A.

For the purposes of this chapter, all words shall have their normal and customary meanings, unless specifically defined otherwise in this section. Words used in the present tense shall include the future. The singular number includes the plural, and the plural the singular. The word "person" includes a corporation, partnership, association, or organization, as well as an individual. The word "shall" is mandatory and the word "may" denotes the use of discretion in making a decision.

B.

In the event that a term utilized within the ordinance codified in this chapter is not defined within the municipal code, including the following section, but is defined in the Revised Code of Washington or a provision of the Washington Administrative Code, as on file in the office of the city administrator, that definition shall be deemed to be incorporated by reference and shall be applicable to the extent not plainly inconsistent with this chapter. In the event there are multiple definitions, pursuant to a rule adopted under the authority granted in Section 17.40.160 the administrator shall have the authority to establish the one which is most consistent with the intent and purpose of the particular use.

(Ord. 709 § 1 (part), 2004)

"A" Definitions:

1.

"Abate" means to repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a civil violation by such means, in such a manner, and to such an extent as the administrator determines necessary in the interest of the general health, safety, and welfare of the community.

2.

"Accessory use" means a use incidental and subordinate to the use of the principal use on the same lot.

3.

"Accessory structure" means a detached, subordinate building, located on the same lot, the use of which is clearly incidental to that of the principal building or to the principal use of the land.

4.

"Accessory dwelling 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 provisions within the accessory apartment for cooking, eating, sanitation, and sleeping. Such a dwelling is an accessory use to the principal one.

5.

"Administrator" means the city administrator, or his/her designee.

6.

"Adult bookstore" means an establishment having as a substantial or significant portion of its stock-in-trade books, magazines, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical areas. An adult bookstore shall, for the purposes of this chapter, be an adult entertainment business.

7.

"Adult entertainment business" means any business which, as a substantial portion of its operations, offers for sale or viewing for any consideration any photographic or film depictions or devices or paraphernalia that depict or are characterized by an emphasis on the depiction, description, or engagement in specified sexual activities or anatomical areas including male or female sexual organs, buttocks, or female's breasts. For the purposes of this definition, the term "paraphernalia" shall not be deemed to include condoms or other birth control measures.

8.

"Adult entertainment" means when utilized within this title, adult entertainment shall mean as follows:

a.

Any exhibition, performance, or dance of any type conducted in a premises where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva, or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

b.

Any exhibition, performance, or dance of any type conducted in a premises where such exhibition, performance, or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities:

i.

Human genitals in a state of sexual stimulation or arousal,

ii.

Acts of human masturbation, sexual intercourse, or sodomy, or

iii.

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

c.

Any exhibition, performance, or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises' activity. This includes, but is not limited to, any such exhibition, performance, or dance performed for, arranged with, or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition, or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing.

9.

"Adult family home" means the regular family dwelling unit of a person or persons who provide personal care, room, and board to no more than four adults not related by blood or marriage to the person or persons providing the services. An adult family home may have a maximum of six adults if licensed pursuant to Chapter 70.128 RCW by the Washington State Department of Social and Health Services.

10.

"Agriculture" means the use of land for agricultural and forestry purposes, including farming, dairying, pasturage agriculture, horticulture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing produce.

11.

"Agricultural activities" means the primary activity being the production, keeping, or maintenance for sale, lease, or personal use of plants or animals useful to man, including but not limited to forages and sod crops, grains and seed crops, dairy animals and dairy products, poultry and poultry products, livestock, including, but not limited to, beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all such animals, bees, and apiary products, fur animals, trees and forest products, fruits of all kinds, including grapes, nuts, and berries, vegetables, nursery, floral, ornamental and greenhouse products or lands devoted to a soil conservation or forestry management program.

12.

"Alley" means a public right-of-way affording a secondary means of vehicular access to abutting lots and not intended for general traffic circulation.

13.

"Animal shelter" means a commercial or nonprofit establishment in which animals other than livestock are temporarily housed or boarded, groomed, bred, trained, treated, or sold.

14.

"Appliance" means for purposes of this chapter, the term shall mean those items commonly used or installed in a household for use such as lamps and other light fixtures, kitchen ranges, exhaust fans, washing machines, clothes driers, dishwashers, clothes irons, blenders, mixers, televisions, and all other items of similar purpose and intent. That the particular appliance may be installed and utilized in a commercial context shall not remove it from this definition.

15.

"Appliance sales and repair" means a location at which either new or used appliances are offered for sale, lease, rent, or are repaired.

16.

Automobile. See passenger car.

"B" Definitions:

1.

"Bars and/or cocktail lounges" means any premises selling alcoholic beverages for consumption on the premises. It shall not mean a premise that sells beverages in conjunction with the sale of food for consumption on the premises.

2.

"Bed and breakfast inns" means a dwelling unit that contains no more than three guest rooms where lodging, with or without meals, is provided for compensation.

3.

"Binding site plan" means a drawing at a scale of no less than 1″=100' that a) identifies and shows the locations of all streets, improvements, utilities, open spaces, and manufactured home spaces; b) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as established by the land use hearings examiner; and c) contains provisions requiring that all development occurring within the proposal's boundaries be in conformity with the site plan.

4.

"Boarding house" means an establishment providing long-term lodging for four or more persons where meals are regularly prepared and served for compensation.

5.

"Bottlers or distributors (beverage industries)" means the production, processing, and/or packaging of milk, soft drinks, beer, wine, fruit juices, and other drinks.

6.

"Building" means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.

7.

"Bulk fuel and chemical storage" means the storage of fuel or chemicals in structures or tanks for subsequent wholesale distribution or sale.

8.

"Business office use" means a use that provides professional, administrative, or business related services. Production, distribution, or the retail or wholesale sale of goods or commodities is not included.

"C" Definitions:

1.

Canopy, freestanding. "Freestanding canopy" means any factory made, self-supporting building with a frame or pole superstructure that uses a vinyl fabric or metal skin for the roof and/or walls. Freestanding canopies shelter or enclose automobiles, boats, recreational vehicles, or property of any kind.

2.

"Caretaker dwelling" means a single-family dwelling unit accessory to an agricultural, professional, commercial, or industrial use for occupancy by the owner/caretaker.

3.

"Cemeteries" 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 with and within the boundaries of such cemetery.

4.

"Civil violation" means a violation for which a monetary penalty is sought by the city as specified under Section 17.40.140 of this code. Each day or portion of a day during which a violation occurs or exists is a separate violation.

5.

"Clear vision triangle" means an area maintained for vision safety purposes lying between the front lot line and the side lot line adjacent to a street and a line connecting points of these lot lines fifteen feet from their intersection.

6.

"Commercial recreation areas/facilities" means an area operated for profit and devoted to facilities and equipment for recreational purposes, including swimming pools, tennis courts, playgrounds, and similar uses whether the use of such area is limited to private membership or whether open to the public upon payment of a fee.

7.

"Commercial use" means an occupation, employment, or enterprise carried on for profit by an owner, lessee, or licensee.

8.

"Commercial horticulture" means an establishment where flowers, shrubbery, vegetables, trees, and other horticultural and floricultural products are grown, both in the open and in an enclosed building, for sale on a retail or wholesale basis.

9.

"Community facilities" means any use of land, water, or building by the city of McCleary for providing services to the public, including, but not limited to, administrative offices, police stations, fire stations, community centers, parks, libraries, and the like.

10.

"Conditional use" means a use allowed in one or more zones but which, because of characteristics peculiar to such use, the 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 permit in order to provide a particular degree of control to make such uses consistent and compatible with other existing or permissible uses in the same zone(s).

11.

"Condominium" means the division of a building or land pursuant to the Horizontal Property Regimes Act, Chapter 64.32 RCW, or to the Condominium Act, Chapter 64.32 RCW.

12.

"Contractor office" means a service establishment primarily engaged in general contracting or subcontracting in the building construction trades. These offices are primarily intended to house the administrative functions of a contractor. No external storage of tools, equipment or materials is allowed.

13.

"Consistency" means that no feature of a plan or regulation is incompatible with any other feature of a plan or regulation. Consistency is indicative of a capacity for orderly integration or operation with other elements in a system. WAC 365-195-210.

14.

"Contractor yards" means a service establishment primarily engaged in general contracting or subcontracting in the building construction trades. These include administrative offices, workshops, and the indoor or outdoor storage of tools, equipment, materials, and vehicles.

15.

"Critical areas" means and includes the following areas and ecosystems as defined in RCW 36.70A.030 and WAC 365-195-200:

a.

Wetlands;

b.

Areas with a critical recharging effect on aquifers used for potable water;

c.

Fish and wildlife habitat conservation areas;

d.

Frequently flooded areas; and

e.

Geologically hazardous areas.

"D" Definitions:

1.

"Day care center" means an agency that regularly provides care for a group of children for periods of less than twenty-four hours (RCW 74.15.020). See family day care provider.

2.

"Density" means the number of dwelling units permitted per acre of land, excluding streets and easements.

3.

"Drive-in restaurant" means a retail outlet that sells food or beverages for consumption to customers in motor vehicles.

4.

"Dwelling unit" means one or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one household with separate toilet (s) and facilities for cooking and sleeping.

"E" Definitions:

"F" Definitions:

1.

"Family day care provider" means a child day care provider who regularly provides child day care for not more than twelve children in the provider's home in the family living quarters (RCW 74.15.020).

2.

"Financial institutions and services" means business activities in which customers frequent the site for purposes of buying and selling securities, insurance, annuities, obtaining loans, depositing and withdrawing money, and financial planning.

3.

"Fire station" means a building in which firefighting and/or emergency medical equipment and trucks are kept and within which firefighters may be housed or dispatched.

4.

"Firewood storage except for personal consumption" means a place at or within which wood, in quantities greater than five cords, is stored to be sold to consumers for cooking and/or heating.

5.

"Floor area" means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walls and from the center line of division walls. Floor area shall include basements, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces with headroom of seven feet six inches or more, penthouse floors, interior balconies and mezzanines, and enclosed porches. Accessory water tanks, cooling towers, mechanical equipment or attic spaces with headroom less than seven feet six inches, exterior steps or stairs, terraces, breezeways, and open spaces are not included in calculating floor area.

6.

"Forest practices" means any activity conducted on or directly pertaining to forest land and relating to growing or harvesting timber, or the processing of timber on a harvest site for less than thirty days per calendar year, including but not limited to, road and trail construction and maintenance; harvest, final and intermediate; pre-commercial thinning; reforestation; fertilization; prevention and suppression of diseases and insects; salvage of trees; and brush control. Chapter 76.09 RCW, the Washington State Forest Practices Act, and Chapter 222 WAC, regulate forest practices.

7.

"Fuel dispensing facility" means any site dispensing gasoline, diesel, or other petroleum based fuel into motor vehicle fuel tanks from stationary storage tanks.

"G" Definitions:

1.

"Golf course" means any site, publicly or privately owned, on which the game of golf is played, including accessory uses such as golf driving ranges, and buildings thereto.

"H" Definitions:

1.

"Heavy equipment sales, repair, and rental" means the sale, repair, or rental of self-powered, self-propelled, or towed mechanical devices, equipment, and vehicles of the nature customarily used for commercial purposes such as tandem axle trucks, graders, backhoes, tractor trailers, cranes and lifts, but excluding automobiles, recreational vehicles, and boats and their trailers.

2.

"Height" means the vertical distance measured from the highest elevation of the natural grade of the property where the footprint of the building will be located to the highest point of the roof, excluding chimneys and antennas.

3.

"Home occupations" means any commercial use conducted as an accessory use within a dwelling unit or accessory structure and which does not alter the exterior of the property or affect the residential character of the neighborhood.

4.

"Hospital" means any institution, place, building, or agency which qualifies as fitting within the definition of hospital as set forth in RCW 70.41.020[7], as now existing or hereafter amended.

5.

"Hotel or motel" means an establishment offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities.

6.

"Household" means a number of individuals living together in a dwelling unit not exceeding the maximum occupant load permitted by the building code.

7.

"Housing for the elderly" means a building or group of buildings containing dwellings where the occupancy of the dwellings is restricted to persons sixty years of age or older or couples where either spouse is sixty years of age or older. This does not include a development that contains convalescent or nursing facilities.

"I" Definitions:

1.

"Indoor amusement and entertainment facilities" means places, which cater to indoor sports and leisure-time activities.

2.

"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 vehicular circulation, parking, utility needs, building design and orientation, and open space.

3.

Industry, heavy. "Heavy industry" means a use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of or manufacturing processes using, flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous conditions.

4.

Industry, light. "Light industry" means a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, and sales, and distribution of such products, but excluding basic industrial processing.

"J" Definitions:

1.

"Jails and other correctional facilities" means:

a.

A facility which provides for physical restriction of residents as the result of violations or alleged violations of the law;

b.

A facility to which persons are sentenced for a specific period of time by the court.

"K" Definitions:

1.

"Kennel" means a building, enclosure or portion of any premises in or at which dogs, cats, or other domesticated animals are boarded or kept for hire, or in or at which dogs, cats or other domesticated animals are kept or maintained by any person other than the owner thereof.

"L" Definitions:

1.

"Laundry or dry cleaner" means a room or commercial establishment where such cleaning is done or an establishment for dry-cleaning clothing.

2.

"Library" means a place where books, periodicals, films, records, and other materials are housed for access and study, and from which they may be borrowed by the members of the public.

3.

"Life care facility" means a facility for the transitional residency of elderly and/or disabled persons, progressing from independent living in single-family dwelling units to congregate apartment living where residents share common meals and culminating in a full health and continuing care nursing home facility.

4.

"Lot" means a platted parcel of land intended to be separately owned, developed and otherwise used as a unit. The term includes "tract" or "parcel."

5.

"Lot area" means the total horizontal area within the lot lines of a lot.

6.

Lot, corner. "Corner lot" means a platted lot abutting two road rights-of-way at their intersection.

7.

Lot, interior. "Interior lot" means an interior lot is a lot other than a corner lot.

8.

"Lot line" means the boundary line of a lot.

9.

Lot line, front. "Front lot line" means on an interior lot, the lot line abutting a street; or, on a corner lot, the shorter lot line abutting a right-of-way.

10.

"Lot of record" means a lot whose existence, location, and dimensions have been legally recorded or registered in a deed or plat.

11.

"Lot width" means the horizontal distance between side lot lines abutting a street.

"M" Definitions:

1.

"Machine shop" means a factory, section of a factory, or workshop in which machines are made or fixed or a shop in which machine tools are used to shape and cut materials, esp. metals.

2.

"Manufacture and/or manufacturing" means the processing of converting of raw, unfinished materials or products, or either of them, into articles or substances of a different character or for use for a different purpose.

3.

"Manufactured home" means a single-family dwelling unit constructed after June 15, 1976, in accordance with the U.S. Department of Housing and Urban Development (HUD) requirements for manufactured housing, and bearing the appropriate insignia indicating such compliance. It is a structure, transportable in one or more sections, which is designed to be used with or without a permanent foundation when connected to the required utilities.

4.

Manufactured home, designated. "Designated manufactured home" means a manufactured home meeting the specifications set forth in the Revised Code of Washington, currently RCW 35A.63.145, as that definition is now existing or hereafter amended or succeeded.

5.

"Manufactured home, new" means any manufactured home which satisfies all of the criteria set out for such a unit in RCW 35.63.160[2], as now existing or hereafter amended or succeeded.

6.

"Manufactured home park" means a site under single ownership and control that contains spaces with required improvements and utilities that is leased for the long-term placement of manufactured homes and that may include services and facilities for residents.

7.

"Medical clinic" means a building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.

8.

"Mineral extraction" means the removal of naturally occurring materials from the earth for economic use. Extraction materials include nonmetallic minerals such as sand, gravel, clay, coal, and stone.

9.

"Motorcycle" means a motor vehicle designed to travel on not more than three wheels in contact with the ground, on which the driver rides astride the motor unit or power train and is designed to be steered with a handle bar, but excluding a farm tractor, a power wheelchair, an electric personal assistive mobility device, and a moped.

10.

"Motor vehicle" means every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. "Motor vehicle" includes a neighborhood electric vehicle as defined in RCW 46.04.357. An electric personal assistive mobility device is not considered a motor vehicle. A power wheelchair is not considered a motor vehicle.

11.

"Motor vehicle repair" means any premises at which motor vehicle maintenance activities occur. By way of example, these shall include such activities as engine tune-ups, lubrication, minor repairs, carburetor or fuel injector repair or cleaning, engine repair or overhauls, motor vehicle painting, and body fender work.

12.

"Motorized vehicle cleaning" means any structure containing facilities for the washing or cleaning of motorized vehicles.

13.

"Mortuary" means a building that is used for the service of or relating to the burial of the dead.

14.

"Multi-family dwelling" means a dwelling, or portion thereof, used for occupancy by three or more households living independently of each other and containing three or more dwelling units.

"N" Definitions:

1.

"Non-commercial recreation areas/facilities" means areas, facilities, and/or equipment maintained and operated by the city of McCleary or a nonprofit organization for public recreational purposes, including but not limited to parks, swimming pools, tennis courts, playgrounds, golf courses, natural areas, and other similar uses.

2.

"Nonconforming building" means any building that does not meet the minimum requirements for building height or location for its zoning district but which complied with applicable regulations at the time the use was established.

3.

"Nonconforming lot" means a lawfully established lot of record that does not comply with the lot width or area requirements for its zoning district, but which complied with applicable regulations at the time the use was established.

4.

"Nonconforming use" means a lawfully established use that does not comply with the use regulations for its zoning district, but which complied with applicable regulations at the time the use was established.

"O" Definitions:

1.

"Office park" means a large tract of land that has been planned, developed, and operated as an integral facility for a number of separate office buildings and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics, and compatibility.

2.

"Outdoor sales" means an open area used for the display, sale, or rental of goods and/or materials, other than motor vehicles and appliances, that are actively marketed and readily available for general public consumption. This shall include an activity such as is commonly known as a "Farmer's Market." This does not include (a) storage areas of materials that are sold elsewhere on the premises, (b) wrecking yards or junkyards, (c) nor yard or garage sales covered under Chapter 5.20 MMC.

3.

"Outdoor storage" means the keeping of materials, supplies, equipment, machinery, and vehicles which are not currently licensed or capable to operate on public streets or highways, in an open, uncovered yard or non-walled buildings. This definition shall not include wrecking yards or junkyards.

"P" Definitions:

1.

"Parking area" means a tract of land used for the temporary parking of motor vehicles when such use is not accessory to any other use.

2.

Parking, shared. "Shared parking" means the development and use of parking areas on separate properties for joint use by two or more businesses.

3.

"Parking space" means an unobstructed space or area other than a street or alley permanently reserved and maintained for the parking of one motor vehicle. The angle of a parking space is measured from centerline of the parking space and the centerline of the aisle.

4.

"Passenger car" means every motor vehicle except motorcycles and motor-driven cycles, designed for carrying ten passengers or less and used for the transportation of persons.

5.

"Permitted use" means a use by right that is specifically authorized in a particular zoning district.

6.

"Person responsible for the violation" means any person who has an interest in or resides on the property, whether as owner, tenant, occupant, or otherwise.

7.

"Personal services" means establishments that may include beauty parlors, shops or salons; barbershops; health clubs; martial arts studios; electrolysis services; manicurists; and the like.

8.

"Personal wireless services" means any of the technologies as defined by Section 704(a)(7)(c)(I) of the Federal Telecommunications Act of 1996, including, Cellular, PCS, Enhanced Specialized Mobile Radio (ESMR), Specialized Mobile Radio (SMR), and Paging.

9.

"Personal wireless services facilities" means any unstaffed facility for the transmission and/or reception of personal wireless services.

10.

"Places of religious worship" means institutions that people regularly attend to participate in or hold religious services, meetings, and other activities.

11.

"Playing field or other publicly owned recreational facility park and playground" means any public or private open land area available for recreational, educational, cultural, or aesthetic use, of an active or passive nature.

12.

"Police station" means the headquarters of the police of a certain area or precinct; station house.

13.

"Principal building" means a building that serves the principal use of the lot on which it is located.

14.

"Principal use" means the primary or predominant use of any lot.

15.

"Printing or data processing centers" means a shop where photocopying, printing and computer processing services are rendered for hire.

16.

"Private clubs and fraternal organizations" means buildings or facilities owned or operated by a corporation, association, or persons for a social, educational, or recreational purpose; but not primarily for profit or to render a service that is customarily carried on as a business.

17.

"Privately owned schools" means a school founded, conducted, and maintained by a private group rather than by the government and usually charging tuition.

18.

"Professional offices" means establishments engaged in providing services in accounting, advertising, architecture, art, banking, dentistry, engineering, finance and securities investments, interior design, insurance, landscape architecture, law, medicine, music, planning, real estate, and any similar type of business.

19.

"Public agency offices" means an office operated by a public agency for accomplishment of a public use. "Public use" means a use operated exclusively by a public body, such use having the purpose of serving the public health, safety, or general welfare, and including uses such as public schools, parks, playgrounds, and administrative and service facilities.

20.

"Public owned facility" means those public or quasi-public buildings and uses of a public works, public service, public safety, or public utility nature not defined or listed elsewhere in this title. These buildings and uses characteristically may be hard to locate, need close proximity to utility corridors, require a location within a service area or specific site, or need access onto an urban arterial or rural collector. Such buildings and uses include, but are not limited to, public schools, parks, playgrounds, administrative and service facilities, bus shelters, water towers, park and ride lots, interpretive centers, rest stops, road maintenance stockpile sites, or similar public uses.

21.

"Public and private schools" means facilities that provide a curriculum of elementary and secondary academic instruction, including kindergarten, elementary schools, junior high schools, and high schools.

22.

"Public hearing" means a hearing at which evidence is taken and testimony is received under oath.

23.

"Public meeting" means a meeting, workshop or other public gathering of people to obtain comments from the public on a matter upon which the city desires to receive comment or information but shall not include a matter requiring a public hearing. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the project permit application file.

24.

"Public utility" means facilities that serve the general public including streets, roads, sidewalks, street lighting systems, traffic signals, water systems, including by way representation and not by way of limitation, water reservoirs, pump stations and wells, stormwater systems, sewer systems including by way representation and not by way of limitation, sewer lift stations, waste water treatment plants, electrical sub-stations, natural gas delivery systems, and electrical systems including by way representation and not by way of limitation, power lines, sub-stations, and utility vaults.

"Q" Definitions:

"R" Definitions:

1.

"Recreational vehicle" means a vehicle or portable unit that is self-propelled, towed, or carried by a motor vehicle and intended for temporary human occupancy and designed for recreational use. This definition includes vehicles such as travel trailers, truck campers, commercial coaches, fifth wheels, and motor homes but does not include pickup trucks with camper shells, canopies, or other similar coverings. A recreational vehicle is not a manufactured home.

2.

"Recreational vehicle park" means a parcel of land designed and improved to accommodate two or more recreational vehicles on a temporary basis. Spaces are typically rented to tenants for overnight use, with rental of space within a park for placement of a particular recreational vehicle and occupancy thereof by that vehicle not to exceed sixty consecutive days nor to exceed one hundred twenty days within a calendar year.

3.

"Residential treatment facility" means any facility to which the definition contained within WAC 246-337-005, as now existing or hereafter amended or succeeded, is applicable and is required by state law to have a license issued by the state to operate as such a facility.

4.

"Restaurants" means an establishment that serves food and beverages primarily to people seated within a building.

5.

"Retail sales" means establishments primarily engaged in selling finished products to individual consumers, such as apparel, book, grocery, gift, and video rental stores.

6.

"Retail sales of products grown on the premises/wayside stand or roadside stand" means any structure or land used for the sale of agricultural or horticultural produce or merchandise.

7.

"Retail/wholesale outlet appurtenant/incidental to permitted use" means onsite retail/wholesale sales incidental to the permitted use.

8.

"Right-of-way" means an area or strip of land, either public or private, on which an irrevocable right-of-passage has been recorded for the use of vehicles, pedestrians, railroad, or utilities.

"S" Definitions:

1.

"Secure community transition facility" means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under Chapter 71.09 RCW. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under this chapter and operated by the Department of Social and Health Services or under contract with the department.

2.

"Self-service storage facilities" means a building or group of buildings that have small, fully enclosed, self-contained units that lease or rent storage spaces for business and household goods. Outside storage of goods, materials, vehicles, or property of any type or kind is not permitted.

3.

"Sign" means any structure or device designed or intended to convey information to the public in written or pictorial form.

4.

"Sign area" means the entire area within a continuous perimeter, enclosing the extreme limits of sign display, including any frame or border. Curved, spherical, or any other shaped sign face shall be computed on the basis of actual surface area. The copy of signs composed of individual letters, numerals, or other devices shall be the sum of the area of the smallest rectangle or other geometric figure encompassing each of the letter or devices. The calculation for a double-faced sign shall be the area of one face only. A double-faced sign is a sign that has the perimeter of both faces coincide and are parallel and not more than twenty-four inches apart.

5.

Sign, commercial. "Commercial sign" means a sign that directs attention to a business or profession, to a commodity or service sold, offered, or manufactured, or to an entertainment offered on the premises where the sign is located.

6.

Sign, freestanding. "Freestanding sign" means a sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structure.

7.

Sign, off-premise. "Off-premise sign" means a sign that identifies or communicates a commercial or non-commercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located.

8.

Sign, portable. "Portable sign" means a sign, commonly known as a "sandwich sign," that is not permanently affixed to a building, other unmovable structure, or the ground.

9.

Sign, projecting. "Projecting sign" means any sign other than a wall sign that is attached to and projects from the wall or face of a building or structure.

10.

Sign, roof. "Roof sign" means any sign erected upon, against, or directly above a roof eave, or on top of or above the parapet, or on a functional architectural feature above the roof or roof eave.

11.

Sign, temporary. "Temporary sign" means a display, informational sign, banner, or other advertising device intended for a limited period of display.

12.

Sign, wall. "Wall sign" means any sign painted on the outside of or attached to a building.

13.

Sign, window. "Window sign" means a sign painted, stenciled, or affixed to a window that is visible from the right-of-way.

14.

Single-family dwelling, attached. "Attached single-family dwelling" means a building containing 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. Examples of attached single-family dwelling units include townhouses, condominiums, and duplexes.

15.

Single-family dwelling, detached. "Detached single-family dwelling" means a residential building containing not more than one dwelling unit entirely surrounded by open space on the same lot. Only one detached single-family residence may locate on a lot.

16.

"Slope" means the horizontal distance divided into the average vertical rise over that distance.

17.

"Stable" means any commercial or semi-public establishment where animals such as horses, llamas, donkeys, mules, and alpacas are housed or kept for riding or driving. It may include structures and/or open roaming areas.

18.

"Street" means a public or private thoroughfare used, or intended to be used, for passage or travel by vehicles.

19.

Street, private. "Private street" means a privately owned thoroughfare open to vehicular ingress and egress established as a separate tract for the benefit of certain adjacent properties. This definition shall not apply to driveways.

20.

"Structure" means anything constructed or erected that requires permanent location on or in the ground or attachment to something having location on or in the ground. A building is always a structure; a structure may or may not be a building. For the purposes of this code, the term "structure" shall not be construed to include any roadway, driveway, at-grade paved parking lot, patio, or courtyard, or any other paved surface, or swimming pool.

"T" Definitions:

1.

"Tavern" means an establishment having a license issued by the Washington State Liquor Control Board and operated primarily for the sale of wine, beer, or other alcoholic beverages with any service of food incidental thereto.

2.

"Theater" means a building or part of a building, devoted to showing motion pictures, or for dramatic, musical, or live performances.

3.

"Truck and heavy equipment repair" means any premise for conducting truck and heavy equipment maintenance and repair activities.

4.

"Truck and heavy equipment terminal" means any structure or land devoted principally to the servicing, fueling, repair, storage, sales, and/or leasing of more than four large trucks or similar heavy equipment such as tractor-trailers or tandem or tri-axle dump trucks or grading equipment; or any structure or land devoted principally to any activity involving a substantial and routine traffic consisting of trucks, such as a gasoline or fuel oil distributor, a freight or shipping business, a moving business, or similar activities, but not including other principal uses specified in a zoning district where a truck terminal is permitted.

"U" Definitions:

1.

"Use" means the purpose that land or structures now serve or for which they are occupied, maintained, arranged, designed or intended.

2.

"Utility" means any entity, whether public and private, which is in the business of operating and/or provides to customers within the corporate limits stormwater, solid waste pick up and disposal, sewerage, water service, telephone service, selling or furnishing natural or manufactured gas for domestic or industrial consumption, cable vision, or light and power.

"V" Definitions:

1.

"Vehicle" means and includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include power wheelchairs or devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks.

2.

"Veterinary facility/ animal clinic/ hospital" means a structure used for veterinary care of sick or injured animals.

a.

A facility for the provision of surgical or other medical treatment to animals. Such animals may be kept in the facility during the recovery period or while under medical treatment only.

b.

The boarding of animals is limited to short-term care, and is accessory to the principal use. This definition does not include kennels.

"W" Definitions:

1.

"Warehousing and distribution" means a use engaged in storage, wholesaling, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive.

2.

Warehouse, storage. "Storage warehouse" means a structure or part of a structure for storing goods, wares, boats, recreational vehicles or other merchandise, whether for the owner or others for hire. This does not include a self-service storage facility.

3.

"Wastewater treatment plant" means a facility where the treatment of wastewater is licensed and regulated by the Washington State Department of Ecology.

4.

"Wholesale sales" means the sale of goods or commodities usually in bulk or large quantities and usually at a lower cost to a retailer for resale. Such sales activity takes place in establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

5.

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

"X" Definitions:

"Y" Definitions:

1.

"Yard" means any open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for accessory buildings, or such projections as are expressly permitted under Title 17. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the nearest point of the foundation wall of the main building.

2.

Yard, front. "Front yard" means a yard extending the full length of a front lot line and to the minimum depth required by the applicable zoning district. Front-yard depth shall be measured at right angles to the front lot line.

3.

Yard, rear. "Rear yard" means a yard extending across the full length of a rear lot line and to the minimum depth required by the applicable zoning district. Rear-yard depth shall be measured at right angles to the rear lot line.

4.

Yard, side. "Side yard" means a yard extending from a side lot line between the front and rear yards and to a minimum depth required by the applicable zoning district. Side-yard depth shall be measured at right angles to a side lot line.

"Z" Definitions:

(Ord. 709 § 1 (part), 2004; Ord. No. 795, § II, 4-10-2013; Ord. No. 830, § I, 4-12-2017; Ord. No. 842, § IV, 5-23-2018)