A. Words used in the present tense include the future tense;

B. The singular number includes the plural;

C. The word “person” includes a legal entity as well as an individual;

D. The word “lot” includes the words plot, parcel and tract;

E. The word “shall” signifies a requirement;

F. The words “used” and “occupy” as applied to any building or land include the words intended, arranged, or designed to be used or occupied;

G. The word “may” signifies permission and desire;

H. Where a definition for a word or term is not found in this section, the definition of the word or term as found in the latest edition of Webster’s Dictionary shall apply. (Ord. 703 § 26, 1996; Ord. 573 § 2, 1990).

“Accessory dwelling unit” or “ADU” means a subordinate dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit. (Ord. 1540 § 1, 2025; Ord. 1046 § 1, 2006; Ord. 629 § 1, 1992).

“Accessory uses and structures” means caretaker dwelling units associated with nonresidential uses, residential garages, sheds, similar outbuildings associated with the principal residential uses on the site and temporary buildings for and during construction. (Ord. 1046 § 2, 2006).

“Administrative official” means a municipal official appointed by the mayor to administer and enforce this title and all other laws, statutes, rules and regulations applicable within the city. (Ord. 573 § 2, 1990).

“Adult arcade” means a commercial establishment containing individual viewing areas or booths where, for any form of consideration, including a membership fee, one or more still or motion picture projectors, slide projectors, or other similar image producing machines are used to show films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. (Ord. 743 § 3, 1996).

“Adult cabaret” means a nightclub, bar, restaurant, tavern, or other similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment. (Ord. 743 § 4, 1996).

“Adult entertainment” means:

A. Any exhibition, performance or dance conducted in an adult entertainment facility where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or

B. Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in an adult entertainment facility where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing. (Ord. 743 § 5, 1996).

“Adult entertainment facility” means a commercial establishment defined as an adult arcade, adult cabaret, adult motel, adult motion picture theater, adult retail store, or other adult entertainment facility. (Ord. 743 § 6, 1996).

“Adult family home” means a facility licensed pursuant to Chapter 70.128 RCW and is defined by RCW 70.128.010 as a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. (Ord. 1046 § 3, 2006; Ord. 703 § 1, 1996).

“Adult motel” means a hotel, motel, or similar commercial establishment which:

A. Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas, and that has a sign visible from the public right-of-way that advertises the availability of this type of sexually oriented materials; or

B. Offers a sleeping room for rent for a rental fee period of time that is less than 10 hours; or

C. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours. (Ord. 743 § 7, 1996).

“Adult motion picture theater” means a commercial establishment where, for any form of consideration, motion pictures, films, video cassettes, slides, or other similar visual representations are regularly shown that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. (Ord. 743 § 8, 1996).

“Adult retail store” means a commercial establishment such as a bookstore, video store, or novelty shop which as one of its principal business purposes offers for sale or rent, for any form of consideration, any one or more of the following:

A. Books, magazines, periodicals or other printed materials, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or

B. Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities. (Ord. 743 § 9, 1996).

“Alley” means a private access or street, wider than 10 feet and no wider than 16 feet, that provides secondary access to residential parcels or units, and that provides principal access to garages or code-required parking areas. Alleys provide parking and service access, but are not intended for general traffic circulation. (Ord. 951 § 1, 2004; Ord. 573 § 2, 1990).

“Alteration” means any change, addition or modification in the construction, location, occupancy or use classification of any building or land. (Ord. 573 § 2, 1990).

“Amateur radio tower” means an antenna and tower which transmits non-commercial communication signals and is licensed as an amateur radio tower by the Federal Communications Commission. Guy wires for amateur radio towers are considered part of the structure for the purposes of meeting development standards. (Ord. 771 § 1, 1997).

“Ancillary services” means services primarily for the employees of a primary permitted use. Examples of such uses include day care centers, cafeterias and exercise facilities for the benefit of the employees. Ancillary services shall not have exterior signage. (Ord. 1160 § 1, 2009).

“Animal clinic” means a facility under the direction of a veterinarian licensed by the state of Washington to perform medical and surgical services on animals. Overnight indoor confinement related to medical and surgical services is allowed. (Ord. 1046 § 4, 2006; Ord. 573 § 2, 1990).

“Antenna” means any exterior apparatus designed for telephonic radio, data, Internet or television communications through the sending and/or receiving of electromagnetic waves, and includes equipment attached to a tower or building for the purpose of providing personal wireless services, including unlicensed wireless telecommunications services, wireless telecommunications services utilizing frequencies authorized by the Federal Communications Commission “cellular,” “enhanced specialized mobile radio,” and personal communications services, “telecommunications services,” and its attendant base station. An “antenna array” is one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (panel) and parabolic (disc). The antenna array does not include the support structure. (Ord. 771 § 2, 1997; Ord. 573 § 2, 1990).

“Apartment” means any portion of a building that is designed, built, rented, leased, let or hired out to be occupied as an independent housekeeping unit with its own cooking facilities and that is contained within a multiple-family dwelling (see GHMC 17.04.290). (Ord. 573 § 2, 1990).

“Qualified arborist” means an International Society of Arboriculture Certified Arborist with a current Tree Risk Assessment Qualification, or similar equivalent certification and qualification. (Ord. 1347 § 9, 2016).

“Building area” means the total ground coverage of a building or structure and is measured from the outside of the building’s or structure’s external walls. (Ord. 573 § 2, 1990).

“Site area” means all the area within the boundaries of a lot, tract, parcel or site, excluding public rights-of-way dedicated to the state, county or city for use as thoroughfares and private rights-of-way established for motor vehicular thoroughfares; provided, that private rights-of-way which provide common access to three or less lots within a short plat may be included for the purposes of calculating lot area. (Ord. 601 § 1, 1991; Ord. 573 § 2, 1990).

“Art gallery” means a room or series of rooms where works of art are exhibited. (Ord. 871 § 2, 2001).

“Attic” means finished or unfinished space with a headroom of less than seven feet between the ceiling beams of the top story and the roof rafters. (Ord. 1152 § 1, 2009).

“Automotive fuel-dispensing facility” means any facility that is used for the sale of gasoline or other motor fuels, oil, lubricants and auto accessories, and may or may not include washing, lubricating and other minor services. Painting and/or body work activities are not allowed. (Ord. 1046 § 5, 2006).

“Banks and financial institutions” means those uses which are classified in major groups 60, 61 and 62 in the Standard Industrial Classification Manual (SICM), 1987 edition or as amended. (Ord. 724 § 1, 1996).

“Basement” means a story having at least 50 percent of its volume below grade. (Ord. 573 § 2, 1990).

“Best management practices” or “BMPs” means the schedule of activities, prohibition of practices, maintenance procedures, and structural, and/or management practices approved by Ecology that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. BMPs are listed and described in the Gig Harbor stormwater management and site development manual, most recent version. (Ord. 1347 § 10, 2016).

“Boat house” means a building that provides shelter for a boat or boats. (Ord. 573 § 2, 1990).

“Broadcast and relay towers” means a freestanding support structure, attached antenna, and related equipment intended for transmitting, receiving or re-transmitting commercial television, radio, telephone, or other communication services. (Ord. 771 § 3, 1997).

“Building” means any structure built for the support or enclosure of persons, animals, chattels or property of any kind. (Ord. 573 § 2, 1990).

“Accessory building” means a detached building the use of which is appropriate, subordinate and customarily incidental to the principal building or the principal use of the land, and is located on the same lot as the principal building or principal use of the land. A building shall not be accessory and shall be considered to be part of the principal building when joined to the principal building by a common wall at least four feet long or when connected to the principal building by a breezeway that is eight feet or less in length. (Ord. 573 § 2, 1990).

“Existing building” means a building erected before the effective date of the ordinance codified in this title or one for which application for a building permit was made before the effective date of the ordinance codified in this title. (Ord. 573 § 2, 1990).

“Building height” means the vertical distance measured from the highest elevation of the natural grade at the point on the property allowed by GHMC 17.99.370(D) to the highest point of the roof, excluding chimneys and antennas. (Ord. 1307 § 7, 2014; Ord. 573 § 2, 1990).

“Building line” means the surface of that face or corner of the part of the building nearest the property line. (Ord. 573 § 2, 1990).

“Principal building” means the building that contains the principal use of a lot. (Ord. 573 § 2, 1990).

“Building setback” means the distance between the building line and the nearest boundary to the site or lot, measured at right angles to the boundary. (Ord. 573 § 2, 1990).

“Business” means an activity involving the wholesale or retail sale or the rental of any article or substance or commodity, including but not limited to building materials and vehicles, or involving the provision of commercial services. (Ord. 573 § 2, 1990).

“Business services” means an establishment engaged in providing services to individuals, business and professional office uses. Examples of such uses include: postal services, financial institutions, photocopying and reproduction services, janitorial services, graphic design services, advertising services, data processing services, employment agencies. (Ord. 1160 § 2, 2009).

“Cel-site” means a tract or parcel of land that contains wireless service facilities, including any antenna, support structure, accessory buildings and parking, and may include other uses associated with and ancillary to wireless services. (Ord. 771 § 4, 1997).

“Cemetery” means any one, or a combination of more than one, of the following, in a place used or intended to be used for the placement of human remains and dedicated for cemetery purposes: (A) a burial park, for earth interments; (B) a mausoleum, for crypt interments; or (C) a columbarium, for permanent niche interments. The following may be accessory uses to the principal cemetery use: crematoriums, funeral homes (with attendant reception and funeral services), mortuaries, and related maintenance and administration facilities. Retail sales of cemetery-related items, including but not limited to flowers, urns and headstones, when operated in conjunction with and within the boundary of such cemetery, are allowed and shall be regulated by the requirements relating to retail sales. (Ord. 1148 § 1, 2008).

“City” means the city of Gig Harbor, Washington. (Ord. 703 § 2, 1996).

“Clinic” means a building designed and used for the medical and surgical diagnosis and treatment of human patients under the care of doctors and nurses or other licensed health professionals. (Ord. 573 § 2, 1990).

“Club” means a building or group of buildings where members of an association or fraternal, cultural, or religious organization hold their meetings. A club may contain space available for temporary rental, and a kitchen facility to serve members and guests. (Ord. 1066 § 1, 2007; Ord. 1046 § 8, 2006; Ord. 573 § 2, 1990).

“Coffee house” means a restaurant 1 use that serves primarily coffee, tea and other nonalcoholic beverages. (Ord. 1307 § 11, 2014; Ord. 1046 § 11, 2006; Ord. 598 § 3, 1991. Formerly 17.04.265).

“Co-location” means the placement and arrangement of multiple antennas and equipment on an existing support structure or existing equipment pad area. (Ord. 1245 § 9, 2012; Ord. 771 § 5, 1997).

“Coverage” is that percentage of the area of a lot or site that is built on or occupied by buildings, parking areas and other hard/impermeable surfaces. (Ord. 1347 § 11, 2016; Ord. 573 § 2, 1990).

“Commercial” means a business or activity at a scale greater than a home occupation involving retail or wholesale sale or provision of goods and services. Examples of commercial uses include, but are not limited to, restaurants, business services, professional services, personal services, product services, commercial recreation and sales. (Ord. 1307 § 8, 2014).

“Commercial child care” means a state-licensed business that provides child care on a daily basis outside of the provider’s dwelling. (Ord. 1046 § 9, 2006; Ord. 724 § 2, 1996).

“Commercial photography” means establishments engaged in providing commercial photography including cinematography and video production facilities services for advertising agencies, publishers and other business and industrial users. (Ord. 724 § 5, 1996).

“Community recreation hall” means a facility provided by a nonprofit organization or government agency, for the purposes of community gatherings, classes, meetings, etc. Such a facility may include a commercial grade kitchen. (Ord. 871 § 1, 2001).

“Comprehensive plan” means the planning document as defined in RCW 36.70A.030(4). (Ord. 703 § 3, 1996; Ord. 573 § 2, 1990).

“Computer assembly plants” means those uses which are classified as industry group 357 in the Standard Industrial Classification Manual (SICM), 1987 edition or as amended. (Ord. 724 § 3, 1996).

“Conditional use” means a use listed among those classified in any given zone but permitted only after a public hearing by the city and the granting of a conditional use permit imposing such performance standards as will make the use compatible with other permitted uses in the same district. (Ord. 703 § 4, 1996; Ord. 573 § 2, 1990).

“Contractor’s yard” is an outdoor storage area used for the storage of equipment or machinery typically used in the construction trades industry. (Ord. 752 § 1, 1997).

“Courier services” means those uses which are classified as group 4215 in the Standard Industrial Classification Manual (SICM), 1987 edition or as amended. (Ord. 724 § 4, 1996).

“Family day care provider” means a state-licensed day care provider as defined in RCW 74.15.020 who regularly provides day care for not more than 12 children in the provider’s home in the family living quarters. (Ord. 1307 § 10, 2014; Ord. 1046 § 10, 2006; Ord. 703 § 5, 1996; Ord. 573 § 2, 1990. Formerly 17.04.264).

A. A solid row of evergreen trees or shrubs.

B. A solid row of evergreen trees or shrubs planted on an earthen berm.

C. A combination of trees and shrubs and fencing where the amount of fencing does not exceed 50 percent of the lineal distance of the side to be buffered. Ground cover plants which are capable of providing complete ground coverage within three years of planting shall also be provided.

D. LID BMPs may be utilized within dense vegetative screens. Where LID BMPs are proposed to meet dense vegetative screen requirements, these plantings may deviate from the requirements in this subsection; provided, that the overall screen area meets the intent of providing screening and physical separation. (Ord. 1347 § 12, 2016; Ord. 652 § 1, 1993).

“Density” means a ratio comparing the number of dwelling units with land area of lot or parcel. (Ord. 1551 § 1, 2025).

“Density, maximum” means the largest number of dwelling units that shall be developed on parcel within a specific zoning district based upon net developable area of the parcel. (Ord. 1551 § 2, 2025).

“Density, minimum” means the fewest number of dwelling units that shall be developed on a parcel within a specific zoning district based upon the net developable acreage of the parcel. (Ord. 1551 § 3, 2025).

“Detached building” means a building surrounded on all sides by open space and not connected to another building or structure except by utilities. (Ord. 573 § 2, 1990).

“Developed property” means a lot or parcel of land upon which a building/buildings is/are located, but which contains insufficient area to be capable of further subdivision in accordance with the Gig Harbor subdivision or short subdivision ordinances (GHMC Title 16), as now or hereafter amended. (Ord. 703 § 7, 1996).

“Director” means the planning director or his/her designated representative. (Ord. 1307 § 12, 2014; Ord. 1197 § 10, 2010; Ord. 703 § 6, 1996. Formerly 17.04.271).

“Distribution facilities” means those uses which are classified as group 4212 in the Standard Industrial Classification Manual (SICM), 1987 Edition or as amended. (Ord. 724 § 6, 1996).

“Dock” means a place or structure that connects with the shore and provides access to a boat vessel from the land. (Ord. 573 § 2, 1990).

“Drive-through facility” means an establishment, as allowed in the zone, that permits customers to receive services or products while remaining in their vehicles. (Ord. 1046 § 13, 2006; Ord. 752 § 5, 1997; Ord. 573 § 2, 1990).

“Attached dwelling” means a dwelling that is connected to one or more dwellings by common vertical walls, horizontal floor, or a continuous roof structure. (Ord. 1046 § 14, 2006).

“Duplex dwelling” means a building designed exclusively for occupancy by two families living independently of each other. A duplex can share a wall, ceiling/floor or any other shared roof assembly, including breezeways, but cannot have interior openings between dwellings. (Ord. 1540 § 1, 2025; Ord. 1046 § 15, 2006).

“Four-plex dwelling” means a residential structure with four attached dwelling units and is constructed on a permanent foundation. (Ord. 1046 § 16, 2006).

“Multiple-family dwelling” means a building or portion thereof designed to house two or more families living independently of each other and containing two or more dwelling units. (Ord. 1540 § 1, 2025; Ord. 1046 § 17, 2006; Ord. 703 § 8, 1996; Ord. 573 § 2, 1990).

“Single-family dwelling” means a detached residential structure with one dwelling unit containing but one kitchen, designed for and occupied by one family. (Ord. 1540 § 1, 2025; Ord. 1046 § 18, 2006; Ord. 573 § 2, 1990).

“Triplex dwelling” means a building designed exclusively for occupancy by three families living independently of each other. A triplex can share a wall, ceiling/floor or any other shared roof assembly, including breezeways, but cannot have interior openings between dwellings. (Ord. 1540 § 1, 2025; Ord. 1046 § 19, 2006).

“Mobile/manufactured dwelling” means a residential unit on one or more chassis for towing to the point of use and designed to be used as a dwelling unit on a year-round basis, and if to be installed, one which bears an insignia by a state or federal regulatory agency indicating that the mobile/manufactured home complies with all applicable construction standards of the U.S. Department of Housing and Urban Development’s definition of a manufactured home. (Ord. 573 § 2, 1990).

“Dwelling unit” means a residential living unit that provides complete, independent living facilities for one or more persons including permanent provisions of living, sleeping, eating, cooking and sanitation. (Ord. 1540 § 1, 2025; Ord. 990 § 1, 2005; Ord. 573 § 2, 1990).

“Factory-built dwelling” means a structure constructed in a factory of factory assembled parts and transported to the building site in whole or in units which meets the requirements of the International Building Code. The completed structure is not a mobile/manufactured home; it is a detached building that is designed for long-term human habitation exclusively by one family, has complete living facilities and constitutes one dwelling unit. (Ord. 573 § 2, 1990).

“Commercial entertainment” means any passive recreational activities including but not limited to movie theaters, performing arts theaters, concert halls, and arcades. (Ord. 1046 § 21, 2006).

“Heavy equipment” means vehicles or machines capable of lifting or altering heavy objects, moving large quantities of earth and/or stone, extracting natural resources, harvesting, planting or maintaining agricultural/forest products, and other vehicles or machines performing large-scale work tasks. Heavy equipment includes, but is not limited to, cranes, bulldozers, earth scrapers, tractors over 80 horsepower, and equipment of a similar nature. (Ord. 1046 § 22, 2006).

“Essential public facilities” includes those facilities identified in RCW 36.70A.200 that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020. (Ord. 1046 § 23, 2006).

“Expressive dance” means any dance which, when considered in the context of the entire performance, constitutes an expression of art, theme, story or ideas, but excluding any dance such as, but not limited to, common barroom type topless dancing which, when considered in the context of the entire performance, is presented primarily as a means of displaying nudity as a sales device or for other commercial exploitation without substantial expression of theme, story or ideas, and the conduct appeals to the prurient interest, depicts sexual conduct in a patently offensive way and lacks serious literary, artistic, political or scientific value. (Ord. 743 § 10, 1996).

“Family” means one or more persons occupying a dwelling unit, including the joint use of and responsibility for common areas, sharing household activities and responsibilities such as chores, household maintenance, and expenses. Such persons need not be related by blood or marriage. (Ord. 1540 § 1, 2025; Ord. 703 § 9, 1996; Ord. 573 § 2, 1990).

“Fence” means a barrier that is constructed of one or more of the following materials or a combination thereof, of wood, metal, plastics and masonry materials and which the prime purpose is to separate, screen or partition a parcel or parcels along the perimeters from adjoining parcels, or to screen or partition within a portion of a parcel. (Ord. 667 § 1, 1994; Ord. 573 § 2, 1990).

“Fence height” means the vertical distance from grade directly under the fence to the highest point of the fence above the point of measurement. (Ord. 573 § 2, 1990).

A. “Gross floor area” in the RB-1 zoning district means:

B. “Gross floor area” in the PI, R-1, RLD, R-2, RMD, R-3, RB-2, DB, B-1, B-2, C-1, PCD-C, ED, WR, MW, WC, PCD-BP, PCD-NB and MUD zoning districts means:

“Underground floor area” means the floor area of a building, structure, story, or portion of a story constructed entirely below natural or finished grade, whichever is lower, excluding below grade window wells required for rescue and escape and up to an additional 24 linear feet of access. (Ord. 1152 § 3, 2009).

“Floor area ratio” is a proportional allowance which a building may use for maximum floor area based upon the area of the lot or parcel. The intent of floor area ratios is to minimize the mass, scale and bulk of a structure on a parcel and adjacent parcels while providing sufficient open space, solar access and view opportunities. (Ord. 703 § 10, 1996).

“Food truck” means a vehicle or trailer located on private property from which a vendor prepares and/or serves food for sale to the general public. (Ord. 1316 § 3, 2015).

“Garage” means a building or a portion thereof in which motor vehicles are stored, repaired or maintained. (Ord. 573 § 2, 1990).

“Motor vehicle repair garage” means a garage that is available to the public, is operated for gain and is used for the storage, repair, rental, greasing, washing, servicing, adjusting or equipping of motor vehicles. (Ord. 573 § 2, 1990).

“Private garage” means an accessory building or any portion of a principal building that is used in connection with residential purposes as a garage. (Ord. 573 § 2, 1990).

“Government administrative office” means a facility for the executive, legislative, judicial, administrative, and regulatory activities of local, state, federal, and international governments that may perform public services and work directly with citizens. Typical facilities include courthouses, human and social service offices, health offices, and government offices. (Ord. 1046 § 25, 2006).

“Grade” means the finished surface of the ground after grading for development. (Ord. 573 § 2, 1990).

“Ground cover” means small plants such as salal, ivy, ferns, mosses, grasses or other types of vegetation which normally cover the ground and shall include trees less than three inches in diameter measured at 54 inches aboveground. (Ord. 1347 § 13, 2016; Ord. 703 § 11, 1996. Formerly 17.04.407).

“Habitable space” shall mean a space in a building for living, sleeping, eating or cooking, and shall also include bathrooms, toilet rooms, closets, halls, storage rooms and utility rooms. Habitable space does not include attic areas that have no floors or finished interior walls. (Ord. 1347 § 14, 2016; Ord. 995 § 1, 2005. Formerly 17.04.408).

“Hard surface” means an impermeable surface, a permeable pavement, or a vegetated roof. (Ord. 1347 § 15, 2016).

“Hedge” is a row of closely planted shrubs, bushes, or trees aligned in a linear fashion forming a screen, fence, or boundary. (Ord. 995 § 4, 2005).

“Home occupation” means any activity conducted for financial gain or profit in a dwelling unit by persons residing therein, and which activity is not generally or customarily characteristic of activities for which dwelling units are intended or designed and such activity is clearly incidental or secondary to the residential use of a dwelling unit. (Ord. 1046 § 26, 2006; Ord. 703 § 27, 1996).

“Hospital” means a 24-hour, inpatient medical and surgical treatment facility. (Ord. 1046 § 27, 2006; Ord. 955 § 2, 2004).

“Impermeable surface” means a nonvegetated surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or 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. Common impermeable surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads with compacted sub-grade, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities and tidelands shall not be considered as impermeable surfaces for the purposes of determining whether the thresholds for application of stormwater minimum requirements are exceeded but shall be considered impermeable surfaces for purposes of runoff modeling. (Ord. 1347 § 16, 2016; Ord. 1278 § 4, 2013; Ord. 863 § 2, 2001; Ord. 573 § 2, 1990).

“Industrial, level 1” means the assembly, production, or storage of finished or semi-finished materials or components into a finished or semifinished product. Acceptable uses must have minimal nuisance factors such as, but not limited to, noise, light, glare, odors, particulate emissions and hazardous waste. Examples of acceptable uses include contractor’s office and/or shop, light assembly, light manufacturing, mailing and packaging facilities, warehousing, cinematography and video production facilities, research and development facilities, linen, diaper and similar supply services and laundry facilities. (Ord. 1160 § 3, 2009; Ord. 1046 § 29, 2006).

“Industrial, level 2” means the assembly, production, or storage of finished, semi-finished, or raw materials or components into a finished or semi-finished product. Acceptable uses may have moderate nuisance factors such as, but not limited to, noise, light, glare, odors, particulate emissions and hazardous waste. Examples of such uses include all industrial, level 1 uses plus uses such as contractors’ yards, moving companies, distribution facilities, frozen food lockers, commercial greenhouses and processing of raw materials, except that refining and smelting are not allowed. (Ord. 1046 § 30, 2006).

“Junkyard” means any lot or portion of any lot used for the storage or keeping of junk or waste material including worn-out or wrecked motor vehicles, scrap, partially or fully discarded tangible materials, combinations of materials or items such as machinery, metal, rags, rubber, paper, plastics, chemicals, and building materials that cannot, without further alteration or reconditioning, be used for their original purpose. A junkyard may include an auto wrecking yard. (Ord. 573 § 2, 1990).

“Kennel” means a commercial establishment in which domesticated animals are housed, groomed, bred, boarded, trained, or sold. This includes long-term and short-term day care facilities for pets. (Ord. 1307 § 13, 2014; Ord. 1046 § 31, 2006).

“Kitchen” means a place where food is cooked or prepared and contains the facilities and equipment used in preparing and serving food, such as: a gas or electric range or oven (a freestanding burner, warming oven or microwave is not considered a range or oven); a kitchen sink (a bar or hand sink is not considered a kitchen sink); a refrigerator/freezer (an upright refrigerator or freezer that fits under a counter, such as the type often found in offices, is not sufficient for a kitchen in a dwelling); or an electric outlet for 220 voltage and/or plumbing or standpipes for equipment and facilities normally found in a kitchen. (Ord. 1540 § 1, 2025).

“Legal interest” means the owner of record for the parcel and/or the duly authorized agent for the owner of record. (Ord. 573 § 2, 1990).

“Light assembly” means the assembly of prefabricated materials or components into a finished product. Included in this definition is product wholesaling and material storage. (Ord. 573 § 2, 1990).

“Light manufacturing” means any premises devoted to the production of a finished or semifinished product and which has minimal nuisance factors such as, but not limited to, noise, light, glare, odors, particulate emission and hazardous wastes. (Ord. 573 § 2, 1990).

“Assisted living facility” means a multiunit establishment which provides living quarters and a variety of supportive personal care, limited health care, housekeeping, and transportation services to individuals who are unable to live independently due to infirmity of age or physical handicap, but who do not need the medically oriented care of a skilled nursing facility. Individual dwelling units are of a barrier-free design with separate bathroom facilities and a mini-kitchen without range. Communal areas include a dining room in which three meals per day are served, social and activity areas, laundry facilities, and open space. Assisted living facilities are licensed under Chapter 388-110 WAC. (Ord. 990 § 2, 2005).

“Independent living facility” means a multiunit establishment which provides living quarters and a variety of social, housekeeping, and transportation services to senior citizens who choose to live in a congregate setting. Individual dwelling units are of a barrier-free design with separate bathroom facilities and may contain a full kitchen, partial kitchen, or no kitchen. Communal areas include a dining room in which at least one meal per day is served, social and activity areas, laundry facilities, and open space. (Ord. 990 § 3, 2005).

“Loading berth” means an off-street space or berth that is on the same lot with the building it serves and is used for the parking of a vehicle while loading or unloading material or items. (Ord. 573 § 2, 1990).

“Lodging, level 1” means a single-family residence which provides overnight lodging for guests, and provides food service to guests in accordance with WAC 246-215-09300. Such dwelling shall have no more than eight such guest rooms for persons other than the immediate family of the operator occupying such dwelling. (Ord. 1507 § 2, 2023; Ord. 1046 § 32, 2006).

“Lodging, level 2” means an establishment providing sleeping accommodations with a majority of all guest rooms having direct access to the outside without the necessity of passing through the main lobby of the building, with or without food services, and may include conference facilities. (Ord. 1046 § 33, 2006).

“Lodging, level 3” means an establishment providing sleeping accommodations with a majority of all guest rooms having direct access through the main lobby of the building, with or without food services, and may include conference facilities. (Ord. 1046 § 34, 2006).

“Lot” means an area of land that is described by metes and bounds or recorded plat and is to be used, developed or built upon as a single unit of land. (Ord. 573 § 2, 1990).

“Lot of record” means a lot, tract or parcel which is defined by a deed recorded as a valid lot in a recorded subdivision with the county auditor and assigned a tax number. (Ord. 703 § 12, 1996; Ord. 573 § 2, 1990).

“Lot area” means all the area within the boundaries of a lot excluding rights-of-way, etc. (see GHMC 17.04.080). (Ord. 573 § 2, 1990).

“Corner lot” means a lot situated at the junction of and bordering on two intersecting public rights-of-way. On a corner lot, the front lot line is the shorter lot line adjacent to a public street; the longer lot line adjacent to a public street is a side lot line. (Ord. 573 § 2, 1990).

“Depth of lot” means the average distance from the front lot line to the rear lot line measured horizontally from the midpoint of the front lot line to the midpoint of the rear lot line. (Ord. 573 § 2, 1990).

“Interior lot” means any lot other than a corner lot. (Ord. 573 § 2, 1990).

“Lot line” means a portion of the boundary of a lot dividing it from other lots or parcels of land. (Ord. 573 § 2, 1990).

“Rear lot line” means the lot line opposite and most distant from the front lot line, and in the case of an irregularly, triangularly or triangular-shaped lot, the rear lot line will be determined by the planning director. (Ord. 573 § 2, 1990).

“Side lot line” means any lot line that is not the front lot line or the rear lot line. (Ord. 573 § 2, 1990).

“Through lot” means an interior lot fronting on two streets. A through lot has two front lot lines and no rear lot line. (Ord. 573 § 2, 1990).

“Lot width” means the horizontal dimension of the front lot line or, in an irregularly shaped lot, the horizontal dimension across the lot at the building setback line. (Ord. 1046 § 35, 2006; Ord. 573 § 2, 1990. Formerly 17.04.550).

“Low impact development” or “LID” means a stormwater and land use management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation 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. (Ord. 1347 § 17, 2016).

“Low impact development BMPs” means distributed stormwater management practices, integrated into a project design, that emphasize pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re-use. (Ord. 1347 § 19, 2016).

“Low impact retail” means retail uses that are compatible with, and targeted to, local residential consumers, and that reduce the hazards of local traffic by limiting the size of the building. Such stores or services may include pharmacies, bakeries and delicatessens or coffee shops, barbershops and beauty parlors, drycleaners, shoe repair, small commercial postal services, flower shops, and similar uses. Drive-in establishments, such as gas stations or drive-through restaurants, do not meet this definition. (Ord. 1347 § 18, 2016; Ord. 1046 § 36, 2006; Ord. 863 § 3, 2001. Formerly 17.04.544).

“Mail and packaging facilities” means retail facilities which provide mail and package services to the general public. (Ord. 1046 § 37, 2006; Ord. 724 § 7, 1996. Formerly 17.04.553).

“Marina” means a water-dependent facility consisting of a system of piers, buoys or floats which provides moorage and may include related services. (Ord. 1046 § 38, 2006).

“Marine boat sales, level 1” means a boat sales brokerage offering services to buyers and sellers, but without on-site outdoor, dry land storage and/or display yard. (Ord. 1046 § 39, 2006).

“Marine boat sales, level 2” means a boat sales brokerage offering services to buyers and sellers, with on-site outdoor display yard. (Ord. 1046 § 40, 2006).

“Marine industrial” means the assembly, production, or storage of finished or semi-finished materials or components into a finished or semi-finished marine product, and includes the production or sale of fishing equipment and supplies, boat construction and dry land boat storage, sales of fisheries products for human consumption, and commercial fishing operations. (Ord. 1046 § 41, 2006).

“Marine sales and service” means marine- related sales of items such as boating equipment, fishing equipment, hardware and supplies, fisheries products for human consumption, bait sales and boat repair. (Ord. 1046 § 42, 2006).

“Microcell” means a wireless communication facility consisting of an antenna that is either: (i) four feet in height and with an area of not more than 580 square inches; or (ii) if a tubular antenna, no more than four inches in diameter and no more than six feet in length. (Ord. 771 § 6, 1997).

“Ministorage” means fully enclosed commercial storage facilities, available to the general public and used solely for the storage of personal property. (Ord. 1046 § 43, 2006; Ord. 703 § 13, 1996; Ord. 573 § 2, 1990).

“Mixed use” means the development of a contiguous tract of land, a building or a structure with two or more different uses identified on the land use matrix specified in Chapter 17.14 GHMC. (Ord. 1540 § 1, 2025; Ord. 1154 § 1, 2009).

“Mobile/manufactured home” means a residential unit on one or more chassis for towing to the point of use and designed to be used as a dwelling unit on a year-round basis, and if to be installed, one which bears an insignia by a state or federal regulatory agency indicating that the mobile/manufactured home complies with all applicable construction standards of the U.S. Department of Housing and Urban Development’s definition of a manufactured home. (Ord. 573 § 2, 1990).

“Mobile/manufactured home park” means a tract of land under single ownership or control upon which two or more mobile/manufactured homes occupied as dwellings may be located. (Ord. 573 § 2, 1990).

“Mobile/manufactured home subdivision” means two or more mobile/manufactured homes on separate lots developed under the supervision of the provisions of GHMC Title 16 and the conditional use procedures of this title and where mobile/manufactured homes are permanently installed for residential use on individually owned lots. (Ord. 573 § 2, 1990).

“Moorage” means a space occupied by a vessel or boat when secured in place by anchors or lines to shore, dock or float. (Ord. 573 § 2, 1990).

“Museum” means a building or place for the acquisition, conservation, study, assembly and public display and/or exhibition, and educational interpretation of objects having historical, cultural, scientific, or artistic value. (Ord. 1046 § 45, 2006; Ord. 871 § 3, 2001; Ord. 724 § 8, 1996).

“Natural grade” means that local soil or rock on the property that has existed legally on such property unmoved by natural or unnatural forces for a period of not less than 60 months prior to submittal of an application for a building permit, or in the case of properties that are part of a final plat approval that is still in effect per GHMC 16.06.006, the grade approved by the civil permit. (Ord. 1307 § 14, 2014; Ord. 573 § 2, 1990).

“Natural resource extraction” means commercial or industrial operations involving the removal of natural resources, excluding fish or wildlife. (Ord. 573 § 2, 1990).

“Net developable area” means the portion of a lot that remains after subtracting areas where development is prohibited (sensitive areas, public rights-of-way, tidelands) from the gross lot area. It is used to calculate the allowable residential density for a site. (Ord. 1551 § 4, 2025).

“Historic net shed” means an existing building constructed over or near the water for the purpose of storing, mending and maintaining fishing nets and other fishing gear. Said buildings were generally constructed over 50 years ago. In order to qualify for any exemption from gross floor area in this title, a historic net shed, as referenced in Exhibit “A” to the ordinance codified in this section, but not limited to Exhibit “A,” must be included and maintained on the city’s register of historical properties, pursuant to Chapter 17.97 GHMC. (Ord. 1070 § 1, 2007).

“Nonconformity” means any lot, structure, use of land, use of structure or characteristic of use that does not conform to the terms of this title or its future amendments, but that was lawful before the effective date of the ordinance codified in this title or its future amendments. (Ord. 573 § 2, 1990).

“Nonprofit organization” means those organizations that have a 501(c)(3) IRS determination letter and a legally constituted board of trustees or directors, and which provide a public service. (Ord. 871 § 4, 2001).

“Agricultural nursery” means a place where plants are grown. Sales are restricted to those items grown on the premises. (Ord. 573 § 2, 1990).

“Skilled nursing facility” means a care facility or a distinct part of a facility licensed or approved as a skilled nursing facility or nursing home, infirmary unit of a retirement complex, or a governmental medical institution. (Ord. 1046 § 47, 2006).

“Other adult entertainment facility” means any commercial establishment not defined herein where adult entertainment or sexually oriented materials is regularly conducted, displayed, or available in any form, for any type of consideration; provided, however, that a public library, and a school, university, or similar educational or scientific facility shall not be considered an adult entertainment facility. In addition, a commercial establishment that offers access to telecommunications networks as a principal business purpose shall not be considered an adult entertainment facility unless the access is provided for the primary purpose of displaying or presenting visual images that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. (Ord. 743 § 11, 1996).

“Off-street parking” means parking on privately owned property. (Ord. 573 § 2, 1990).

“Commercial parking lot” means an off-street parking area, a majority of which is available to the public, and such parking is the primary use of the site. (Ord. 1046 § 48, 2006).

“Parking space” means an off-street space used to temporarily park a motor vehicle and having access to a public street or alley. (Ord. 573 § 2, 1990).

“Parks” means land used for active and passive recreation including, but not limited to, local and regional parks, playgrounds, ballfields, water access facilities and nonmechanical boat launches. (Ord. 1046 § 49, 2006).

“Parsonage” means the permanent place of residence of the pastor of a church whose total income is derived from the church. (Ord. 1307 § 16, 2014; Ord. 573 § 2, 1990. Formerly 17.04.670).

“Partially developed property” means a lot or parcel of land upon which a building/buildings is/ are located and which is of sufficient area so as to be capable of subdivision in accordance with the Gig Harbor subdivision or short subdivision ordinances (GHMC Title 16), as now or hereafter amended. (Ord. 703 § 14, 1996).

“Performing arts center” means a structure or group of structures which provides “live” entertainment for the general public of all ages. Included within this definition are outdoor “live” theaters and stage events. Excluded from this definition are indoor and outdoor movie theaters. (Ord. 724 § 9, 1996).

“Permeable paving” or “permeable surface” means paving surfaces which accommodate pedestrian, bicycle and auto traffic while allowing infiltration and storage of stormwater. Permeable paving includes porous asphalt pavement; pervious concrete; grid or lattice rigid plastic or paving blocks where the holes are filled with soil, sand, or gravel; and cast-in-place paver systems. (Ord. 1347 § 20, 2016; Ord. 1171 § 2, 2009. Formerly 17.04.675).

“Personal services” means an establishment engaged in providing services involving nonmedical care of a person and/or his or her personal goods or apparel. Examples of such uses include: laundromats, drycleaners, barbers, hairstyling salons, spa services, indoor pet grooming salons, photography studios, dance schools, karate schools, and indoor fitness centers no more than 20,000 square feet in size. (Ord. 1347 § 21, 2016; Ord. 1307 § 15, 2014; Ord. 1160 § 4, 2009; Ord. 1046 § 50, 2006. Formerly 17.04.657).

“Pervious concrete” means paving surfaces similar to conventional concrete except that the mixture omits the fines to create stable air pockets within the final product to allow water to drain to the base below, reducing stormwater runoff and allowing for groundwater recharge. Pervious concrete typically may have a rougher surface than conventional concrete. (Ord. 1347 § 22, 2016).

“Planned unit development” means a development in a district on a parcel of land under single ownership, in a manner that makes possible greater variety and diversification in the relationships between building, open space, and uses, in order to encourage the conservation and retention of historical and natural topographic features, while meeting the purposes and objectives of the comprehensive plan. (Ord. 573 § 2, 1990).

“Porous asphalt” means paving surfaces similar to conventional asphalt but with reduced fines and stable air pockets within the final product that allow water to drain to the base below, reducing stormwater runoff and allowing for groundwater recharge. Aggregate binders and additives can be added to increase durability. (Ord. 1347 § 23, 2016).

“Principal dwelling unit” means the single-family housing unit, duplex, triplex, townhome, or other housing unit located on the same lot as an accessory dwelling unit. (Ord. 1540 § 1, 2025).

“Product services, level 1” means businesses engaged in servicing, repair or maintenance of small personal items such as shoes, small appliances, computers, watches and clocks, jewelry, and clothing, etc. (Ord. 1046 § 51, 2006).

“Product services, level 2” means all product services, level 1 uses plus large appliance repair, auto repair, boat repair and garden equipment repair. (Ord. 1046 § 52, 2006).

“Professional services” means specialized services or skills provided in an office setting, such as lawyers, licensed health care providers, architects, engineers, consultants, accountants and financial advisors. (Ord. 1046 § 53, 2006; Ord. 703 § 15, 1996; Ord. 573 § 2, 1990).

“Property line” means a portion of the boundary of a parcel of land dividing it from other parcels of land. (Ord. 573 § 2, 1990. Formerly 17.04.690).

“Public/private services” means uses such as libraries, fire stations, police stations, government and school maintenance and storage facilities, and public parking lots. (Ord. 1046 § 54, 2006; Ord. 724 § 10, 1996).

“Publishing and printing” means a wholesale facility which manufactures printed material and includes design, layout, printing, distribution and storage facilities on the same site as the printing facility. (Ord. 724 § 11, 1996).

“Indoor commercial recreation” means any indoor active recreational use, including but not limited to tennis centers, fitness centers greater than 20,000 square feet in size, bowling, skating, and swimming. (Ord. 1307 § 17, 2014; Ord. 1046 § 56, 2006).

“Outdoor commercial recreation” means any outdoor active recreational use, including but not limited to tennis, golf, outdoor fitness centers, skating and swimming. (Ord. 1046 § 58, 2006).

“Recreational vehicle” is a motor vehicle or portable vehicular structure that is capable of being towed on the highways by a motor vehicle, is designed or intended for casual or short-term human occupancy for travel, recreational or vacation uses, and is identified by a model number, serial number, or vehicle registration number. (Ord. 703 § 18, 1996).

“House of religious worship” means a structure or structures of which the principal purpose is religious worship and for which the principal building or other structure contains a sanctuary or principal place of worship. Included within this definition is the term “church”, and accessory uses in separate buildings or structures including religious educational classrooms, assembly rooms, kitchen, library room or reading room, recreation hall and one single-family dwelling unit, but excluding facilities for residence or for training of religious orders. (Ord. 724 § 12, 1996).

“Rental hall facility” means a building owned by an organization which is rented or leased on a frequent basis to private groups, individuals or other organizations for special events. (Ord. 703 § 19, 1996).

“Reprographic” or “reprographic services” means commercial copying, photography and printing of documents, maps, drawings, etc. (Ord. 724 § 13, 1996).

“Research and development facility” means an enterprise devoted to the analysis, design and development of a product, compound or group of compounds capable of being assembled into a finished or semifinished product, and excludes any manufacturing, wholesale or retail sales of a product or products. (Ord. 724 § 14, 1996).

“Residential” means activity involving the human occupation of a building for living, cooking, sleeping and recreation. (Ord. 573 § 2, 1990).

“Restaurant 1” means an establishment that serves food and nonalcoholic beverages and operates without a grill or deep-fat fryer. Beer and wine may be served in a Restaurant 1 establishment provided the Restaurant 1 use does not exceed 1,200 square feet in size. (Ord. 1213 § 1, 2011; Ord. 1046 § 59, 2006).

“Restaurant 2” means an establishment that prepares and serves food and nonalcoholic beverages. (Ord. 1046 § 60, 2006).

“Restaurant 3” means an establishment that prepares and serves food and alcoholic beverages. (Ord. 1046 § 62, 2006).

“Ancillary sales” means sales directed towards the employees or patrons of a primary permitted use with no exterior signage. (Ord. 1046 § 65, 2006).

“Sales, level 1” means general sales including grocery stores, hardware stores, variety stores, nurseries, pharmacies, bakeries, flower shops, and similar general retail uses. (Ord. 1046 § 66, 2006).

“Sales, level 2” means automobiles, trucks, motorcycles, recreational vehicles, boats and trailer sales. (Ord. 1046 § 68, 2006).

“Sales, level 3” means heavy equipment sales and rentals, and including outdoor bulk sales of building and landscaping supplies. (Ord. 1046 § 69, 2006).

“Retail sales” means the point of purchase acquisition of small quantities of finished goods or products, excluding motorized vehicles, trailers, manufactured homes and boats, by the ultimate consumer. (Ord. 1046 § 63, 2006; Ord. 880 § 1, 2001; Ord. 703 § 20, 1996. Formerly 17.04.705).

“Wholesale sales” means the acquisition of finished or semi-finished goods, products or materials by a commercial entity, firm or corporation for eventual distribution to a retail market and which are not subject to the retail sales tax. (Ord. 1046 § 64, 2006; Ord. 703 § 21, 1996. Formerly 17.04.706).

“Satellite dish antenna” means a circular or parabolically shaped device of solid or mesh construction, designed and erected for receiving telecommunication signals. A small satellite dish antenna is defined as having a diameter of one meter or less and located within any zoning district or two meters or less within commercial and employment districts. A large satellite dish antenna is defined as having a diameter of greater than one meter in diameter in any residential zone or two meters in diameter in commercial and employment districts. (Ord. 1046 § 67, 2006; Ord. 771 § 7, 1997; Ord. 573 § 2, 1990. Formerly 17.04.710).

“Higher educational school” means a public or private postsecondary educational facility. (Ord. 1046 § 70, 2006).

“Primary school” means a public or private Washington State approved K – 8 school, including accessory playgrounds and athletic fields. (Ord. 1229 § 1, 2011; Ord. 1046 § 71, 2006).

“Secondary school” means a public or private Washington State approved 9 – 12 school, including athletic fields. (Ord. 1229 § 2, 2011; Ord. 1046 § 72, 2006).

“Vocational/trade school” means a public or private educational facility teaching skills that prepare students for jobs in a trade or occupation. (Ord. 1046 § 73, 2006).

“Building setback” means the distance between the building line and the nearest boundary to the site or lot, measured at right angles to the boundary. (Ord. 573 § 2, 1990).

“Sexually oriented materials” means any books, magazines, periodicals or other printed materials, or any photographs, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. (Ord. 743 § 12, 1996).

“Short-term rental” means a legally established dwelling unit, accessory apartment, or portion thereof that is offered as a rental to guests for fewer than 30 consecutive nights. (Ord. 1507 § 6, 2023).

“Short-term rental platform” or “platform” means a person or business entity that provides a means through which a dwelling unit, accessory apartment, or portion thereof may be offered for the purposes of a short-term rental and from which the person or entity financially benefits. (Ord. 1507 § 7, 2023).

“Site coverage” is that percentage of the area of a lot or site that may be built on or occupied by buildings, parking areas and other hard/impermeable surfaces excluding tidelands or lands waterward of the ordinary high water mark. (Ord. 1507 § 7, 2023; Ord. 1347 § 24, 2016. Formerly 17.04.727).

“Special uses” are uses permitted under Chapter 17.65 GHMC that are permitted or conditionally permitted in the underlying zone, but which are temporary and infrequent in nature, lasting seven days or less and occurring not more than twice in any calendar year by any given applicant or at any given site. Special uses include events or promotions which occur outdoors or in temporary structures, often siting in fields, plazas or parking areas. (Ord. 953 § 1, 2004).

“Specified anatomical areas” means and includes any of the following:

A. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

B. Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola. (Ord. 743 § 13, 1996).

“Specified sexual activities” means and includes any of the following:

A. The caressing, fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or

B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or

C. Masturbation, actual or simulated; or

D. Excretory functions as part of, or in connection with, any of the sexual activities specified in this definition. (Ord. 743 § 14, 1996).

“Story” means that portion of a building between any floor and the next floor above, except that the topmost story shall be that portion of a building between the topmost floor and the ceiling or roof above it. If the finished floor level directly above a basement, cellar or unused floor space is more than six feet above the grade for more than 50 percent of the total perimeter of the building or is more than 12 feet above the grade at any one point, then such basement, cellar or unused floor space shall be considered a story. A story as used here shall not exceed 15 feet in height. (Ord. 573 § 2, 1990).

“Street” means a public thoroughfare that is permanently opened to general use and that affords the principal means of access to abutting property. A street includes an avenue, a place, a drive, a boule-vard, a highway and any other similar public thoroughfare except an alley as defined herein. (Ord. 573 § 2, 1990).

“Structure” means a combination of materials that is constructed or erected, either on or under the ground, or that is attached to something having a permanent location on the ground, excluding residential fences, retaining walls, rockeries and similar improvements of a minor character the construction of which is not regulated by the building code of the city. (Ord. 573 § 2, 1990).

“Studio apartment” means an apartment with one main living space, a kitchen, a bathroom, and does not have a separate bedroom. (Ord. 783, 1998).

“Tank farm” means a lot that has one or more tanks, the aggregate volume of which is 10,000 gallons or more, and that contain something other than water. (Ord. 573 § 2, 1990).

“Tavern” means an establishment that serves alcoholic beverages as its primary use. (Ord. 1046 § 74, 2006).

“Tenant-specific alteration” means an exterior improvement made to the facade of a completed building by or for a single tenant which does not substantially modify the approved architecture. (Ord. 1194 § 7, 2010).

“Tract” means a parcel of land in single ownership that has not been subdivided into lots in conformance with the applicable laws of the state, county or city. (Ord. 573 § 2, 1990).

“Travel trailer” means a motor vehicle or portable vehicular structure that is capable of being towed on the highways by a motor vehicle, is designed or intended for casual or short-term human occupancy for travel, recreational or vacation uses, and is identified by a model number, serial number, or vehicle registration number. (Ord. 573 § 2, 1990).

“Truck garden” means a farm producing vegetables for sale. (Ord. 573 § 2, 1990).

“Undeveloped property” means a lot or parcel of land upon which no building exists, and which may or may not be of sufficient area so as to be capable of subdivision. (Ord. 703 § 23, 1996).

“Use” means how land or a building is arranged, designed, occupied or maintained. (Ord. 573 § 2, 1990).

“Principal use” means the primary use of land or a building as distinguished from a secondary or minor use. (Ord. 573 § 2, 1990).

“Utilities” includes public or private domestic water systems, storm and sanitary sewer systems, electric distribution systems, telephone systems, and water storage facilities, excluding wireless communication facilities. (Ord. 1046 § 76, 2006).

“Variance” means a relaxation of the requirements of this title with respect to building setback, building height, the size of signs, coverage or parking (but not with respect to use) approved by the city as a Type III permit application. (Ord. 703 § 24, 1996; Ord. 573 § 2, 1990).

“Vehicle wash” means an area of land and/or a structure used principally for the cleaning, washing, polishing, or waxing of motor vehicles. (Ord. 1046 § 78, 2006).

“Warehouse” or “warehousing” means the storage of goods, products or materials for commercial or industrial facilities within a fully enclosed structure. (Ord. 703 § 25, 1996).

“Wireless communication facility” means any unstaffed facility for the transmission and/or reception of radio frequency (RF) signals through electromagnetic energy usually consisting of an equipment shelter or cabinet, a support tower or other structure used to achieve the necessary elevation, and the transmission and reception devices or antenna. (Ord. 1307 § 19, 2014; Ord. 771 § 8, 1997. Formerly 17.04.755).

“Attached wireless communications facility (WCF)” means an antenna array that is attached to an existing building or structure (attachment structure), which structures shall include but not be limited to utility poles, signs, water towers, with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure, transmission cables, and an equipment facility which may be located either inside or outside of the attachment structure. (Ord. 1307 § 20, 2014; Ord. 771 § 9, 1997. Formerly 17.04.756).

“Wireless services” or “wireless communication services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. (Ord. 1307 § 21, 2014; Ord. 771 § 10, 1997. Formerly 17.04.757).

“Wireless communication support structure” means a structure designed and constructed specifically to support an antenna array (as defined in GHMC 17.04.055), and may include a monopole, self-supporting (lattice) tower, guy-wire support tower and other similar structures. Any device (attachment device) which is used to attach a WCF to an existing building or structure (attachment structure) shall be excluded from the definition of and regulations applicable to support structures. (Ord. 1307 § 22, 2014; Ord. 771 § 11, 1997. Formerly 17.04.758).

“Yard” means a required open space that is on the same lot with the principal use and is unoccupied or unobstructed by any portion of a structure, except roof eaves, bump-out windows, fireplace chimneys and decks/balconies may extend up to 18 inches into the yard. In addition, paved terraces, fences, walls, retaining walls, rockeries, at-grade stairs, poles, posts, ornaments, furniture, and other customary yard accessories may be permitted in any yard subject to height limitations and requirements limiting the obstruction of visibility at intersections. (Ord. 1307 § 23, 2014; Ord. 573 § 2, 1990).

“Front yard” means a yard extending the full length of the front lot line and its depth is measured from the building line to the front lot line at right angles to the lot line. (Ord. 1307 § 24, 2014; Ord. 1245 § 12, 2012; Ord. 601 § 1, 1991; Ord. 573 § 2, 1990).

“Rear yard” means a yard extending the full length of the rear lot line and its depth is measured from the building line to the rear lot line at right angles to the lot line. (Ord. 1307 § 25, 2014; Ord. 1245 § 13, 2012; Ord. 601 § 1, 1991; Ord. 573 § 2, 1990).

“Side yard” means a yard extending the full length of the side lot line and its depth is measured from the building line to the side lot line at right angles to the lot line. (Ord. 1307 § 26, 2014; Ord. 1245 § 14, 2012; Ord. 601 § 1, 1991; Ord. 573 § 2, 1990).