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)

"Condominium" means joint ownership of real property in which each owner enjoys exclusive ownership of an individual apartment or, unit with or without a parcel of land by holding a fee simple title thereto and retaining an undivided interest as tenants in common, in the common facilities and areas of buildings.

(Ord. 541 § 1 (part), 1999)

"Constructed wetlands" or "constructed watercourses" means those wetlands or watercourses which an applicant can demonstrate were intentionally created from nonwetland or nonwatercourse sites, including but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities; and does not mean those wetlands and watercourses created through compensatory mitigation.

(Ord. 541 § 1 (part), 1999)

"Construction" means materials in permanent positions and fastened in a permanent manner, and demolition, alteration, elimination and removal of one or more existing structures in connection with such construction; providing, that actual construction work shall be diligently carried on until the completion of the structure involved.

(Ord. 541 § 1 (part), 1999)

"Convenience store or market" means any retail establishment offering for sale prepackaged or site-prepared food products, household items, and other goods commonly associated with the same and having a gross floor area of less than seven thousand five hundred square feet. Convenience stores or markets do not include gas stations.

(Ord. 541 § 1 (part), 1999)

"Cooperative parking facility" means an off-street parking facility shared by two or more buildings or uses.

(Ord. 541 § 1 (part), 1999)

"Council" means the Darrington city council.

(Ord. 541 § 1 (part), 1999)

"Critical areas" at a minimum, means areas which include wetlands; areas with a critical recharging effect on aquifers used for potable water; fish and wildlife habitat conservation area; frequently flooded areas; geologically hazardous areas, including unstable slopes; and associated areas and ecosystems.

(Ord. 541 § 1 (part), 1999)

"Dedication" means the deliberate appropriation of land by an owner for the general and public uses, reserving to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.

(Ord. 541 § 1 (part), 1999)

"Density" means a measure of the intensity of permitted residential development in terms of dwelling units per acre.

(Ord. 541 § 1 (part), 1999)

"Gross density" means the total number of dwelling units divided by the total land area of the site, excluding nothing.

(Ord. 541 § 1 (part), 1999)

"Net density" means the total number of dwelling units divided by the net area of the lot or site. The net area excludes streets, alleys, public open spaces, utility rights-of-way, easements, and other public facilities or utility facilities.

(Ord. 541 § 1 (part), 1999)

"Development" means:

A.

Any activity, other than a normal agricultural or forestry activity, which materially affects the existing condition of land or improvements, such as:

1.

Substantial excavation or deposit of earth or other fill, grading, driving of piling, or alteration in the banks of any river or other body of water. for the purposes of this title, "substantial excavation or deposit" means the movement of more than fifty cubic yards of earth or other fill, occurring within any twelve-month time period;

2.

Relocation, diversion, grading, driving of piling, or placement of fill in any natural drainage;

3.

Construction, reconstruction or alteration of any improvement;

4.

Dumping, storing or parking (which is a substantial or primary use) of any objects or materials whether mobile or immobile, liquid or solid; or

5.

Commencement of any principal or substantial use of land or improvements and every change in its type, intensity or features.

B.

Any subdivision of land or change in the legal relationship of persons to land, such as the division of land into two or more parcels or units to facilitate separate transfers of title to each parcel or unit.

(Ord. 541 § 1 (part), 1999)

"Attached dwelling" means a dwelling having any portion of a wall in common with adjoining dwellings.

(Ord. 541 § 1 (part), 1999)

"Duplex dwelling" means two dwellings physically attached but designed to be occupied by people or groups of people independently of each other.

(Ord. 541 § 1 (part), 1999)

"Manufactured home dwelling" or "mobilehome dwelling" means a detached residential dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing an insignia issued by the state of Washington certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards for manufactured homes.

(Ord. 541 § 1 (part), 1999)

"Multifamily dwelling" means a building designed to house three or more families living independently of each other. Duration of tenancy in multifamily dwellings is not less than one month.

(Ord. 541 § 1 (part), 1999)

"Single-family dwelling" means a detached residential dwelling unit other than a mobile or manufactured home, designed for and occupied by one family only, which includes modular homes which are factory-built, transportable in one or more sections, and meet the Uniform Building Code.

(Ord. 541 § 1 (part), 1999)

"Dwelling unit" means one or more rooms designed for or occupied by one family for living or sleeping purposes and containing kitchen facilities for use solely by one family. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. A "bachelor," "studio," or "efficiency" apartment constitutes a dwelling unit within the meaning of this title.

(Ord. 541 § 1 (part), 1999)

"Emergency housing" means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement.

(Ord. No. 790, 8-14-2024)

"Emergency shelter" means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations.

(Ord. No. 790, 8-14-2024)

"Essential public facility" means a facility which provides a basic public service, provided in one of the following manners: directly by a government agency, by a private entity substantially funded or contracted for by a government agency, or provided by a private entity subject to public service obligations (i.e., private utility companies which have a franchise or other legal obligation to provide service within a defined service area).

(Ord. 541 § 1 (part), 1999)

"Essential root zone" means the area located on the ground between the tree trunk and ten feet beyond the canopy.

(Ord. 541 § 1 (part), 1999)

"Floor area ratio" means the total floor area of a building(s) on a site, exclusive of any specific exceptions, divided by the total site area.

(Ord. 541 § 1 (part), 1999)

"Geologist" means a person who has earned a degree in geology from an accredited college or university, or a person who has equivalent educational training and has experience as a practicing geologist.

(Ord. 541 § 1 (part), 1999)

"Geotechnical engineer" means a practicing geotechnical/civil engineer licensed as a professional civil engineer with the state of Washington whom has at least four years of professional employment as a geotechnical engineer with experience in landslide evaluation.

(Ord. 541 § 1 (part), 1999)

"Grading" means movement of earth requiring the removal of most or all of the existing vegetation and in sufficient quantities to alter the natural topography and general character of a site.

(Ord. 541 § 1 (part), 1999)

"Hazardous tree" means a tree with a structural defect or disease, or which impedes safe vision or traffic flow, or otherwise currently poses a threat to life or property.

(Ord. 541 § 1 (part), 1999)

"Historic landmark" means a place, building or structure which has considerable and significant importance because of past events, experience or phenomena of the town of Darrington as formally designated by the National Register of Historic Places, the Washington State Office of Archaeology and Historic Preservation, or by the town of Darrington.

(Ord. 541 § 1 (part), 1999)

"Home occupation" means an occupation or profession which is customarily incident to or carried on in a dwelling place, and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried on by a member of the family residing within the dwelling place; provided, that:

1.

There shall be no change in the outside appearance of the surrounding residential development;

2.

No home occupation shall be conducted in any accessory building;

3.

Traffic generated by such home occupations shall not create a nuisance;

4.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot;

5.

The business involves no more than one person who is not a resident of the dwelling; and

6.

An off-street parking space shall be made available for any non-resident employee.

(Ord. 541 § 1 (part), 1999)

"Homeowners association" means a private, nonprofit corporation of homeowners of a fixed area constituted for the purpose of owning, operating, and maintaining various common properties.

(Ord. 541 § 1 (part), 1999)

"Hotel" means a building or portion thereof designed or used for the transient rental of five or more units for sleeping purposes. A central kitchen and dining room and accessory shops and services catering to the general public can be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care.

(Ord. 541 § 1 (part), 1999)

"Impervious surface" means those hard surfaces which prevent or retard the entry of water into the soil in the manner that such water entered the soils under natural conditions prior to development; or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Such surfaces include, but are not limited to, rooftops, asphalt or concrete paving, compacted surfaces or other surfaces, which similarly affect the natural infiltration or runoff patterns existing prior to development.

(Ord. 541 § 1 (part), 1999)

"Industrial park" means a planned, coordinated development of a tract of land with two or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site circulation, parking, utility needs, building design and orientation, and open space.

(Ord. 541 § 1 (part), 1999)

"Interpretation" means, within the context of this title, a finding or determination made by the town planner as to the meaning or intent of any work, phrase, or section contained herein.

(Ord. 541 § 1 (part), 1999)

"Junkyard" means an area of more than one thousand square feet of any parcel of land where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, building wrecking yards or places or yards devoted to the storage of inoperable vehicles, salvaged building, wrecking or structural steel materials and equipment. A junkyard does not include such uses when conducted entirely within an enclosed building nor pawn shops or establishments for the sale, purchase or storage of used furniture or household equipment, used cars in operable condition or the processing of used, discarded or salvaged materials as part of a manufacturing operation.

(Ord. 541 § 1 (part), 1999)

"Kennel" means any premises wherein a person(s) engages in the business of boarding, breeding, letting for hire, training for a fee, selling of domesticated animals including, but not limited to, dogs, and/or cats, under two hundred pounds.

(Ord. 541 § 1 (part), 1999)

"Landscape architect" means a person licensed by the state of Washington to engage in the practice of landscape architecture.

(Ord. 541 § 1 (part), 1999)

"Landscaping or landscaped areas" means natural vegetation such as trees, shrubs, groundcover, and other landscape material arranged in a manner to produce an aesthetic effect appropriate for the use to which the land is put.

(Ord. 541 § 1 (part), 1999)

"Perimeter landscape" means a continuous area of land, required to be set aside along the perimeter of a lot, in which landscaping is used to provide a transition between uses and/or to reduce the environmental, aesthetic, and other impacts of one type of land use or activity upon another.

(Ord. 541 § 1 (part), 1999)

"Landscape strip" means a strip of land along the perimeter of the site or public right-of-way containing trees, barriers, ground cover and/or other plant material.

(Ord. 541 § 1 (part), 1999)

"Livestock" means animals, including but not limited to horses, bovine animals, sheep, goats, swine, reindeer, llama, donkeys and mules.

(Ord. 541 § 1 (part), 1999)

"Loading space" means a space which is on the same site with the principal use served and which provides for the temporary parking of a vehicle while loading or unloading merchandise, materials or passengers.

(Ord. 541 § 1 (part), 1999)

"Lot" means a physically separate and distinct parcel of property which has been created by plat, short plat or binding site plan, or which be reason of its ownership history, was used as a separate legal building site prior to the requirement that lots be created by plat, short plat or binding site plan.

(Ord. 541 § 1 (part), 1999)

"Lot area" means the total horizontal area within the boundary lines of a lot and exclusive of street right-of-way or street easement.

(Ord. 541 § 1 (part), 1999)

"Lot coverage" means the surface of the subject property covered with impervious surface, other than outdoor pools.

(Ord. 541 § 1 (part), 1999)

"Lot depth" means the mean dimension of the lot from the front street line to the rear line.

(Ord. 541 § 1 (part), 1999)

"Lot frontage" means that front portion of a lot nearest the street, except on a corner lot in which case the front yard shall be considered the narrowest part of the lot that abuts a street.

(Ord. 541 § 1 (part), 1999)

"Through lot" means a lot fronting on two streets that do not intersect on the parcel's lot lines.

(Ord. 541 § 1 (part), 1999)

"Manufacture home" means a single-family dwelling built in accordance with the department of housing and urban development Manufactured Home Construction and Safety Standards Act, which is a national, preemptive building code.

(Ord. 541 § 1 (part), 1999)

"Specified manufactured home" means a manufactured home constructed after June 15, 1998, in accordance with state and federal requirements for manufactured homes, which:

A.

Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long;

B.

Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch;

C.

Was designed to accommodate a seventy-two pound snow load;

D.

Is located on site using a pit set foundation system;

E.

Has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences; and

F.

Meet the provisions of the state Energy Code.

(Ord. 541 § 1 (part), 1999)

"Manufactured home park" means a tract of land designed and maintained under a single ownership or unified control where two or more spaces or pads are provided solely for rent or lease for the placement of manufactured homes for residential purposes.

(Ord. 541 § 1 (part), 1999)

"Manufactured home site" means a parcel of land within a manufactured home subdivision, for the accommodation of one manufactured home, its accessory buildings or structures and accessory equipment for the exclusive use of the occupants. In the case of a manufactured home park, the boundaries of a manufactured home site are established on the approved plot plan. In the case of a manufactured home subdivision, the boundaries of the manufactured home site are the platted lot lines and established by the recorded subdivision.

(Ord. 541 § 1 (part), 1999)

"Heavy manufacturing or industrial" means a manufacturing or industrial use typically having the potential of creating substantial noise, smoke, dust, vibration and other environmental impacts or pollution, and including, but not limited to:

A.

The extraction or mining of raw materials, such as quarrying of sand or gravel;

B.

Processing or refining of raw materials, such as but not limited to minerals, petroleum, rubber, wood or wood pulp, into other products;

C.

The milling of grain or refining of sugar, except when accessory to a use defined as food processing for human consumption or as a retail sales and service use;

D.

Refining, extruding, rolling or drawing of ferrous or nonferrous metals, or the use of a non- induction foundry for ferrous metal;

E.

Mass production of commercial or recreational vessels of any size and the production of vessels one hundred twenty feet in length or larger, constructed to individual specifications;

F.

Production of large durable goods such as motorcycles, cars, manufactured homes, airplanes, or heavy farm, industrial or construction machinery;

G.

Manufacturing of electrical components, such as semiconductors and circuit boards, using chemical processes such as etching or metal coating;

H.

Production of industrial organic and inorganic chemicals, and soaps and detergents; and

I.

Conversion of solid waste into useful products or preparation of solid waste for disposal at another location by processing to change its physical form or chemical composition.

(Ord. 541 § 1 (part), 1999)

"Light industrial or manufacturing" means a manufacturing use, typically having little or no potential of creating noise, smoke, dust, vibration or other environmental impacts or pollution, and including, but not limited to the following:

A.

Production, assembly, finishing, and/or packaging of articles from parts made at another location, such as assembly of clocks, electrical appliances, or medical equipment;

B.

Production of finished household and office goods, such as jewelry, clothing or cloth, toys, furniture, or tents, from materials that are already refined, or from raw materials that do not need refining, such as paper, fabric, leather, premilled wood, or wool, clay, cork, semiprecious or precious metals or stones, fiber, or other similar materials;

C.

Canning or bottling of food or beverages for human or animal consumption using a mechanized assembly line;

D.

Printing plants.

(Ord. 541 § 1 (part), 1999)

"Mean high water" means the average height of the high waters over a nineteen-year period, or for shorter periods of observation, the average height of the high water after corrections are applied to eliminate known variations and to produce the result of the equivalent of a mean nineteen-year value. Alternatively, "mean high water" may be defined as the average height of the high waters as established and accepted by the U.S. Army Corps of Engineers.

(Ord. 541 § 1 (part), 1999)

"Mixed use development" means a combination of typically separated uses within a single development or project. Mixed use in an urban context refers to a single building with more than one activity taking place within the structure. All mixed use development within Darrington's commercial district shall consist of commercial or office use on the ground floor and residential or office use on the second or third floor. Residential uses are not allowed on the ground floor.

(Ord. 541 § 1 (part), 1999)

"Modular home" means a dwelling unit constructed in a factory in accordance with the Uniform Building Code and bearing the appropriate insignia indicating such compliance and transported to the building site for final assembly and permanent foundation. This definition includes "prefabricated," "panelized," and "factory-built" units.

(Ord. 541 § 1 (part), 1999)

"Motel" includes tourist cabins, tourist court, motor lodge, auto court, cabin court, motor inn and similar names. A motel is a building or buildings, detached or in connected units or designed a single structure, the units of which are used as individual sleeping or dwelling units having their own private toilet facilities, and may or may not have their own kitchen facilities, and are designed primarily for the accommodation of transient automobile travelers. Accommodations for travel trailers are not included.

(Ord. 541 § 1 (part), 1999)

"Nonconforming building or structure" means any building or structure which does not comply with one or more of the provisions of this title with regard to the placement of the structure on the lot, building height, or size.

(Ord. 541 § 1 (part), 1999)

"Nonconforming use" means a lawful use of land or structure in existence on the effective date of this title or at the time of any amendments thereto and which does not conform to the provisions of the zone, prior zone, or overlay zone in which such use is located, or general provisions of this title.

(Ord. 541 § 1 (part), 1999)

"Office" means a building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.

(Ord. 541 § 1 (part), 1999)

"On-site" means within the boundaries of the development site as a whole when it is located on the lot in question, except in the context of on-site detention.

(Ord. 541 § 1 (part), 1999)

"Open record hearing" means a hearing, conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government's record through testimony and submission of evidence and information, under procedures prescribed by the local government by ordinance or resolution. An open record hearing may be held on an appeal, to be known as an "open record appeal hearing" if no open record predecision hearing has been held on the project permit.

(Ord. 541 § 1 (part), 1999)

"Open space" means an area that is intended to provide light and air, and is designed for environmental, scenic or recreational purposes. Open space may include, but is not limited to, lawns, decorative planting, walkways, active and passive recreation areas, golf courses, playgrounds, fountains, swimming pools, wooded areas, water courses, driveways, and other surfaces designed or intended for vehicular travel, but shall not include any required off-street parking areas.

(Ord. 541 § 1 (part), 1999)

"Common open space" means an area within or related to a development, not in individually owned lots or dedicated for public use, but that is designed and intended for the common use and enjoyment of the residents of a development.

(Ord. 541 § 1 (part), 1999)

"Open space tract" means a tract that is established to preserve open space, and which is recorded on all documents of title of record for all affected lots and subsequent owners.

(Ord. 541 § 1 (part), 1999)

"Park" means any public or private land available for recreational, educational, or aesthetic use.

(Ord. 541 § 1 (part), 1999)

"Parking area" means an area accessible to vehicles, which area is provided, improved, maintained and used for the sole purpose of accommodating a motor vehicle.

(Ord. 541 § 1 (part), 1999)

"Performance bond or guarantee" means a financial device to insure that all improvements, facilities, or work required by this Unified Development Code will be completed in compliance with the approved plans and specifications of a development.

(Ord. 541 § 1 (part), 1999)

Permanent supportive housing is 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 RCW Chapter 59.18.

(Ord. No. 790, 8-14-2024)

"Private road" means an easement or parcel created to provide the access from a town road to platted lots, the maintenance of which is to be the responsibility of the lot owners or a home owners association.

(Ord. 541 § 1 (part), 1999)

"Professional service" means the conduct of business in any of the following related categories: advertising, architecture, landscape architecture, engineering, planning, law, medicine, music, art, interior design, dentistry, accounting, insurance, real estate, finance and securities investments, and any similar type business.

(Ord. 541 § 1 (part), 1999)

"Public facilities" means buildings or uses of land owned and operated by a public agency for such purposes as providing places for public assembly and recreation, operating services of benefit to the public, or for the administration of public affairs. Examples include, but are not limited to, town offices, police and fire stations, senior center, museum, and maintenance facilities. Public housing, utility facilities, streets, and parks do not constitute a public facility.

(Ord. 541 § 1 (part), 1999)

"Recorded" means filed for record with the auditor of the county of Snohomish, state of Washington.

(Ord. 541 § 1 (part), 1999)

"Recreational vehicle" means a vehicular-type unit primarily designed for recreational, camping, or travel use, that has either its own motive power or is mounted on or drawn by another vehicle. The basic types of recreational vehicles include, but are not limited to, camping trailers, truck campers, motorhomes, boats, all-terrain vehicles (ATV's), motorcycles and jet skis.

(Ord. 541 § 1 (part), 1999)

"Recreation vehicle park" means land under unified control and single ownership designed and improved to accommodate the temporary parking of two or more recreation vehicles. The term shall include campgrounds when designed to accommodate travel trailers, but does not include land zoned and used for the display or sale of travel trailers. For the purpose of this definition, "temporary parking" shall mean placement of a recreation vehicle on a single site for one hundred eighty days or less in any twelve-month period.

(Ord. 541 § 1 (part), 1999)

"Religious organization" means the federally protected practice of a recognized religious assembly, school, or institution that owns or controls real property.

(Ord. No. 790, 8-14-2024)

"Restaurant" means a business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to- consume state, individual servings, or in non- disposable containers and where the customer consumes these foods while seated at tables or counters located within the building.

(Ord. 541 § 1 (part), 1999)

"Drive-in restaurant" means an establishment that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers whom are not in motor vehicles, for consumption either on or off the premises.

(Ord. 541 § 1 (part), 1999)

"Retail shopping" means the selling of goods and services which may include convenience goods, such as food and drugs, personal services, such as tailoring, shoe repairing, and barbershops and general merchandise such as apparel, furniture and home furnishings.

(Ord. 541 § 1 (part), 1999)

"Right-of-way" means the land held by the public for road, pedestrian and utility purposes. It usually refers to the land required for the traffic lanes plus the shoulders and drainage structures on both sides of highways, roadways, bikeways and alleys.

(Ord. 541 § 1 (part), 1999)

"Salvage yard" means a salvage and recycling use in which junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including automobile wrecking yards, house-wrecking and structural steel materials and equipment. A "salvage yard" shall not be construed to include such activity when conducted entirely within an enclosed building, nor pawnshops and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition, used or salvaged machinery in operable condition or the processing of used, discarded or salvaged materials as a minor part of manufacturing operations.

(Ord. 541 § 1 (part), 1999)

"Scenic corridor" means any strip of land adjacent to public roadways that is visible to the motoring public and has natural aesthetic significance.

(Ord. 541 § 1 (part), 1999)

"Scenic easement" means an easement, the purpose of which is to limit development or protect a view or scenic area.

(Ord. 541 § 1 (part), 1999)

"Short plat" means the map or representation of a short subdivision showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys, or other divisions.

(Ord. 541 § 1 (part), 1999)

"Short subdivision" means the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership.

(Ord. 541 § 1 (part), 1999)

"Subdivision" means a division or redivision of land into lots, tracts, or other divisions. The word includes both short subdivision and formal subdivisions.

(Ord. 541 § 1 (part), 1999)

"Tavern" means a building where beer and/or wine is served to the public, which holds a Class A or B license from the Washington State Liquor Control Board.

(Ord. 541 § 1 (part), 1999)

"Tiny houses" are defined as dwellings to be used as permanent housing with permanent provisions for living, sleeping, eating, cooking, and sanitation built in accordance with the Town building code.

(Ord. No. 790, 8-14-2024)

Editor's note— Ord. No. 790, adopted August 14, 2024, enacted provisions intended for use as section 17.06.757. To preserve the alphabetical style of the sections contained in this chapter, and at the discretion of the editor, said provisions have been redesignated as section 17.06.753.

"Townhouse" means a multistory building containing two or more dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings. The units are so located on property lines such that party walls are coincident with lot lines.

(Ord. 541 § 1 (part), 1999)

"On-site transfer of density" means allowing variations in density within a project or site while the average density over the site or project remains constant. This concept permits unused allowable densities in one area to be used in another area of the site.

(Ord. 541 § 1 (part), 1999)

"Transitional housing" means a project that provides housing and supportive services to homeless persons or families and that has as its purpose facilitating the movement of homeless persons and families into independent living.

(Ord. No. 790, 8-14-2024)

"Utilities easements" mean the rights-of-way that may be used by public utilities, including but not limited to, electricity, water, natural gas, sewer, telephone, and television cable for the construction, operation, maintenance, alteration, and repair of their respective facilities.

(Ord. 541 § 1 (part), 1999)

"Zero lot line home" means a residential development approach in which a building is sited on one or more lot lines with no yard area along these lot lines. Conceivably, three of the four sides of the building could be on the lot lines. The intent is to allow more flexibility in site design and to increase the amount of usable open space on the lot. Zero lot line homes may only be built within the context of a zero lot line development. It shall be required that a minimum of eight units of zero lot line housing constitutes such a development.

(Ord. 541 § 1 (part), 1999)

"Zero lot line" means the location of a building on a lot in such a manner that one or more of the building's sides rests directly abutting a lot line.

(Ord. 541 § 1 (part), 1999)

"Zone" means an area accurately defined as to boundaries and location, and classified by the zoning ordinance as available for certain types of uses and within which other types of uses are excluded.

(Ord. 541 § 1 (part), 1999)

"Overlay zone" means a classification contained in this title which combines with the underlying classification and adds specific restrictions to properties located within such zone. The combination of zones, for the purpose of this definition and title, shall be considered a separately zoned area and shall not be construed as applying different standards to properties within the same zone. An example of an overlay zone would be the planned mixed use development overlay designation.

(Ord. 541 § 1 (part), 1999)

"Underlying zone" means a zone classification applicable to a property which provisions continue in full force in conjunction with an "overlay zone.

(Ord. 541 § 1 (part), 1999)