Orting City Zoning Code
CHAPTER 2
DEFINITIONS
13-2-1: GENERAL PROVISIONS:
As used in this title, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this chapter shall have the indicated meanings. (Ord. 792, 7-29-2004)
13-2-2: A:
ACCESSORY DWELLING UNIT (ADU): A separate, subordinate, self contained dwelling unit attached to or contained within a single-family dwelling; or contained within a separate structure that is generally subordinate in size to the primary dwelling unit on the premises.
ACCESSORY STRUCTURE: A building or other structure that is subordinate to the principal building and is incidental to the use of the principal building on the same lot (such as sheds or barns associated with a single- family residence). Accessory dwelling units are not included in this definition.
ACCESSORY USE: A use that is clearly incidental and subordinate to the principal use on the same lot.
ADMINISTRATOR: The city administrator, chief supervisory staff person or his/her designee. Uses of the term "City Administrator" shall mean the same as "Administrator".
ADULT BUSINESS: Any business which sells, rents, displays, or provides adult stock in trade depicting, describing or relating to specified sexual activities or specified anatomical areas, or engages in or permits specified sexual activities on the premises, and which excludes any person by virtue of age from all or part of the premises. Adult businesses include, but are not limited to:
A. Adult bathhouse.
B. Adult bookstore in which ten percent (10%) or more of the stock in trade is adult stock in trade.
C. Adult cabaret which presents go-go dancers, strippers, male or female impersonators or similar entertainment.
D. Adult massage parlor in which massage or touching of the human body is provided for a fee. This does not include a licensed spa or health club/medical clinic.
E. Adult retail store in which ten percent (10%) or more of the stock in trade is adult stock in trade.
F. Adult sauna parlor.
G. Adult theater, including a building, portion of a building, enclosure or drive-in theater which displays adult stock in trade.
H. Adult video store in which ten percent (10%) or more of the stock in trade is adult stock in trade.
ADULT FAMILY HOME: A residence licensed by the state of Washington where personal care, room and board are provided for more than one but not more than six (6) adults who are not related by blood or a marriage to the person or persons providing the services.
ADULT STOCK IN TRADE: All books, pictures or other printed materials, products or equipment, prerecorded videotapes, disks, or similar material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas where such material is generally available for rental, purchase, viewing, or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons.
AGRICULTURAL RESEARCH, TESTING, AND TRAINING: The study of the actions associated with the cultivation of crops and/or livestock.
ALLEY: A public thoroughfare for motor vehicles, providing secondary access to abutting property.
ALTERATION: A change or rearrangement of the structural parts of existing facilities or an enlargement by extending the side or increasing the height or depth or moving from one location to another. In buildings for businesses, commercial, industrial or similar uses, the installation or rearrangement of partitions affecting more than one-third (1/3) of a single floor area shall be considered an alteration.
ANIMAL SHELTER: Any facility operated by the city of Orting or its authorized agents, for the purpose of impounding or caring for animals held under the authority of this article or of state law.
ANTENNA: A wire or system of wires, rods, poles, or similar devices; or satellite dishes used for the transmission or reception of electromagnetic waves, external to or attached to the exterior of any building.
APARTMENT: Any portion of a multi-family or mixed use building that is designed, built, rented, leased or offered to be occupied as an independent living unit with self-contained cooking facilities.
APPLICANT: A person, party, firm, corporation, or other legal entity seeking development approval from the city by submitting an application for any of the activities covered by these regulations.
AQUACULTURE: Raising aquatic plants and animals in controlled or selected aquatic environments for the sale of aquatic plants, animals, or their products.
ARCHITECTURAL DESIGN REVIEW: Review and approval conducted in accordance with section 13-6-7
of this title.
ART GALLERY: A space with public access and which is located within a building for the interior exhibition or display of artworks which may or may not be offered for sale to the public.
ASSEMBLY/FABRICATION: See “Manufacturing, Light.”
ATTACHED RESIDENCES: Two or more physically attached dwelling units (sharing a wall), where each unit has separate access to a yard, court, or street. (Ord. 792, 7-29-2004; amd. Ord. 886, 9-8-2010; Ord. 2021-1073, 3-10-2021; Ord. 2024-1136, 12-11-2024)
13-2-3: B:
BANKS: See “professional offices.” “Savings associations” and “loan associations” shall be considered “banks” as the term applies in Title 13.
BED AND BREAKFAST: A single-family residence that provides overnight lodging and limited meal service for guests and which is limited to five (5) guestrooms.
BLOCK: A group of continuous lots, tracts or parcels within well defined and fixed boundaries.
BOARDING HOUSE: A rooming house with no more than five (5) guestrooms operated for compensation in which meals (with or without lodging) are provided.
BREWERY: See definition of Winery/Brewery.
BUFFER: A linear landscaped area with sufficient planting density to provide effective sight obscuring between land uses.
BUILDING: A structure having a roof for the shelter of persons.
BUILDING COVERAGE: The total ground coverage of all buildings, structures, roof overhangs, and eaves measured from the outside edges, external walls, supporting members or roof edges.
BUILDING AREA, BUILDING SITE: An area within a lot upon which a building to accommodate the principal use of the lot could be practicably built, bound by the setbacks.
BUILDING, PRINCIPAL OR MAIN: The building which accommodates the principal use of a site or lot.
BUSINESS OFFICES: See “professional offices.” (Ord. 792, 7-29-2004; amd. Ord. 2020-1063, 8-12-2020; Ord. 2024-1136, 12-11-2024)
13-2-4: C:
CAMPGROUND: A developed area consisting of more than one campsite used for the purposes of recreational camping.
CANOPY: A portion of a building which extends beyond the building line and fully or partially covers a sidewalk, entry, or other access.
CARETAKER RESIDENCE: An attached or detached dwelling unit of permanent type construction used exclusively for a caretaker to live on the same site as the use.
CARGO CONTAINER: A standardized, reusable vessel that was:
A. Originally, specifically or formerly designed for or used in the packing, shipping, movement, storage or transportation of freight, articles, goods, commodities, or personal property, and
B. Designed for or capable of being mounted or moved on a railcar, or
C. Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship.
CHURCH: An establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship. This term, as used in this Title, is interchangeable with mosque, temple or other religious facilities/places of worship.
CITY: The city of Orting, Washington.
CITY COUNCIL: The city council of Orting.
CLOSED RECORD APPEAL: An appeal to the city council based on the existing record.
CLUBS AND LODGES: Non-commercial groups and organizations, which may be centered around an activity, a hobby, or philanthropy.
COLLEGE OR UNIVERSITY: A post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields (such as trade schools).
COMMERCIAL: Any activity carried on for financial gain, including cooperative or nonprofit businesses offering merchandise or services for a fee or price, or any organization serving a public purpose of community service such as churches, noncommercial clubs, lodges, theater groups, recreational and neighborhood associations and cultural associations.
COMMUNICATION SERVICES: Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding major utilities. This classification includes radio, television, or recording studios; telephone switching centers; and telegraph offices. This classification does not include wireless communication facilities.
COMMUNITY CENTER: Public buildings, meeting halls, and/or recreational spaces where members of a community can gather for events, recreational opportunities, support services, or public information. These uses may be publicly or privately operated.
COMPREHENSIVE PLAN: The Orting comprehensive plan adopted in 1996, as amended.
CONDITIONAL USE: A use allowed in one or more zones as defined by this zoning title, but which has peculiar characteristics such as the size, technological processes or equipment, location with reference to surroundings, streets, and existing improvements or demands upon public facilities and therefore, requires a special permit in order to assure proper control to make the use consistent and compatible with other existing or permissible uses in the same zone and mitigate adverse impacts of the use. Typical conditional uses are listed in this title. Others may be established by the city upon application.
CONDOMINIUM: A type of real property ownership in projects composed of two (2) or more dwelling units, offices, or other establishments that are individually owned and within which common building areas or land areas of the project are owned cooperatively in fixed percentages by the owners of the individual dwelling units or establishments. This type of development requires the preparation of a plat under the provisions of the state horizontal property regime act 1 and the formation of a legal homeowners’ association to guide the financial and maintenance arrangements for the units within the development.
CONGREGATE CARE FACILITY/ RETIREMENT CENTER: A residential facility designed for and occupied by at least one person per unit who is able to live independently and without twenty-four (24) hour supervision; and providing centralized services for the residents including meals, recreation, housekeeping, laundry and transportation.
CONSTRUCTION BUSINESS: A commercial establishment offering the construction, repair, and/or remodel of structures, performed by a licensed contractor. These businesses may include office space, and indoor or outdoor storage of construction vehicles, equipment, and materials.
COPY: The written or graphic content of a sign.
CORRECTIONAL FACILITIES: Jails, prisons, and other detention facilities, used to house people who have been charged with or convicted of a crime.
COTTAGE: A small, detached dwelling unit, not larger than one thousand (1,000) square feet in total floor area that is developed at a density greater than the underlying zone. More than one cottage may occupy a single lot.
COTTAGE HOUSING DEVELOPMENT: A single-family housing cluster of dwelling units around a central open space with the following characteristics:
A. Each unit is of a size and function suitable for a single person or very small family;
B. Each unit has the construction characteristics of a single-family house;
C. Units may be located on platted lots or as units in a condominium and may share use of common facilities such as a party room, toolshed, garden orchard, workshop or parking areas;
D. The site is designed with a coherent concept in mind, including shared functional open space, off street parking, access within the site and from the site, and consistent landscaping.
CRITICAL AREAS: Areas of environmental sensitivity, which include the following areas and ecosystems: 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”, as defined in title 11 of this code.
CUL-DE-SAC: A short street intersecting with another street at one end and terminated by a vehicular turnaround at the other end. (Ord. 873, 2-25-2009; amd. Ord. 889, 9-8-2010; Ord. 2020-1063, 8-12-2020; Ord. 2024-1136, 12-11-2024)
13-2-5: D:
DATE OF DECISION: The date on which final action occurs and from which the appeal period is calculated.
DAYCARE CENTER: An establishment licensed by the state, used to provide adult or child care services during part of the twenty- four (24) hour day in a facility. See also definition of Family Daycare in this chapter.
DEDICATION: The deliberate appropriation of land or rights in land by its owner for any general and public use, reserving to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public use to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and the acceptance by the public shall be evidenced by the approval of such plat for filing by the city.
DENSITY: The number of permitted dwelling units allowed on each acre of land or fraction thereof.
DESIGN STANDARDS: Dimensional and other quantitative standards, including, but not limited to, lot sizes and dimensions, setbacks, building placement and other standards used by the city to control physical development.
DETACHED: A type of building or dwelling unit surrounded on all sides by open space and not connected to other buildings or structures except for permitted accessory structures.
DEVELOPER: See definition of Applicant in this chapter.
DEVELOPMENT CODE: Orting municipal code, this title and titles 12 and 15 of this code.
DEVELOPMENT STANDARDS: Shall mean and refer to those standards for development of real property as set forth in the development code.
DRIVE-IN/DRIVE-THRU RESTAURANT: A food and beverage establishment that contains an outside service window and/or provision for food service to occupants of automobiles parked on the premises.
DRIVING SURFACE: That portion of a street intended for vehicular travel or parking.
DUPLEX: A building with two (2) attached dwelling units with a common separation wall or floor.
DWELLING UNIT: A building or portion thereof providing complete housekeeping facilities for a person, one family, or group of individuals. Dwelling unit does not include recreation vehicles or mobile homes. (See also definitions of Multi-Family Dwelling and Family in this chapter.) (Ord. 792, 7-29-2004; amd. Ord. 889, 9-8-2010; Ord. 2021-1073, 3-10-2021; Ord. 2021-1086, 10-27-2021; Ord. 2024-1136, 12-11-2024)
13-2-6: E:
EASEMENT, ACCESS: A private right of way no less than twenty feet (20') wide which provides vehicular access to a street from no more than three (3) existing or potential lots.
EATING AND DRINKING PLACES: Any establishment that offers food and drink, including alcoholic beverages, for sale and consumption on the premises.
EMERGENCY HOUSING: Temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement.
EMERGENCY SERVICES: Facilities for agencies or organizations that respond to emergencies when they occur, such as ambulance, medical, and firefighting agencies.
EMERGENCY SHELTER: a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations.
EQUIPMENT RENTAL: A business which offers any specialized equipment for consumer rental.
ERECT: To build, construct, alter, repair, display, relocate, attach, hang, place, suspend, affix or maintain buildings, signs, lighting, or other architectural features.
EXTRACTION AND PROCESSING: The removal of natural resource materials from the earth, and/or the conversion of those raw materials into a commercially or industrially usable product. (Ord. 792, 7-29-2004; Ord. 2021-1083, 9-29-2021; Ord. 2022-1093, 3-30-2022; Ord. 2022-1095, 8-10-2022; Ord. 2024-1136, 12-11-2024)
13-2-7: F:
FACADE: The entire building front or street wall face of a building.
FAMILY: Persons, either related or unrelated, occupying a dwelling unit and living together as a single housekeeping unit.
FAMILY DAYCARE: A facility licensed by the state of Washington located in a dwelling and operated by the owner of the residence for regularly scheduled care of twelve (12) or fewer adults or children, for periods less than twenty-four (24) hours.
FINAL DECISION: The final action by the administrator, planning commission, hearing examiner or city council.
FLOOR AREA RATIO: The ratio of building floor area to the area of the lot upon which the building is located.
FOOD: Has its usual and ordinary meaning and includes all items designed for human consumption, including, but not limited to, candy, coffee, gum, popcorn, hot dogs, sandwiches, peanuts, soft drinks and dairy products.
FOOD PROCESSING: The commercial or industrial processing of raw agricultural materials or ingredients into food for sale or consumption, not including standard on-site kitchens for food vendors or eating and drinking places.
FOOD VENDING OR FOOD VENDING SERVICES: Engaging in the business of selling food of any kind or description.
FOSTER HOME: A home licensed and regulated by the state and classified by the state as a foster home, providing care and guidance for not more than three (3) unrelated juveniles.
FREIGHT FACILITIES WAREHOUSING: A facility for the storage and distribution of products, supplies, and equipment. This use excludes outdoor storage and self-service storage.
FRONTAGE: The side of a lot or parcel along a street. (Ord. 943, 5-14-2014; Ord. 2021-1086, 10-27-2021; Ord. 2024-1136, 12-11-2024)
13-2-8: G:
GARAGE, PARKING OR COMMERCIAL: A building used for storage, repair or servicing of motor vehicles as a commercial use.
GARAGE, PRIVATE: An accessory building or space within the principal building used for storage of vehicles.
GASOLINE SERVICE STATION: An establishment that sells motor vehicle fuels, lubricants, and auto accessories, and may include vehicle washing and servicing, not including painting, bodywork or major engine repair.
GOLF FACILITIES: A commercial or recreational establishment or facility offering space to play or practice golf.
GOVERNMENT OFFICES: Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles.
GRADE: The surface of the ground.
GREENBELT: An area of vegetation, either native stock or replanted, in public or private ownership lying outside and adjacent to the right of way line of streets or along real property lines. Greenbelts are intended to visually and physically screen and separate land uses or activities from each other.
GROUND COVER: Small plants that grow close to the ground.
GROSS FLOOR AREA: The sum of the gross horizontal area of the floor or floors of all the buildings on a building site, measured from the exterior faces of the exterior walls covering all areas having a ceiling height of seven feet (7') or more; but excluding elevator shafts and stairwells, all parking and loading spaces inside the building, unroofed areas, roofed areas open on two (2) or more sides, areas having a ceiling height of less than seven feet (7'), areas used exclusively to house fixed mechanical or electrical equipment, and basements used exclusively for storage or housing of fixed mechanical equipment or central heating or cooling equipment. (Ord. 792, 7-29-2004; Ord. 2024-1136, 12-11-2024)
13-2-9: H:
HAZARDOUS MATERIALS: Any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as described in Revised Code of Washington 70A.300.010(10), or its successor.
HAZARDOUS WASTE: All dangerous and extremely hazardous waste as defined in Revised Code Of Washington 70A.300.010(11), or its successor, except for moderate risk waste as set forth in Revised Code Of Washington 70A.300.010(13), or its successor.
HAZARDOUS WASTE STORAGE: The holding of hazardous waste for a temporary period as regulated by the state dangerous waste regulations, Washington administrative code chapter 173-303, or its successor.
HAZARDOUS WASTE TREATMENT: The physical, chemical, or biological processing of hazardous waste for the purpose of rending these wastes nondangerous or less dangerous, safer for transport, amenable for storage, or reduced in volume, as regulated by the state dangerous waste regulations, Washington administrative code chapter 173-303, or its successor.
HAZARDOUS WASTE TREATMENT AND STORAGE FACILITY ON SITE: Storage and treatment facilities which treat and store hazardous wastes generated on the same property.
HEALTH SERVICES: A business or organization providing professional healthcare to clients. Hospitals are defined separately and not included in this definition.
HEARING EXAMINER: The official appointed by the mayor to adjudicate land use decisions as set forth in this code.
HEDGE: A fence or boundary formed by a dense row of shrubs or low trees.
HEIGHT, BUILDING: The vertical distance from the average of the lowest and highest point exposed by the finished ground level to the highest point of the building, excluding chimneys.
HOME OCCUPATION: An economic enterprise to make a product or perform a service that is conducted or operated within a residential dwelling unit, or building accessory to a residential dwelling unit, by the resident occupant or owner, and which use shall be clearly incidental and secondary to the residential use of the dwelling unit, including the use of the dwelling unit as a business address in a directory or as a business mailing address.
HOSPITAL: A public or private institution providing medical treatment, surgical intervention, and nursing care to sick or injured people.
HOTEL or MOTEL: A facility with six (6) or more guestrooms that offers transient lodging accommodations on a daily or weekly rate to the general public, which complies with WAC 246-360, and which may provide additional services, such as restaurants, meeting rooms, and recreation facilities. Accommodations for recreational vehicles are not included. (Ord. 792, 7-29-2004; amd. Ord. 2020-1063, 8-12-2020; Ord. 2024-1136, 12-11-2024)
13-2-10: I:
IMPERVIOUS SURFACE: See Section 9-5A-4 for impervious surface definition.
IRREGULAR LOT: A lot which is shaped so that application of setback requirements is difficult. Examples include a lot with a shape which is not close to rectangular, or a lot with no readily identifiable rear lot line.
ITINERANT VENDOR: Any person, whether as owner, agent, consignee, or employee, whether a resident of the city or not, who engages in the business of providing vending services and who conducts such a business either in or about a stationary vendor unit, or from a mobile vendor unit by traveling from place to place, or customer to customer. A person, firm or corporation so engaged shall not be relieved from complying with the provisions of title 3, chapter 2 of this code merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such temporary business in connection with, as part of, or in the name of any local dealer, trader, merchant or auctioneer. (Ord. 943, 5-14-2014; amd. Ord. 2020-1063, 8-12-2020)
13-2-11: J:
JUSTICE FACILITIES: Any site, structure, or facility used in the provision of law enforcement and criminal justice. (Ord. 792, 7-29-2004; amd. Ord. 2024-1136, 12-11-2024)
13-2-12: K:
KENNEL: A structure or lot on which four (4) or more domestic animals at least four (4) months of age are kept.
K-12 SCHOOLS: Public or private institutions providing education to school-age children from kindergarten through twelfth grade. (Ord. 792, 7-29-2004; amd. Ord. 2024-1136, 12-11-2024)
13-2-13: L:
LANDFILL: A disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land treatment facility, or as defined and regulated in Title 5 Public Health and Safety.
LANDSCAPE: Site or development area characterized by plantings, screens, buffers, and other features intended to provide aesthetic or functional relief.
LIBRARY: An establishment, or part of an establishment, which offers books, periodicals, other printed materials, and/or films and music for borrowing. Libraries may also offer public computer access, information, and events.
LIGHTING: The illumination of structures and/or buildings and signs.
LIQUOR STORE: An establishment specializing in selling alcoholic beverages, not for consumption on the premises.
LIVESTOCK AND SMALL ANIMALS: Cattle, sheep, goats, or animals of the Bovidae family; all horses, mules, other hoof animals, or animals of the Equidae family; all pigs, swine, or animals of the Suidae family; llamas; and ostriches, rhea, and emu.
LOADING SPACE/LOADING FACILITY: An off-street space on the same lot with a structure or use, or contiguous to a group of structures or uses, for the temporary parking of a vehicle while loading or unloading persons, merchandise, or materials, and which abuts a street, alley or other appropriate means of access and egress.
LOT: A fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include parcels.
LOT AREA: The total horizontal area within the boundary lines of a lot, excluding any street right of way or access easement.
LOT, CORNER: A lot situated at the junction of and bordered by two (2) intersecting city streets. Alleys and driveways are not considered public streets for the purposes of determining corner lots.
LOT DEPTH: The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot line(s).
LOT, FLAG OR PIPESTEM: A large lot not meeting minimum street frontage requirements where access to the street is provided by a narrow, private driveway.
LOT LINE OR PROPERTY LINE: Any boundary line enclosing the lot area.
LOT LINE, FRONT: The line separating any lot or parcel of land from a street right of way. On a through lot, the line abutting the street providing primary access to the lot. In the case of a corner lot, the front line shall be considered to be along both street lot lines.
LOT LINE, REAR: The lot line opposite and most distant from the front lot line, and in the case of a triangular, irregular or other odd shaped lot, the line bordering the lot, generally parallel to, and at the maximum distance from the front lot line.
LOT LINE, SIDE: Any lot line that is not a front or rear lot line.
LOT OF RECORD: An area or parcel of land as shown on an officially recorded plat or subdivision, or an area or parcel of land to which a deed or contract is officially recorded as a unit of property, or which is described by metes and bounds or as a fraction of a section.
LOT SIZE AVERAGING: Lot size averaging is an approach to dividing land that allows a parcel to be divided such that some of the resulting lots are smaller than the minimum lot size required in the applicable zone, in order to preserve critical areas or other topographical adversities and provide greater flexibility, provided that the average lot size in the development as a whole meets the minimum lot size.
LOT, THROUGH: A lot fronting on two (2) streets that is not a corner lot.
LOT WIDTH: The distance between the side lot lines measured at right angles to the line establishing the lot depth at a point midway between the front lot line and the rear lot line. Any area used as an access easement shall be excluded from the computation of the lot width. (Ord. 792, 7-29-2004; amd. Ord. 2021-1073, 3-10-2021; Ord. 2024-1136, 12-11-2024)
13-2-14: M:
MANUFACTURING, LIGHT: Manufacturing activities that are typically smaller in scale and do not require heavy, specialized, industrial equipment. Typical activities may include, but are not limited to, materials testing, printing, and small-scale assembly. Light manufacturing excludes machine shops, incinerators, wrecking yards, feedlots and other uses where significant adverse noise, air quality, or other impacts caused by manufacturing processes can not be contained within buildings.
MANUFACTURED HOME: A dwelling unit manufactured off site in a factory, transported to the site and placed on a permanent foundation and bearing an insignia by a state or federal regulatory agency indicating that the building complies with all applicable construction standards of the U.S. department of housing and urban development’s definition of a manufactured home.
MANUFACTURED HOME PARK: A residential development in which the land is owned, operated, and maintained as a commercial business and the individual manufactured homes or recreational vehicles (RVs) are either leased or are located on leased sites.
MILL: A structure and/or piece of machinery used in materials processing to break down raw materials into finer or smaller pieces, usually by grinding or cutting.
MOBILE HOME: A vehicle bearing the “mobile home” insignia of the Washington state department of labor and industries.
MOBILE VENDOR: An itinerant vendor providing vending services from a mobile vending unit.
MOBILE VENDOR UNIT: A vehicle, cart or other conveyance capable of moving or being moved and being used, or intended for use, by a person or persons to provide vending services while located within or upon the public rights of way.
MODULAR HOMES: A detached dwelling that is designed for human habitation, is either entirely or substantially prefabricated at a place other than a building site, and is constructed or installed on the site in accordance with the UBC and bearing the appropriate insignia indicating such compliance. Modular homes are also commonly referred to as “prefabricated,” “panelized,” or “factory-built” units.
MONUMENT: A permanent freestanding structure designed to commemorate a person or event.
MOTEL: See definition of Hotel or Motel in this chapter.
MULTI-FAMILY DWELLING: A building containing two (2) or more dwelling units.
MUSEUM: Facilities open to the public where works of art, scientific specimens, or other objects of permanent value are kept and displayed. (Ord. 943, 5-14-2014; amd. Ord. 2019-1053, 11-25-2019; Ord. 2024-1136, 12-11-2024)
13-2-15: N:
NONCONFORMING LOT: A lawfully established lot which does not conform to the provisions of the development code.
NONCONFORMING STRUCTURE: A lawfully erected structure which does not conform to the provisions of the development code.
NONCONFORMING USE: A lawfully established use which does not conform to the provisions of the development code.
NONPROFIT ORGANIZATION: An organization incorporated under provisions of the federal tax code 501(c)(3).
NURSING OR CONVALESCENT HOME: An establishment which provides full time care for three (3) or more chronically ill or infirm persons. Such care shall not include surgical, obstetrical or acute illness services. (Ord. 792, 7-29-2004)
13-2-16: O:
OFFICE: A building or separately defined space within a building used for business. The use of an office does not include on premises sales or manufacture of goods.
OPEN RECORD HEARING: A hearing, conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government's record through testimony and submission of evidence and information, under procedures prescribed by the local government by ordinance or resolution. An open record hearing may be held prior to a local government's decision on a project permit to be known as an "open record predecision hearing." An open record hearing may be held on an appeal, to be known as an "open record appeal hearing," if no open record predecision hearing has been held on the project permit.
OPEN SPACE: Any part of a lot unobstructed by structures from the ground upward.
OUTDOOR STORAGE: All or part of a lot or business which is used for the keeping of materials, vehicles, or products in an open, uncovered yard or in an unwalled building. Such materials may include tractors, backhoes, heavy equipment, construction materials, bulk products, and other similar items.
OUTDOOR THEATER: An outdoor stage, amphitheater, or similar gathering space, where the public may view live musical or dramatic performances, film screenings, and other forms of entertainment. (Ord. 792, 7-29-2004; amd. Ord. 2024-1136, 12-11-2024)
13-2-17: P:
PARAPET: A false front or wall extension projecting above a roof.
PARCEL: A fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include lots.
PARKING FACILITIES: A land area or building used for the storage of four (4) or more vehicles excluding parking areas for single-family residences.
PARKING SPACE: An area accessible to vehicles and used exclusively or principally for vehicle storage.
PARKS: Recreational areas which primarily are owned or operated by public or nonprofit entities for the use and enjoyment of the general public. In some cases, such areas and facilities may be incidental to private development, such as open space set-asides necessary for environmental mitigation and children’s play areas within a subdivision; are intended to be principally used by a finite group; and may constitute private property. This can also include plaza and courts, typically a pedestrian space that is available for public use and is clearly visible and accessible from the adjacent right-of-way. Typical features may include special paving, landscaping, lighting, seating areas, water features, and art.
PARTY OF RECORD: Any person who has testified at a hearing or has submitted a written statement related to a development action and who provides the city with a complete address.
PERMANENT SUPPORTIVE HOUSING: One or more subsidized, leased dwelling units with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident’s health status, and connect the resident of the housing with community-based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in the Residential Landlord Tenant Act, chapter 59.18 RCW.
PERSON: Any person, firm, business, corporation, partnership or other association or organization, marital community, municipal corporation, or governmental agency.
PERSONAL SERVICE: Businesses engaged in providing services to meet individual's needs, not including healthcare. These services include, but are not limited to, barber shops, travel agencies, instructional facilities such as dance studios, coin-operated laundries, and fitness studios.
PERVIOUS SURFACE: Any surface that enables full or partial absorption of stormwater into the ground and that is not considered impervious surface as that term is defined in title 9, chapter 5, article A of this code.
PETROLEUM PRODUCTS: Crude oil, petroleum products and byproducts, and gaseous hydrocarbons and byproducts.
PLANNED ACTION: A significant development proposal as defined in Revised Code Of Washington 43.21C.031, as amended.
PLANNED UNIT DEVELOPMENT: A flexible method of land development which accomplishes the purposes of chapter 6 of this title.
PRIMARY OR PRINCIPAL USE: The predominant use of the land or building to which all other uses are secondary.
PRIVATE DRIVEWAY: A paved or graveled surface that provides access to a lot from a public or private right-of-way and is dimensionally consistent with current adopted Orting Development Standards.
PRIVATE PARKING: Parking facilities for the noncommercial use of the occupant and guests of the occupant.
PROFESSIONAL OFFICES: “Professional offices” or “business offices” means specialized services or skills provided in an office setting, such as lawyers, architects, engineers, consultants, real estate offices, accountants, banks, and financial advisors.
PROJECT: A proposal for development.
PROPERTY LINE: See definition of Lot Line.
PUBLIC FACILITIES AND UTILITIES: Land or structures owned by or operated for the benefit of the public use and necessity, including, but not limited to, public facilities defined in Revised Code Of Washington 36.70A.030, as amended, and private utilities serving the public.
PUBLIC HEARING: An open or closed record hearing at which evidence is presented and testimony is taken.
PUBLIC IMPROVEMENT: Any structure, utility, roadway or sidewalk for use by the public, required as a condition of development approval.
PUBLIC OPEN SPACE: Any publicly owned land, including, but not limited to, parks, playgrounds, waterways, and trails.
PUBLIC SAFETY FACILITIES: Any site, structure, or facility used in the provision of public safety services, especially police and fire.
PUBLIC WORKS STANDARDS: Shall mean and refer to those specifications and standard design details, as adopted and amended from time to time by the City Department of Public Works, that are intended to regulate the construction of public works, or improvements that will be dedicated to the public, that are associated with public and private development within the City. The Public Works Standards shall mean the same as the Orting Development Standards. (Ord. 792, 7-29-2004; amd. Ord. 889, 9-8-2010; Ord. 2021-1083, 9-29-2021; Ord. 2022-1093, 3-30-2022; Ord. 2022-1095, 8-10-2022; Ord. 2024-1136, 12-11-2024)
13-2-18: Q:
Reserved. (Ord. 792, 7-29-2004)
13-2-19: R:
RECREATIONAL FACILITIES: Facilities for recreational use such as swimming pools, athletic clubs, tennis courts, ball fields, play fields, and the like.
RECREATIONAL VEHICLE: A recreational vehicle is a factory built vehicular structure designed only for recreational use and not as a primary residence or for permanent occupancy, built and certified in accordance with NFPA 1192-15 or ANSI A119.5-09 consensus standards for recreational vehicles and not certified as a manufactured home. It is designed to be self-propelled or permanently towable and shall include, but not be limited to, travel trailers, campers, motor homes, and camping trailers.
RECREATIONAL VEHICLE PARK/CAMPGROUND: A recreational vehicle park/campground refers to any tract of land divided into lots or spaces, under the ownership or management of one person, firm or corporation for the purpose of locating three or more recreational vehicles for nightly or short-term use. Said park/campground shall have an on-site caretaker.
REMODEL, EXTERIOR: Any renovation, upgrading, or otherwise changing the exterior of a building, including repainting, except when using previously approved colors.
RESORT: An establishment, often including lodging, where people may go for recreation, rest, personal care, sport, or another similar purpose.
RETAIL FUEL SALES: Businesses selling fuel for motor vehicles, including gasoline and diesel.
RETAIL SALES: Any business offering goods for sale. If a specific type of retail business is otherwise defined in this section, that definition shall prevail.
REZONE: A change in classification from one zoning district to another.
ROOMING HOUSE: A building other than a hotel, motel or lodge which advertises as a boarding, lodging, or rooming house, or is a licensed place of business with rooms available for rent. This does not include short-term rentals offered in residences. (Ord. 792, 7-29-2004; amd. Ord. 2019-1053, 11-25-2019; Ord. 2024-1133, 10-30-2024; Ord. 2024-1136, 12-11-2024)
13-2-20: S:
SCHOOL SUPPORT FACILITIES: A building, complex, or installation that facilitates an action or process associated with school uses including facilities such as administrative buildings and bus barns.
SCREEN, SCREENING: A continuous fence, hedge or combination of both which obscures vision through eighty percent (80%) or more of the screen area, not including drives or walkways.
SECONDARY USE: A use, subordinate to the primary use, which may exist only when a primary use is existing on the same lot. The floor area of a secondary use must be less than that devoted to the primary use.
SELF-SERVICE STORAGE: A facility consisting of separate storage units which are rented to customers having exclusive and independent access to their respective units for storage of residential or commercial oriented goods.
SETBACK: The required minimum horizontal distance between the building line and the related front, side, or rear property line, rights-of-way, or access easements.
SETBACK AREA: The lot area between the lot lines and the setback lines.
SETBACK LINE: A line which is parallel to a lot line or access easement located at the distance required by the setback.
SHARED OFF-STREET PARKING: Off-street areas designed, used, required, or intended to be used for the parking of motor vehicles in which two (2) or more uses which are within close proximity may share parking facilities to fulfill their individual parking requirements because their prime operational hours do not overlap.
SHED: An accessory structure, with or without a permanent foundation, without plumbing, used for storage, generally less than two hundred (200) square feet in area.
SIGN: A structure or graphic display designed to inform or attract the attention of persons not on the premises on which the sign is located.
SIGN, ABANDONED: A sign which no longer identifies or advertises a person, business, product or activity conducted or available for more than one hundred eighty (180) consecutive days on the premises where the sign is located, or a damaged or vandalized sign which has not been repaired within sixty (60) days of the event.
SIGN AREA: The area of the smallest rectangle that can be drawn around all parts of the sign from the viewpoint exposing the largest surface area, excluding simple support structures. Sign supporting structures which are part of the sign display shall be included in the area of the rectangle.
SIGN, ATTACHED: A sign permanently attached to or mounted on a building, including signs painted on a building wall.
SIGN, BANNER: Any temporary sign intended to be hung, with or without framing, and possessing characters, letters, illustrations, or ornamentation applied to fabric or similar material. Flags, insignias, canopy signs, and posters shall not be considered banner signs.
SIGN, BILLBOARD: A sign which directs attention to a business, profession, product, activity or service that is not conducted, sold, or offered on the premises where the sign is located.
SIGN, CANOPY: A sign that is part of or attached to a canopy.
SIGN, CONSTRUCTION: A sign used to advertise or provide information about physical construction activity occurring under a valid building permit.
SIGN, DIRECTIONAL: A sign intended to provide wayfinding information.
SIGN, DIRECTORY: A sign on which the names and locations of occupants or the use or uses of a building are given. This includes signs for office buildings, church directories, and multiple signs for malls, arcades and similar commercial buildings using standard format business signs.
SIGN FACE: Any side of a sign which contains advertising or graphic display which is visible to the public.
SIGN, FREESTANDING: Any sign not attached to a building.
SIGN, ILLUMINATED: Any sign internally illuminated in any manner by an artificial light source. Indirectly illuminated signs are not included in this definition.
SIGN, INTERNALLY ILLUMINATED: A sign with an internal light source shining through the face of the sign. Exposed neon signs are internally illuminated.
SIGN, MONUMENT: A freestanding structure with signage for multiple establishments collocated on a property.
SIGN, NONCONFORMING: Any sign which does not conform to the provisions of this Code, but which conforms to all applicable laws in effect on the date the sign was originally erected.
SIGN, OFF SITE: A permanent sign not located on the same lot as the business or use it is intended to serve.
SIGN, PERMANENT: A sign nailed, glued, screwed or similarly fastened to foundation systems capable of holding it in position under an imposed wind load of twenty-five (25) pounds per square foot or the design requirements of chapter 23 of the Building Code.
SIGN, PORTABLE: Any mobile, movable sign, sign on a vehicle or structure, including a sandwich board sign, which is not securely attached to the ground or any other structure.
SIGN, PROJECTING: Any sign affixed to a building or wall, the leading edge of which extends beyond such building or wall.
SIGN, READER BOARD: A sign that is designed to allow message changes either by manual or electronic means.
SIGN, ROOF: Any sign erected or constructed wholly upon or over the roof of a building and supported by the roof structure.
SIGN, TEMPORARY: A sign or advertising display intended to be displayed for a limited period of time or for a fixed event and not permanently affixed to a structure or the ground, including real estate signs used to offer for sale, lease, or rent, the property upon which the sign is placed.
SIGN, WINDOW: Any sign placed upon the interior or exterior surface of a window or placed inside the window within six feet (6') of the window surface, facing the outside and intended to be seen from the exterior.
SINGLE-FAMILY DWELLING: A building containing only one dwelling unit.
SINGLE ROOM OCCUPANCY SLEEPING UNIT: A housing type consisting of single sleeping units, with shared cooking facilities and with shared bathroom facilities. See also subsection 10-2-1F of this Code.
SITE PLAN: A scale drawing which shows the areas and locations of all buildings, streets, roads, improvements, easements, utilities, open spaces and other principal development features for a specific parcel of property.
SITE PLAN, BINDING: A site plan reviewed and approved pursuant to this title, containing the inscriptions or attachments setting forth the limitations and conditions of use for a specific parcel of property and meeting the requirements of the Pierce County auditor for recording.
SOLID WASTE FACILITIES: A facility providing services related to the management, storage, collection, transportation, treatment, use, processing or final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from wastes or the conversion of the energy in wastes to more useful forms or combinations thereof.
SPAS AND HEALTH CLUBS: Businesses or organizations offering health and beauty treatments, wellness services, exercise equipment, and/or classes.
SPECIFIED ANATOMICAL AREAS: Less than completely or opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if completely or opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: Acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic region, buttock or female breast; or human genitals in a state of sexual stimulation or arousal.
STABLE: A building used to board animals owned by the owner and/or others.
STATIONARY FOOD VENDOR: An itinerant vendor who provides food vending services from a stationary vendor unit.
STATIONARY FOOD VENDOR UNIT: A stationary vendor unit used, or intended to be used, to provide food vending services.
STATIONARY VENDOR: An itinerant vendor who provides vending services from a stationary vendor unit.
STATIONARY VENDOR UNIT:
A. A vehicle, cart or other conveyance capable of moving or being moved, or
B. A structure that is not permanently affixed to real property, and which is used, or intended to be used, at a fixed location to provide vending services.
STOCK IN TRADE: Any item or goods that: a) is produced, purchased, processed, finished or fabricated as part of a home occupation; or b) is incorporated into any such item; or c) is used to make, manufacture, produce, process, finish or fabricate any such item; or d) is intended for resale on site; provided, that it does not include samples.
STREET: A public or private right-of-way or easement which provides vehicle access to more than three (3) lots or potential lots.
STREET LOT LINE: The lot line or lines along the edge of a street.
STREET SETBACK: The minimum distance required for buildings to be set back from the street lot line.
STRUCTURE: Any combination or arrangement of material that is artificially built up or composed of parts joined together, for use, occupancy, or ornamentation, that is installed, built, constructed, or erected on, above, or below the surface of land or water, whether or not affixed permanently or attached to something having a permanent location.
SUBDIVISION: A division of land into ten (10) or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership, including resubdivision of previously subdivided land, except as provided in this title.
SUBDIVISION CODE: Title 12 of this Code.
SUBDIVISION, SHORT: A division of land into nine (9) or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership, except as provided in this title. (Ord. 943, 5-14-2014; amd. Ord. 2018-1024, 4-25-2018; Ord. 2021-1073, 3-10-2021; Ord. 2024-1136, 12-11-2024)
13-2-21: T:
TEMPORARY BUILDING OR STRUCTURE: A building or structure not having or requiring permanent attachment to the ground or to other structures which have no required attachment to the ground.
THEATER: A building or part of a building devoted primarily to the showing of motion pictures or for dramatic, dance, musical, or other live performances.
TOWNHOUSE: A multiple dwelling unit meeting the following criteria: a) no dwelling unit overlapping another vertically; b) common side walls joining units; and c) not more than six (6) dwelling units in one structure.
TRACT: A fractional part of divided lands having fixed boundaries.
TRANSIT FACILITY: All passenger facilities, structures, stops, shelters, bus zones, properties, and rights-of-way of all kinds that are owned, leased, held, or used by a transit authority for the purpose of providing public transportation services.
TRANSITIONAL HOUSING: A facility that is owner operated or managed by a nonprofit organization or governmental entity that provides housing and supportive services to homeless individuals or families for up to two years and whose primary purpose is to enable homeless individuals or families to move into independent living and permanent housing. (Ord. 792, 7-29-2004; Ord. 2021-1083, 9-29-2021; Ord. 2022-1093, 3-30-2022; Ord. 2022-1095, 8-10-2022; Ord. 2024-1136, 12-11-2024)
13-2-22: U:
USE: The purpose which lands or structures serve or for which they are occupied, maintained, arranged, designed or intended.
UTILITY FACILITY: A small-scale facility serving primarily local distribution needs within the city, including underground power lines, water distribution lines, sewer lift stations, and stormwater conveyance pipes, fiber optic cable, pump stations and hydrants, switching boxes, and other structures normally found in a street right-of-way to serve adjacent properties. (Ord. 792, 7-29-2004; amd. Ord. 2024-1136, 12-11-2024)
13-2-23: V:
VARIANCE: A permissible modification of the application of this title to a particular property, subject to City approval.
VEGETATIVE SCREEN: A planted buffer that is opaque to a height of six feet (6') minimum, accomplished through any combination of solid row(s) of evergreen trees or shrubs; the same on an earthen berm; and/or fencing. Ground surfaces of the planting area are to be seventy-five percent (75%) covered with ground cover plants within three (3) years of installation.
VEHICLE: A 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 mopeds, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
VENDING OR VENDING SERVICES: Exhibiting goods or services for sale for the purpose of selling, bartering, trading, exchanging, or advertising such goods or services.
VETERINARY FACILITIES: Any facility, structure, or equipment used in the operation of an
VOCATIONAL SCHOOLS: Institutions providing technical and professional training, usually with the goal of employment in a craft or trade. (Ord. 943, 5-14-2014; amd. Ord. 2024-1136, 12-11-2024)
13-2-24: W:
WALKWAY: A hard surfaced portion of a street, right-of-way, trail or easement intended for pedestrian use.
WASTEWATER TREATMENT: Establishments primarily engaged in providing waste management services including waste treatment and disposal, remediation, operation of materials recovery facilities, septic tank pumping, and related services.
WATER SUPPLY FACILITY: A facility that obtains, treats, and distributes water to customers.
WATERCOURSE: The course or route followed by waters draining from the land, formed by nature or man and consisting of a bed, banks, sides and associated wetlands and headwaters. A watercourse shall receive surface and subsurface drainage waters and shall flow with some regularity, but not necessarily continuously, naturally and normally, in draining from higher to lower lands. The watercourse shall terminate at the point of discharge into a larger receiving body such as a lake. Watercourses shall include sloughs, streams, creeks and associated wetlands.
WETLAND OR WETLANDS:
A. Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
B. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. However, wetlands include those artificial wetlands intentionally created to mitigate conversion of wetlands.
WHOLESALE TRADE: Establishments primarily engaged in selling merchandise to retailers; industrial, commercial, institutional, or professional business users; or other wholesalers; or acting as agents or brokers and buying for or selling merchandise to such individuals or companies; and professional and commercial equipment suppliers.
WILDLIFE SHELTER: A facility which is used to house or contain wildlife and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit organizations or persons devoted to the welfare, protection and humane treatment of animals. This does not include domestic animals.
WINERY/BREWERY: An establishment which manufactures beer, wine, and or cider beverages on site and may sell products manufactured on site for on-premises and off-premises consumption.
WIRELESS COMMUNICATION FACILITY: See OMC section 13-9-16. (Ord. 792, 7-29-2004; amd. Ord. 2024-1136, 12-11-2024)
13-2-25: X:
Reserved. (Ord. 792, 7-29-2004)
13-2-26: Y:
YARD: The lot area between lot lines and the building area.
YARD, FRONT: The area between the front lot line and the building line extending the full width of the lot. The front yard shall be the area between the front line which primary access is taken and the building setback line. On a corner lot there shall be two (2) front yards.
YARD, REAR: The area between the rear lot line and the building area extending the full width of the lot.
YARD, SIDE: The side setback area between the side lot lines and the building area, extending the full length of the building area. On corner lots the side yard is that which is opposite from the front yard except when a corner lot is also a through lot, then the side yard shall be the area along the interior side lot line. (Ord. 792, 7-29-2004; amd. Ord. 2021-1073, 3-10-2021; Ord. 2024-1136, 12-11-2024)
13-2-27: Z:
ZONE, ZONE DISTRICT: A defined area of the City within which the use of land is regulated and certain uses permitted and other uses excluded as set forth in this title.
ZONING CODE: This title. (Ord. 792, 7-29-2004)