement pursuant to RCW 8.12.090, or any person or entity designated in writing by the property or easement owner to be the applicant for a project permit, and who requests approval for a project permit.

(Ord. 541 § 1 (part), 1999)

"Areas of potential geologic instability" means those areas subject to potential landslides and/or potential seismic instabilities.

(Ord. 541 § 1 (part), 1999)

"Assisted living facilities" means apartments in an apartment complex but with additional services beyond retirement units. The services include all of those provided in retirement homes, as well as more personal care services such as giving medications, assisting with bathing, dressing, transporting to a doctor, etc. Some assisted living facilities specialize in dementia care where a secured environment is needed for confused residents who might wander off.

(Ord. 541 § 1 (part), 1999)

See "Vehicle repair, minor" and "Vehicle repair, major."

(Ord. 541 § 1 (part), 1999)

"Auto-oriented" means development which primarily caters to or attracts drivers of vehicles such as businesses which operate drive-through facilities.

(Ord. 541 § 1 (part), 1999)

"Automobile service station" means a building or structure designed or used for the retail sale or supply of fuels (stored only as prescribed by existing legal regulations), lubricants, air, water, and other operating commodities for motor vehicles or boats. The cross section areas of service station canopy supports where they meet the ground shall be measured as coverage for the purpose of determining maximum lot coverage, and also shall be used for measurement of setback requirements. Automobile service stations may include the following: customary space and facilities for the installation of such commodities on or in such vehicles; space for facilities for the storage, minor repair, or servicing of such vehicles, and space for car washing.

"Paint or body shop" means a building or other structure used for painting, repainting, or retouching and/or major non-mechanical repairs and adjustments of motor vehicles.

(Ord. 541 § 1 (part), 1999)

"Automobile wrecking yard" means any premises devoted to dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts.

(Ord. 541 § 1 (part), 1999)

"Awning" means any movable roof-like structure so constructed and erected as to permit its being easily moved to close an opening, or rolled or folded back to a position flat against the building or a cantilevered projection thereof, or which is detachable.

(Ord. 541 § 1 (part), 1999)

"Bar and/or cocktail lounge" means a portion of a restaurant premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded there by law, and where the sale of said beverages comprises no more than thirty percent of the gross receipts.

(Ord. 541 § 1 (part), 1999)

"Base flood elevation" means the height above mean sea level expected to be reached by the 100-year flood, as officially determined by the U.S. Army Corps of Engineers.

(Ord. 541 § 1 (part), 1999)

"Bed and breakfast lodging" means an owner occupied dwelling unit that contains guestrooms where lodging, with or without meals, as provided for compensation.

(Ord. 541 § 1 (part), 1999)

"Best management practices (BMPs)" means conservation practices and management measures which serve to protect trees, soil and water quantity.

(Ord. 541 § 1 (part), 1999)

"Binding site improvement plan" means an improvement plan processed in accordance with Chapter 16.16, which is legally binding on the landowner, his/her heirs, successors and assignees.

(Ord. 541 § 1 (part), 1999)

"Boundary line adjustment" means the adjustment of boundary lines that does not create any additional lot, tract, parcel, site or division, nor creates any lot, tract, parcel, site or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site.

(Ord. 541 § 1 (part), 1999)

A.

"Brewery" means a business that brews more than fifteen thousand barrels of beer per year.

B.

"Brewpub" means a restaurant-brewery that sells at least thirty percent of its beer on the premises. The beer is brewed for sale and consumption in the adjacent restaurant and/or bar. The beer is often dispensed directly from the brewery's storage tanks.

C.

"Microbrewery" means a facility that produces beer and sells it to the public by one or more of the following methods: through the traditional three-tier system (brewer to wholesaler to retailer to consumer); the two-tier system (brewer acting as wholesaler to retailer to consumer); and in some cases, directly to the consumer through carryout or on-site taproom sales. Microbreweries shall have a production capacity not to exceed fifteen thousand U.S. barrels per year.

(Ord. 541 § 1 (part), 1999)

"Buffer" means an area separating two different types of uses or environments for the purpose of reducing incompatibilities between them, or reducing the potential adverse impacts of one use or environment upon the other.

(Ord. 541 § 1 (part), 1999)

"Buffer area" means a substantially landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another, or intended to reduce the impact of noise levels generated on one property from the surrounding properties an intended to enhance the level of safety and promote the aesthetic qualities of the area.

(Ord. 541 § 1 (part), 1999)

"Buildable area" means the space remaining after the minimum open space and yard setback requirements of this title have been complied with.

(Ord. 541 § 1 (part), 1999)

"Building" means a structure as defined in the definitions chapter. When a total structure is separated by division walls without openings, each portion so separate shall be considered a separate building.

(Ord. 541 § 1 (part), 1999)

"Building area" means the total ground coverage of a building or structure which provides shelter, measured from the outside of its external walls or supporting members or from a point four feet in from the outside edge of a cantilevered roof.

(Ord. 541 § 1 (part), 1999)

"Detached building" means a building surrounded on all sides by open space.

(Ord. 541 § 1 (part), 1999)

"Building height" means the vertical distance measured from the average elevation of the proposed finished grade around the building to the highest point of a flat roof and to the mean height between eaves and ridge of a pitched roof.

(Ord. 541 § 1 (part), 1999)

"Building line" means the line of face or corner of part of a building nearest the property line.

(Ord. 541 § 1 (part), 1999)

"Nonconforming building" means a building or structure which does not conform in its construction, area, yard requirements or height to the regulations of the district in which it is located.

(Ord. 541 § 1 (part), 1999)

"Building official" means the town building official or designee.

(Ord. 541 § 1 (part), 1999)

"Caliper" means the American Association of Nurserymen standard for measurement of trunk size of nursery stock. Caliper of the trunk shall be taken six inches above the ground.

(Ord. 541 § 1 (part), 1999)

"Canopy" means an area encircling the base of a tree, the minimum extent of which is delineated by a vertical line extending from the outer limit of a tree's branch tips down to the ground.

(Ord. 541 § 1 (part), 1999)

"Canopy cover" means the cumulative areal extend of the canopy of all trees on the site.

(Ord. 541 § 1 (part), 1999)

"Carport" means a private garage, which is open to the weather on at least two sides.

(Ord. 541 § 1 (part), 1999)

"Cemetery" means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction within the boundaries of such cemetery.

(Ord. 541 § 1 (part), 1999)

"Certificate of occupancy" means the official certification that a premise conforms to the provisions of this Unified Development Code (and the Building Code) and may be used or occupied. Such a certificate is granted for new construction or for alteration or additions to existing structures. Unless such a certificate is issued for new construction, a structure cannot be occupied.

(Ord. 541 § 1 (part), 1999)

"Certified arborist" means an arborist certified by the International Society of Arboriculture or National Arborist Association.

(Ord. 541 § 1 (part), 1999)

"Clearing" means removal or causing to be removed, through either direct or indirect actions, any vegetation from a site. Actions considered to be clearing include, but are not limited to, causing irreversible damage to roots or trunks; poisoning; destroying the structural integrity; and/or any filling, excavation, grading, or trenching in the root area of a tree which has the potential to cause irreversible damage to the tree.

(Ord. 541 § 1 (part), 1999)

"Clinic" means a building designed and used for the medical, dental and surgical diagnosis and treatment of patients under the care of doctors and nurses and/or practitioners.

(Ord. 541 § 1 (part), 1999)

"Closed record appeal" means a quasi-judicial appeal to a hearing body designated by this chapter from a decision regarding a project permit application that was made after an open record hearing. Testimony and submission of relevant evidence and information shall not be permitted at a hearing on such and be limited to argument based on the testimony, evidence and documents submitted at the open record hearing conducted on the project permit application.

(Ord. 541 § 1 (part), 1999)

"Cluster development" means a division of land into lots for use as single-family detached building sites, where said lots are arranged into groups having area and yard measurements less than that required as stated in the tables of dimensional and density requirements for various zoning districts. Density bonuses shall be allowed in cluster developments, in accordance with the standards set forth in this code. The land not utilized for houses and lots in cluster developments shall become permanent open spaces.

(Ord. 541 § 1 (part), 1999)

"Commercial uses" means the providing of goods, merchandise or services for compensation, including but not limited to, retail shopping, commercial recreation, business and professional offices, highway-oriented business, automotive, boat and cycle mechanical sales and services as included in the commercial classifications of this title.

(Ord. 541 § 1 (part), 1999)

"Commercial kennel" means a building in which four or more domestic animals at least four months of age are kept commercially for boarding or treatment.

(Ord. 541 § 1 (part), 1999)

"Commission" means the town planning commission.

(Ord. 541 § 1 (part), 1999)

"Compensatory mitigation" means replacing project-induced wetland and buffer losses or impacts, and includes, but is not limited to, the following:

1.

Restoration. Actions performed to reestablish wetland and its buffer functional characteristics and processes which have been lost by alterations, activities or catastrophic events within an area which no longer meets the definition of a wetland;

2.

Creation. Actions performed to intentionally establish a wetland and its buffer at a site where it did not formerly exist;

3.

Enhancement. Actions performed to improve the condition of an existing degraded wetland or its buffer so that the functions it provides are of a higher quality.

(Ord. 541 § 1 (part), 1999)

"Comprehensive plan" means the adopted town of Darrington comprehensive plan.

(Ord. 541 § 1 (part), 1999)

"Conditional use" means a use permitted in one or more zones as defined by this title, but which, because of characteristics peculiar to each such use or because of size, technological processes or equipment, or because of the exact location with reference to surroundings, streets, and existing improvements or demands upon public facilities, requires a special degree of control to make such uses consistent and compatible with other existing or permissible uses in the same zone or zones.

(Ord. 541 § 1 (part), 1999)