Any word or phrase not listed in this chapter, which is in question when administering these regulations, shall be defined from one of the following sources, which are incorporated herein by reference. Said sources shall be utilized by finding the desired definition from the first listed source, if not available there, then source number two may be used, and so on. The sources are as follows:

1. Any statute or regulation of the state (i.e., the most applicable RCW or WAC);
2. Any term defined from Washington State case law;
3. Other titles of the County code as adopted by the Town;
4. Any other County resolution, ordinance, or regulation as adopted by the Town;
5. Black's Law Dictionary;
6. Webster's Dictionary.

(Ord. No. 19-03, § 9.1.01, 9-4-2019)

The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory means a use, building, or structure, part of a building or other structure which is subordinate to and the use of which is incidental to that of the main building structure of use on the same lot, including a private garage.

Accessory equipment structure means an unstaffed structure used to house and protect the equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning and emergency generators.

Accessory living quarters means living quarters within an accessory building for the sole use of the family or of persons employed on the premises, or for the temporary use of guests of the occupants of the premises. Such quarters have no kitchen facilities and are not rented or otherwise used as a separate dwelling unit. The term "accessory living quarters" includes guest houses.

Adult family home means a facility licensed pursuant to RCW ch. 70.128 or the regular abode of a person who is providing personal care, room, and board to more than one but no more than four adults who are not related by blood or marriage to the person providing the service.

Alley means a public thoroughfare or way that affords only a secondary means of access to abutting property.

Alteration means a change or rearrangement of the structural parts or exit facilities, or an enlargement by extending the sides or increasing the height or depth, or the moving from one location to another. In buildings for business, commercial or similar uses, the installation or rearrangement of partitions affecting more than one-third of a single floor area shall be considered an alteration.

Alteration, critical area, means any human-induced change in an existing condition of a critical area or its buffer. Alterations include, but are not limited to, grading, filling, channelizing, dredging, clearing (of vegetation), construction, compaction, excavation or any other activity that changes the character of the critical area.

Amateur or HAM radio means radio facilities operated for noncommercial purposes by individuals licensed by the FCC with an interest in construction and operation of radio equipment, usually as a hobby or avocation.

Amendment means a change in the working context or substance of this title; or a change in the zone boundaries upon maps adopted hereunder.

Animal unit means a single animal or several animals of the same kind. One animal unit equals one horse or one cow; or two goats; or two sheep, or 12 chickens; or six rabbits.

Antenna means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals. Types of antennas include, but are not limited to:

1. Directional antenna or panel antenna means an antenna that transmits signals in a directional pattern of less than 360 degrees.
2. Omni-directional antenna or whip antenna means an antenna that transmits signals in a 360-degree pattern.
3. Parabolic antenna or dish antenna means a bowl-shaped device that receives and transmits signals in a specific directional pattern (e.g., point to point).

Antenna, attached, means a wireless communication antenna that is affixed to an existing structure other than a wireless communication support structure. Examples of attached antennas include antennas affixed to or erected upon existing buildings, water tanks, or other existing structures.

Apartment means a room or suite of two or more rooms in a multifamily dwelling, or in any other building not a single-family dwelling or in a two-family dwelling occupied or suitable for occupancy as a dwelling unit for one family.

Apartment building means a building or a portion of a building, designed for occupancy by three or more families living independently of each other in three or more dwelling units.

Applicant means a person who files an application for permit under this title, and who is either the owner of the land on which that proposed activity would be located, a lessee of the land, the person who would actually control and direct the proposed activity or the authorized agent of such a person.

Aquifer recharge area means areas having a critical recharging effect on aquifers used for potable water, where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the certifiable potability of water (WAC 365-190-030).

Aquifer, sole source, means an area designated by the U.S. Environmental Protection Agency under the Safe Drinking Water Act of 1974, section 1424(e). The aquifers must supply 50 percent or more of the drinking water for an area without a sufficient replacement available.

Area of shallow flooding means an area designated AO, or AH zone on the flood insurance maps. The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.

Arterial street means a street designated as a principal or minor arterial by the Town's transportation element of the comprehensive plan, as presently constituted or as hereafter amended.

Auction house means a building where sale items are stored or displayed where persons are permitted to attend sales and offer bids on such items.

Auction yard means an open area where sale items are stored or displayed and where persons are permitted to attend sales and offer bids on such items.

Auction yard, livestock, means facilities designed for the sale of livestock at auction, including barns, holding pens, and loading facilities.

Baffle means a device, placed into a lighting fixture, which regulates the dispersal of light by focusing it onto an intended area.

Barn means a large building not connected with a residence on a parcel of property, and used for storing or sheltering farm products, supplies or livestock.

Base flood means a flood event having a one percent chance of being equaled or exceeded in any given year, also referred to as the 100-year flood. Designations of base flood areas on flood insurance maps always include the letters A or V.

Base flood elevation means the elevation of the floodway at its highest point at flood stage. This is usually determined by historical data.

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Best available science means current scientific information used in the process to designate, protect, or restore critical areas, and derived from a valid scientific process as defined by WAC 365-195-900 through 365-195-925. Some sources of best available science are included in "Citations of Recommended Sources of Best Available Science for Designating and Protecting Critical Areas," published by the state office of community development.

Best management practices means conservation practices or systems of practices and management measures that:

1. Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxins, and sediment;
2. Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands;
3. Protect trees and vegetation designated to be retained during and following site construction; and
4. Provide standards for proper use of chemical herbicides within critical areas.

Building means any structure used or intended for supporting or sheltering any use or occupancy.

Building height means the vertical distance above grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The measurement may be taken from the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building, when such sidewalk or ground surface is not more than ten feet above grade. The height of a stepped or terraced building is the maximum height of any segment of the building.

Building line means the line of face or corner of a part of a building nearest the property line, and parallel to the property line.

Building, main, means the principal building or other structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted.

Build-to lines means an on-site line to which a building must be built upon. These lines are parallel to property lines on street frontages and vary in distance from the right-of-way.

Business means the purchase, sale, offering for sale, or other transaction involving the handling, disposition of any article, service, substance or commodity for livelihood or profit.

Catalogue and mail-order house means merchandise warehouse and distribution center, including showroom.

Cemetery means land used or intended to be used for the burial of the human dead and dedicated for such purposes.

Church means 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, and including accessory uses in the main building or in separate buildings or classrooms, assembly rooms, kitchen, library room or reading room, recreational hall, a one-family dwelling unit and residences on the site for nuns and clergy but excluding facilities for training of religious orders.

Clustering, wireless, means the placement of more than one wireless communication support structure on a single site.

Collector street means a street that collects traffic from local access streets and carries such traffic to either major collector or arterial streets where through traffic is the dominant function. These are mapped in the transportation element of the comprehensive plan.

Co-location means the use of a single wireless communication support structure, or the use of a site by more than one wireless communication provider.

Commercial. See Business.

Communication facilities, use category, means any towers, poles, antennas, structures, or broadcasting studios intended for use in connection with transmission or receipt of telecommunication signals.

Community residential facility means a dwelling licensed, certified, or authorized by state authorities as a residence for children or adults in need of supervision, support, or assistance.

Comprehensive plan means the comprehensive plan of the Town.

Conditional use means a use permitted in one or more classifications as defined by this title but because of characteristics peculiar to it and the site requires a special degree of control to make such uses consistent with and compatible to other existing or permissible uses.

Conditional use permit means the documented evidence of authority granted by the planning commission to locate a conditional use at a particular location.

Conservation easement means a legal agreement that a property owner enters into to restrict uses of the land. Such restrictions can provide for, but are not limited to, passive recreational uses such as trails, or accommodate scientific uses, or restrict the use of fences or other barriers to protect habitat. Such easements are recorded on a property deed, run with the land, and are legally binding on all present and future owners of the property, therefore providing permanent or long-term protection.

Conviction means an adjudication of conviction of guilt and occurs at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings, including, but not limited to, sentencing or disposition, post-trial or post-fact-finding motions and appeals. The term "conviction" also means bail forfeiture.

Corner lot means a lot situated at the intersection of two or more streets, the street frontages of which form an angle not greater than 128 degrees, and not less than 45 degrees.

Critical aquifer recharge area means areas designated by WAC 365-190-080(2) that are determined to have a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(2).

Critical area, advance mitigation, means mitigation of an anticipated critical area impact or hazard, completed according to an approved critical area report and prior to site development.

Critical area, buffer zone, means an area required by this title that provides a natural vegetated zone surrounding a natural, restored or newly created critical area which serves as a buffer between the critical area and its associated upland areas, and as an integral part of the habitat ecosystem.

Critical area, functions and values, means the beneficial roles served by critical areas, including, but not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation, groundwater recharge and discharge, erosion control, wave attenuation, protection from hazards, historical, archaeological and aesthetic value protection, and recreation. These beneficial roles are not listed in order of priority.

Critical area, off-site compensation, means to replace critical areas away from the site on which a critical area has been impacted.

Critical area, on-site compensation, means to replace critical areas at or adjacent to the site on which a critical area has been impacted.

Critical area, practical alternative, means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, logistics in light of overall project purposes, and having lesser impact on critical areas.

Critical area, restoration, means measures taken to restore an altered or damaged natural feature, including:

1. Active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers to the functioning condition that existed prior to an unauthorized alteration.
2. Actions performed to re-establish structural and functional characteristics of the critical area that have been lost by alteration, past management activities, or catastrophic events.

Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, police, fire and emergency response installations, or installations that produce, use or store hazardous materials or waste.

Critical habitat means a habitat necessary for the survival of endangered, threatened, rare, sensitive or monitored species.

Cul-de-sac, permanent, means a short street having one end open to traffic and the other end being permanently terminated by a vehicle turnaround.

Cul-de-sac, temporary, means a dead-end local access street, to be extended in the future.

Cultural facilities means establishments that provide cultural opportunities to the public. Examples include performing art centers, exhibition halls, auditoriums, museums, art galleries and studios, dance, and music venues.

Cut-off shield means a lighting hood that protrudes below the light bulb to reflect light onto the intended surface and lessen the degree of light glare to surrounding areas.

Day care, adult, means a licensed or accredited facility that provides counseling, recreation, food, or any or all of these services to elderly or handicapped persons for a period of less than 24 hours a day.

Day nursery means a group child day care facility, including nurseries, nursery schools, privately conducted kindergartens, and programs covering after-school care for children.

Dedication means the deliberate appropriation of land by its owner for any general or public use, reserving to him no other rights than such are compatible with the full exercise and enjoyment of the public use to which the property had been devoted.

Designated manufactured home means a single-family residence constructed after June 15, 1976, in accordance with 42 USC 5401--5403 standards for manufactured housing.

Developable area means a site or portion of a site that may be utilized as the location of development.

Development means any activity upon the land consisting of construction or alteration of structures, earth movement, dredging, dumping, grading, filling, mining, removal of any sand, gravel, or minerals, driving of piles, drilling operations, bulkheading, clearing of vegetation, or other land disturbance. The term "development" includes the storage or use of equipment or materials inconsistent with the existing use. The term "development" also includes approvals issued by the Town that binds land to specific patterns of use, including, but not limited to, subdivisions, short subdivisions, zone changes, conditional use permits, and binding site plans. Development activity does not include the following activities:

1. Interior building improvements;
2. Exterior structure maintenance activities, including painting and roofing;
3. Routine landscape maintenance of established, ornamental landscaping, such as lawn mowing, pruning and weeding;
4. Maintenance of the following existing facilities that does not expand the affected area: septic tanks (routine cleaning), wells, individual utility service connections, and individual cemetery plots in established and approved cemeteries.

Direct-to-home satellite service means the distribution or broadcasting of programming or services by satellite directly to the subscriber's premises without use of ground receiving or distribution equipment, except at the subscriber's premises or in the uplink process to the satellite.

Dwelling means a building designed exclusively for residential purposes.

Dwelling, accessory unit, means a freestanding detached structure or an attached part of a structure that is subordinate and incidental to the primary dwelling unit located on the same property, providing complete, independent living facilities exclusively for a single housekeeping unit, including permanent provisions for living, sleeping, cooking, and sanitation.

Dwelling, accessory unit--industrial, means a dwelling unit within a primary building located in the industrial zone for occupancy by a person or family for living and sleeping purposes.

Dwelling, caretaker's residence, means a dwelling unit provided for the purpose of on-site supervision and security that is occupied by a bona fide employee of the property owner.

Dwelling, congregate, means a residential facility under joint occupancy and single management arranged or used for lodging of unrelated individuals, with or without meals, including boardinghouses or rooming houses, dormitories, fraternities and sororities, and convents and monasteries.

Dwelling, cottage, means a small single-family dwelling unit developed as a group of dwelling units clustered around a common area.

Dwelling, multifamily, means a building designed exclusively for occupancy by three or more families living independently of each other, and containing three or more dwelling units.

Dwelling, single-family, means a detached building designed exclusively for occupancy by one family and containing one dwelling unit.

Dwelling, townhouse, means a single-family dwelling unit constructed in groups of three or more attached units in which each unit extends from foundation to roof, open on at least two sides.

Dwelling, two-family (duplex), means a building designed exclusively for occupancy by two families living independently of each other, and containing two dwelling units.

Dwelling unit means one or more rooms occupied by one family and containing kitchen facilities for use solely by one family. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit.

Easement means a right granted by a property owner to specifically named parties or to the public, for the use of certain areas or strips of land for a particular purpose. Easements may include pedestrian paths, bicycle paths, utilities, drainage, open space, etc.

Electric vehicle infrastructure means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.

Elevated building means, for insurance purposes, a non-basement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns.

Engineer means a contracted engineer working with the Town or the Town's maintenance operator.

Erosion hazard areas means those areas identified by the United States Department of Agriculture Soil Conservation Service as having a severe rill and inter-rill erosion hazard.

Essential public facility (EPF) means facilities which are typically difficult to site, such as airports, state education facilities, state or regional transportation facilities, state and local correctional facilities, solid waste handling, and inpatient facilities including substance abuse, mental health, and secure community transition facilities.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Family means an individual, or two or more persons related by blood or marriage, or a group of not more than five persons who are not related by blood or marriage.

Fence means a masonry wall, or a barrier composed of posts connected by boards, rails, panels or wire for the purpose of enclosing space or separating parcels of land. The term "fence" does not include retaining walls.

First permitted means the most restricted zone in which a particular use is indicated as a permissible use.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of inland waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters from any source.

Flood insurance map means the official map on which the Federal Insurance Administration has delineated the areas of special flood hazards, and include the risk premium zones applicable to the community. A flood insurance map is also known as "flood insurance rate map" or "FIRM."

Flood insurance rate map (FIRM). See Flood insurance map.

Flood insurance study means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the base flood elevations.

Floodplain means the total land area adjoining a river, stream, watercourse or lake subject to inundation by the base flood.

Floor area means the sum of the gross horizontal areas of the floors of a building, measured from the exterior faces of exterior walls and from the centerline of division walls. Floor area shall include basement space, 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 and cooling towers, mechanical equipment or attic spaces with headroom of less than seven feet six inches, exterior steps or stairs, terraces, breezeways and open spaces shall not be counted.

Freight forwarding means land and facilities providing for the transport, storage, and shipment of goods.

Frequently flooded areas means lands in the floodplain subject to a one percent or greater chance of flooding in any given year. Frequently flooded areas perform important hydrologic functions and may present a risk to persons and property as designated by WAC 365-190-080(3). Classifications of frequently flooded areas include, at a minimum, the 100-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program.

Garage, private, means an accessory building or an accessory portion of the main building, designed or used only for the shelter or storage of vehicles owned by or operated only by the occupants of the main building.

Garage, public, means a building used for the care, repair or storage of automobiles, or where such vehicles are kept for remuneration, hire, or sale.

Geologically hazardous areas means areas that, because of their susceptibility to erosion, sliding, earthquake or other geologic events, are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns (RCW ch. 36.70A).

Grade means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building between the building and a line five feet from the building.

Groundwater means water in a saturated zone or stratum beneath the surface of land or a surface water body.

Hedge means a row of closely planted shrubs or trees forming a boundary or barrier.

Heliport means a landing facility for rotary wing aircraft subject to regularly scheduled use and may include fueling or servicing facilities for such craft.

Helistop means a landing pad for occasional and infrequent use by rotary wing aircraft. A helistop does not offer on-site servicing or fueling, and is not for regularly scheduled stops.

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

Hospital means an institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and licensed by state law to provide facilities and services.

Hospital or clinic, small animal, means an establishment in which veterinary medical services, clipping, bathing and similar services are rendered to dogs, cats and other small domestic animals and pets.

Hotel means a building in which there are five or more guest rooms, where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite, and in which building may be included one apartment for use of the resident manager but shall not include buildings where human beings are housed or detained under legal restraint.

Incidental sign means an informational sign no more than two square feet in size, that aids circulation, provides direction, states rules of order, hours of operation, or use features. Typical incidental signs include "enter," "open," "telephone," "rest rooms," "no parking," "no trespassing," "warning," on-site directions or similar. Incidental signs may not include any commercial message or logo, except that one "enter" sign per entrance may include a logo or business name, provided the entrance is exclusively for that business and the logo or business name is subordinate to the term "enter."

Industrial service means establishments that service equipment or products for or to support industrial, commercial, or medical uses, such as: commercial carpet rug cleaning, dry cleaning, laundry linen supply plants, contractors and building maintenance services that perform services off site, janitorial and building maintenance services, heating and plumbing contractors, construction companies, or electrical contractors, industrial and commercial printing facilities, research, development or scientific laboratories, recycling facilities, and laundry, dry-cleaning, and carpet cleaning plants.

Interior lot means a lot other than a corner lot.

Junk yard means any premises devoted wholly or in part to the storage, buying or selling or otherwise handling or dealing in old rags, sacks, bottles, cans, papers, metal, rubber or other articles commonly known as junk.

Kennel means a place where four or more adult dogs or cats or any combination thereof are kept. An adult dog or cat is one of either sex, altered or unaltered, that has reached the age of four months.

Kitchen means any room, or portion of a room, used or designed to be used for cooking or the preparation of food.

Light glare means a brightening of the night sky by the scattering of light particles from artificial sources.

Livestock means horses, bovine animals, sheep, goats, swine, donkeys and mules.

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

Lot means a portion of a subdivision or other parcel capable of being sold or transferred as a unit for development. A lot has fixed boundaries and sufficient area and dimensions to meet minimum zoning requirements. The term "lot" shall include a tract and a parcel.

Lot area means the total horizontal area within the boundary lines of the lot.

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

Lot line, front, means a line separating the lot from the street.

Lot line, rear, means a lot line, which is opposite and most distant from the lot front line, and/or parallel or within 45 degrees of being parallel to the front lot line, and does not intersect any street line bounding such lot.

Lot width means the mean horizontal distance between the lot side lines.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement, is not considered a building's lowest floor.

Major event entertainment means uses that draw large numbers of people to special events or shows on a periodic basis. Activities are generally of a spectator nature. Examples include stadiums, sports arenas, coliseums, and fairgrounds.

Manufactured home means a single-family dwelling built according to the United States Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, which is a national preemptive building code. A manufactured home also:

1. Includes plumbing, heating, air conditioning, and electrical systems;
2. Is built on a permanent chassis; and
3. Can be transported in one or more sections with each section at least eight feet wide and 40 feet long when transported, or when installed on the site is 320 square feet or greater.

Mean depth. The mean depth of a lot is measured on a line approximately perpendicular to the fronting street and midway between side lines.

Mitigation means a negotiated action involving the avoidance, reduction or compensation for possible adverse impacts. In the following order of preference this includes:

1. Avoiding the impacts altogether by not taking action;
2. Reducing or eliminating impacts by preservation or maintenance;
3. Minimizing impacts by limiting degree or magnitude;
4. Rectifying impacts by repairing, rehabilitating or restoring;
5. Compensating for impacts by in-kind replacement; or
6. Monitoring impacts by a planned evaluation process.

Mobile home means a factory-built dwelling built prior to June 15, 1996, to standards other than the HUD code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the HUD Manufactured Home Construction and Safety Standards Act.

Mobile (manufactured) home park means any tract of land that is divided into rental spaces under common ownership or management for the purpose of locating two or more mobile (manufactured) homes for dwelling purposes.

Modular home means a structure constructed of factory-assembled parts that are transported to the building site and assembled at the site. The completed structure is not mobile and should not be considered a mobile home.

Monitoring means evaluating the impacts of development proposals on the biological, hydrological, and geological elements of such systems, and assessing the performance of required mitigation measures through the collection and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features and includes gathering baseline data.

Motel means a group of attached or detached buildings containing individual sleeping units, where a majority of such units open individually and directly to the outside.

Native vegetation means plant species that are indigenous to the area in question.

New construction means structures for which the start of construction commenced on or after the effective date of the ordinance from which this title is derived.

Nonconforming building means a building or portion thereof which was lawfully erected or altered and maintained, but which because of the application of this title, no longer conforms to the regulations of the zone in which it is located, as defined by this title.

Nonconforming use means a use which was lawfully established and maintained, but which because of application of this title, no longer conforms to the use regulations of the zone in which it is located, as defined by this title.

Outdoor advertising structure means a structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising display is or can be placed.

Parcel means a tract or plat of land of any size, which may or may not be subdivided or improved.

Parking area, private, means an open area other than a street, alley, or other public property, limited to the parking of automobiles of occupants or employee uses to which these facilities are appurtenant.

Parking area, public, means an open area other than a street or alley, whether publicly or privately owned, which is used for the parking of more than four automobiles and is available for use by the public.

Parking facility, controlled access, means a parking garage or surface lot controlling patron access using attendants or ticket dispensers.

Plat means a map of subdivision showing the division of a tract into lots, blocks, streets and alleys or other divisions and dedications.

Plat, final, means a map of a subdivision of land, which has been accurately surveyed and staked on the ground so that streets, alleys, blocks, lots and other divisions thereof can be identified, and which has been approved by the Town Council.

Plat, preliminary, means a preliminary map indicating a proposed subdivision showing the general layout of streets and alleys, lots, blocks, other elements of a subdivision consistent with the requirements set forth in RCW ch. 58.17. The preliminary plat shall be the basis for the approval or disapproval of the general layout of the subdivision.

Plat, short, means a map of a short subdivision.

Pool means a container, which is above or below ground, which has the minimum dimensions of ten feet wide by 15 feet long by four feet deep.

Principal use means the primary or predominant use of which the property is or may be devoted, and to which all other uses on the premises are accessory.

Priority habitat means habitat type or elements with unique or significant value to one or more species as classified by the department of fish and wildlife. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element (WAC 173-26-020(34)).

Project area means all areas within 50 feet of the area proposed to be disturbed, altered, or used by the proposed activity or the construction of any proposed structures.

Public utility means a private business organization such as a public service corporation performing some public service and subject to special governmental regulations, or governmental agency performing similar public services, the services by either of which are paid for directly by the recipients thereof. Such services shall include, but are not limited to, water supply, electric power, gas and transportation for persons and freight.

Public utility local distribution facility means any building, structure, or device which transfers directly to the public the service or supply provided by a public utility, including telephone, electric, gas, cable television, water and sewer, and all other facilities, equipment, and structures necessary for conducting a local distribution service by a government or public utility.

Public utility transmission facility means any building, structure, or device which does not directly transfer to the public the service or supply provided by a public utility, including telephone, electric (greater than 55 kV), gas, cable television, water and sewer, and all other facilities, equipment, and structures, including substations, switching stations, and reservoirs.

Qualified professional means a person with experience and training in the applicable critical area. A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology or related field, and have two years of related work experience. In addition:

1. A qualified professional for habitats or wetlands must have a degree in biology and professional experience related to the subject species.
2. A qualified professional for a geological hazard must be a professional engineer or geologist, licensed in the state.

Racecourse means an outdoor track or course laid out for competition, testing, practice, or use by motorized vehicles, including, but not limited to, automobiles, go-carts, all-terrain vehicles, mopeds, scooters, snowmobiles, motorcycles, remote-controlled cars, and airplanes.

Racetrack means a state-licensed facility permitting competitive racing of vehicles, horses, and dogs.

Reclassification of property means a change in zone boundaries upon the zoning map, when adopted in the manner prescribed by law.

Reclassification of use means the assignment by amendment of this title, or a particular use to a different use classification than that which the use was originally permitted.

Recreational area, commercial, means an area operated for profit and devoted to facilities and equipment for recreational purposes.

Recreational vehicle means a vehicular type portable structure without permanent foundation, not more than 35 feet in length, primarily used as temporary living quarters for recreational, camping, or travel use, with or without motor power. Recreational vehicles are prohibited from use as a permanent dwelling unit in all zoning districts. A recreational vehicle is not a mobile (manufactured) home. For the purpose of this definition, the term "permanent" means utilizing such a vehicle as living quarters for more than 60 days in any one consecutive 12-month period. Special restrictions apply to recreational vehicles in mobile home parks.

Repeater facility means a facility for the noncommercial reception and retransmission of radio signals.

Residence means a building or structure, or portion thereof, which is designed for and used to provide an abode for human beings.

Rest home, convalescent home, guest home, home for the aged, means a home operated similarly to a boardinghouse, but not restricted to any number of guests or guest rooms and the operator of which is licensed by the state or County to give nursing, dietary and other personal services to convalescents, invalids, and aged persons; but in which homes are kept no persons suffering from a mental illness, mental disease, disorder or ailment, or from a contagious or communicable disease, and in which homes are performed no surgery, maternity or other primary treatments such as customarily performed in sanitariums or hospitals, and in which no persons are kept or served who normally would be admittable to a mental hospital.

Roof means a structural over-covering over any portion of a building or structure, including the projections beyond the walls or supports of the building or structure.

Sales area, automobile, boat, trailer, or recreational vehicle, means an open area other than a street used for the display, sale or rental of new or used automobiles, boats, trailers, or recreational vehicles, and where no repair work is done except minor incidental repair of automobiles, boats, trailers, or recreational vehicles to be sold, displayed, or rented on the premises.

Satellite earth station means the facilities used for reception and processing of programming services from a satellite prior to transfer to terrestrial distribution systems, or for processing of programming and services from a terrestrial source before transmission via satellite.

Schools, elementary, junior high or high, means institutions of learning offering instruction in the several branches of learning and study required by the state educational code to be taught in the public and parochial schools.

Schools, professional, vocational, and trade, means post-secondary schools at which students are trained in a trade or skill to be pursued as a career. These schools focus on job skill training rather than academics in the liberal arts. Training periods are typically shorter than in a traditional college or university. Examples include institutions providing training to drafters, carpenters, electricians, HVAC technicians, aviation mechanics, plumbers, pipefitters, and welders.

Schools, specialized training/studios, means a facility providing specialized classes to persons of all ages, including, but not limited to, gymnastics, fitness, martial arts, and dance.

SEPA means Washington State Environmental Policy Act (RCW ch. 43.21C).

Shed means a building not connected with a residence on a parcel of property and used for general storage of items not associated with uses otherwise regulated under this title.

Short subdivision means the division of land into three or four lots, tracts, parcels or other division of land for the purpose of sale or lease. For a division of one lot into two, see RMC ch. 3.16.

Site area means the total horizontal area within surveyed property lines, excluding external streets.

Skirting means fire-resistant material not adversely affected by the elements, which is securely anchored by an approved method to a mobile (manufactured) home and covers the entire space except the space required for access to crawl space (see WAC Regulations 9-296-150B) between the bottom most point of the permanent exterior wall of the mobile (manufactured) home and the surrounding grade level.

Special flood hazard areas means the land in the floodplain within an area subject to a one percent or greater chance of flooding in any given year. Designations of special flood hazard areas on flood insurance maps always include the letters A or V.

Species, endangered, means any fish or wildlife species that is threatened with extinction throughout all or a significant portion of its range and is listed by the state or federal government as an endangered species.

Species of local importance means any fish or wildlife species that, due to their population status, sensitivity to habitat manipulation, or that are game species, are of local concern.

Species, priority, means any fish or wildlife species requiring protective measures and/or management guidelines to ensure the persistence of genetically viable population levels, as classified by the department of fish and wildlife, and including endangered, threatened, sensitive, candidate and monitored species, and those of recreational, commercial, or tribal importance.

Species, threatened, means any fish or wildlife species that within the foreseeable future is likely to become an endangered species within a significant portion of its range, without cooperative management or removal of threats, and is listed by the state or federal government as a threatened species.

Start of construction means substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date.

1. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond excavation, or placing, a manufactured home on a foundation.
2. Permanent construction does not include clearing, grading and filling, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations or the erection of temporary forms; nor does it include accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure.
3. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not the alteration affects the external dimensions of the building.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it. If there is not a floor above it, then the space between the floor and the ceiling next above it shall be considered a story. If the finished floor level directly above the basement or cellar is more than six feet above grade, such basements or cellars shall be considered a story.

Street means a right-of-way, dedicated to the public use, which provides access to adjacent lots and land.

Street line means a boundary line between a street and the abutting property.

Structural alterations means any change in the supporting members of a building or structure.

Structure means a walled and roofed building, including a gas or liquid storage tank that is principally above ground.

Subdivider means a person who holds any legal or equitable interest in land who undertakes to create a subdivision or short subdivision. The terms "subdivider" and "developer" are interchangeable in their meaning. The term "subdivider" also includes all heirs, assignees, or successors in interest, or representatives of the subdivider.

Subdivision means a division of land into five or more lots or divisions of land for the purpose of development or for transfer.

Substantial damage means damage of any origin sustained by a structure, whereby the cost of restoring the structure to its condition before damage would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement.

1. The term "substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure, either:
   1. Before the improvement or repair is started;
   2. Before the damage occurred, if the structure has been damaged and is being restored.
2. The term "substantial improvement" does not include:
   1. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions;
   2. Any alteration of a structure listed on the National Register of Historic Places or the state inventory of historic places.

Telecommunications means the transmission, between or among points specified by the user, of audio and/or visual information and data of the user's choosing, without change in the form or content of the information as sent and received.

1. Alternative mounting structure means a water tower, manmade tree, clock tower, church steeple, bell tower, utility pole, light standard, freestanding sign, flagpole, or similar structure designed to support and camouflage or conceal the presence of telecommunications antennas.
2. Antenna means any exterior apparatus designed for telephonic, radio, data, internet or other communications through the sending and/or receiving of radio frequency signals, including, but not limited to, equipment attached to a tower, pole, light standard, utility pole, building or other structure for the purpose of providing wireless services. Types of antennas include:
   1. An omni-directional antenna receives and transmits radio frequency signals in a 360-degree radial pattern;
   2. A whip antenna is an omni-directional antenna that is up to 15 feet in height and no more than six inches in diameter; and
   3. A directional or panel antenna receives and transmits radio frequency signals in a specific directional pattern of less than 360 degrees.
3. Antenna height means the vertical distance measured from average building elevation to the highest point of the antenna, or, if on a rooftop or other structure, from the top of the roof or structure to the highest point of the antenna. For replacement structures, antenna height is measured from the top of the existing structure to the highest point of the antenna or new structure, whichever is greater.
4. Array means an arrangement of antennas and their supporting structures.
5. Base station means a structure or equipment at a fixed location that enables FCC-licensed or FCC-authorized wireless communication between user equipment and a communications network. The term "base station" does not encompass a tower as defined herein nor any equipment associated with a tower. The term "base station" includes, without limitation:
   1. Equipment associated with wireless communication services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
   2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems (DAS) and small cell networks).
   3. Any structure other than a tower that, at the time the relevant application is filed with the Town, supports or houses equipment described above that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.
      
      The term "base station" does not include any structure that, at the time the relevant application is filed with the Town, does not support or house equipment described above.
6. Co-location means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.
7. Concealment technology means transmission facilities designed to look like some feature other than a wireless tower or base station or which minimizes the visual impact of an antenna by use of nonreflective materials, appropriate colors and/or a concealment canister or enclosure.
8. Dish means a parabolic or bowl-shaped device that receives and/or transmits signals in a specific directional pattern.
9. EIA-222 means Electronics Industries Association Standard 222, Structural Standards for Steel Antenna Towers and Antenna Support Structures.
10. Electric transmission means a self-supporting structure in excess of 50 feet in height designed to support high voltage electric lines. This does not include local utility or distribution poles (with or without transformers) designed to provide electric service to individual customers.
11. Eligible facilities request means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
    1. Co-location of new transmission equipment;
    2. Removal of transmission equipment; or
    3. Replacement of transmission equipment.
12. Eligible support structure means any tower or base station as defined in this section, provided that it, at the time the relevant application is filed with the Town, houses or supports an antenna, microcell or small cell deployment.
13. Equipment structure means a facility, shelter, cabinet or vault used to house and protect electronic or other associated equipment necessary for processing wireless communication signals. Associated equipment may include, for example, air conditioning, backup power supplies and emergency generators.
14. Existing. A constructed tower or base station is existing if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed because it was not in a zoned area when it was built, but was lawfully constructed, is existing for the purposes of chapter 22.122 SVMC.
15. Guyed tower means any telecommunications tower supported in whole or in part by cables anchored to the ground.
16. Height means the distance measured from grade to the highest point of any and all components of the structure, including antennas, hazard lighting, and other appurtenances, if any.
17. Microcells means the same as set forth in RCW 80.36.375, as now adopted or hereafter amended.
18. Monopole means a self-supporting telecommunications tower, which consists of a single vertical pole, fixed into the ground and/or attached to a foundation.
19. Other support structure means a structure used to support small cell facilities or equipment structures, excluding buildings, utility poles, and water reservoirs. Examples of other support structures include flagpoles and ball field light standards.
20. Panel means an antenna which receives and/or transmits signals in a directional pattern.
21. Prior approval means certification of approvals from the Town authorizing the initial installation of a specific wireless carrier's small cell facilities on a base station or tower. Prior approval may also include the subsequent approvals from the Town authorizing modifications to the initial installation that have resulted in the existing state of the small cell facility, including, but not limited to, the number and location of equipment structures, antennas, antenna support structures, and ancillary equipment.
22. Self-supporting lattice tower means a telecommunications tower that consists of an open network of metal braces, usually triangular or square in cross section.
23. Service means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
24. Service provider means the same as set forth in RCW 35.99.010(6), as now adopted or hereafter amended. The term "service provider" shall include those infrastructure companies that provide telecommunications services or equipment to enable the deployment of personal wireless services.
25. Stealth means a telecommunications antenna that is effectively camouflaged or concealed from view.
26. Substantial change means a modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
    1. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten percent or more than ten feet, whichever is greater;
    2. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
    3. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure;
    4. It entails any excavation or deployment outside the current site;
    5. It would defeat the concealment elements of the eligible support structure; or
    6. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified above.
27. Telecommunications antenna means an antenna used to provide a telecommunications service. This excludes lightning rods, private mobile radio systems, amateur radio antennas less than 35 feet in height in residential districts and 50 feet in height in nonresidential districts, and whip antennas less than four inches (ten cm) in diameter and less than ten feet in height.
28. Telecommunications service means the same as set forth in RCW 35.99.010(7), as now adopted or hereafter amended.
29. Tower means any structure built for the sole or primary purpose of supporting any FCC-licensed or FCC-authorized antennas and their associated facilities, including structures that are constructed for wireless communication services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul and the associated site. A tower shall not include a replacement utility pole as authorized by a lease with the Town, a franchise or a small cell permit.
30. Transmission equipment means equipment that facilitates transmission for any FCC-licensed or FCC-authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term "transmission equipment" includes equipment associated with wireless communication services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
31. Unified design enclosure means concealment of antennas and equipment within a single enclosure.
32. Utility pole means a structure designed and used primarily for the support of electrical wires, telephone wires, television cable, traffic signals, or lighting or streets, parking areas, or pedestrian paths.
33. Wireless means having no wires, operating by means of transmitted electromagnetic waves.

Through lot means a lot having frontage on two streets, including a lot at the intersection of two streets when the side streets of such lot form an internal angle of less than 45 degrees.

Trailer park, trailer court, mobile home park and public trailer camp. See Mobile home park.

Transit center means a facility serving transit patrons which may serve as a transfer point between different transportation modes and routes and providing parking.

Transitional housing means congregate living facilities for temporarily displaced individuals and families with an on-site resident manager, including, but not limited to, homeless and protective shelters. Detention and post-detention facilities, hospital, psychiatric and/or substance abuse and secure community transition facilities are not transitional housing.

Unclassified use means a use possessing characteristics of such unique and special form as to make impractical being automatically and consistently permissible in any defined classification or zone as set forth in this title.

Unclassified use permit means a limiting authority granted for an unclassified use at its particular location, and which limiting authority is required to apply or modify the controls stipulated in this title.

Unlicensed wireless services means commercial mobile services that operate on public frequencies and do not need an FCC license.

Use means the nature of the occupancy, the type of activity, or the character and form of improvements to which land is devoted or may be devoted.

Variance means an adjustment in the specific regulations of this title regarding a particular piece of property, granted due to deprivation of privileges commonly enjoyed by other properties in the same vicinity and zone, and remedies the disparity in privileges.

Well means a bored, drilled or driven shaft, or a dug hole whose depth is greater than the largest surface dimension, created for the purpose of withdrawing or injecting water or other liquids.

Wetland, emergent, means a regulated wetland with at least 30 percent of the surface area covered by erect, rooted, herbaceous vegetation extending above the water surface as the uppermost vegetative strata.

Wetlands, high quality, means those wetlands that meet the following criteria:

1. None, or isolated human alteration of the wetland topography;
2. No human-caused alteration of the hydrology, or the wetland appears to have recovered from such alteration;
3. Relatively little human-related disturbance of the native vegetation, or recovery from past disturbance;
4. Low coverage and frequency of exotic plant species;
5. If otherwise degraded, the wetland system still contains a viable and high-quality example of a native wetland community;
6. Has no known major water quality problems.

Wetlands, isolated, means those wetlands that are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream, and have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water.

Wireless communication facilities means wireless communication support structures, antennas, accessory equipment structures, and appurtenances used to transmit, receive, distribute, provide or offer personal wireless communication services, including the site on which such elements are placed. Wireless communication facilities include, but are not limited to, antennas, poles, towers, cables, wires, conduits, ducts, pedestals, vaults, buildings, electronic, and switching equipment.

Wireless communication service or personal wireless communication service means the sending and receiving of radio or microwave signals used for communication, including, but not limited to, cellular telephones, personal communications services (PCS), enhanced/specialized mobile radio (BMR), commercial paging services, and any other technology which provides similar wireless services, either licensed by the FCC or unlicensed.

Wireless communication support structure or wireless tower means a structure erected to support wireless communication antennas and connecting appurtenances, where the primary purpose is to elevate such elements above the surrounding terrain or structures, or as attached to an existing building or other permanent structures constructed as a freestanding. Wireless communication support structures may include, but are not limited to:

1. Guyed tower means any variety of wireless communication support structure, including, but not limited to, lattice towers or monopoles, using wire guys connecting above-grade portions of a communication support structure diagonally with the ground or structure on which the tower is placed, to provide support for wireless communication towers, antennas, and connecting appurtenances.
2. Lattice tower means a wireless communication support structure which consists of a network of vertical and horizontal supports and crossed metal braces, forming a tower which is usually triangular or square in cross section.
3. Monopole tower means a wireless communication support structure consisting of a single pole to support antennas and connecting appurtenances.

Yard means any open space other than a court, unoccupied and unobstructed from the ground upward, unless specifically permitted in this title.

Yard, front, means any area extending across the full width of the lot and lying between the front lot line and a line drawn parallel thereto, and at a distance there from equal to the required front yard depth.

Yard, rear, means any unoccupied space extending from the rear lot line to the nearest point of the roofed main building on the lot, and including the full width of the lot to its side line.

Yard, side, means any open area measured from the lot side line toward the center of the lot and extending from the rear line to the front line of the required yard parallel to the lot side line at a distance therefrom equal to the required side yard depth.

Zone means an area accurately defined as to boundaries and location on an official map and within which area only certain types of land uses are permitted, and within which other types of land uses are excluded.

(Ord. No. 19-03, § 9.2.01, 9-4-2019)

The following definitions apply to terms and conditions cited in RMC ch. 13.32, art. IV and shall precede any common definitions as included in RMC 13.40.020:

Appeal means a request for a review of the interpretation of any provision of this title or a request for a variance.

Area of shallow flooding means designated as AO, or AH zone on the flood insurance rate map (FIRM). AO zones have base flood depths that range from one to three above the natural ground; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow; AH indicates ponding and is shown with standard base flood elevations.

Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designations on maps always include the letters A or V.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the "100-year flood"). Base flood areas are designated on flood insurance rate maps by the letters A or V.

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which may produce, use, or store hazardous materials or hazardous waste.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.

Elevated building means, for insurance purposes, a non-basement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings or columns.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters from any source.

Flood insurance rate map (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood insurance study (FIS) means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this title found at RMC 13.32.1000 (i.e., provided there are adequate flood ventilation openings).

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.

New construction means structures for which the start of construction commenced on or after the effective date of the ordinance from which this title is derived.

Start of construction means substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure means a walled and roofed building, including a gas or liquid storage tank that is principally above ground.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement.

1. The term "substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:
   1. Before the improvement or repair is started; or
   2. If the structure has been damaged and is being restored, before the damage occurred.
   For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
2. The term "substantial improvement" can exclude:
   1. Any project for improvement of a structure to correct pre-cited existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
   2. Any alteration of a structure listed on the local or National Register of Historic Places or a state inventory of historic places.

Variance means a grant of relief from the requirements of this title that permits construction in a manner that would otherwise be prohibited by this title.

Water dependent means a structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.

(Ord. No. 19-03, § 9.2.02, 9-4-2019)

The following words, terms and phrases, when used in RMC ch. 5.12 and RMC 13.12.2210, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult entertainment means:

1. Any dance, amusement, show, display, exhibition, pantomime, modeling or any like performance of any type which 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 covered.
2. Any dance, amusement, show, display, exhibition, pantomime, modeling or any like performance of any type where such performance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation, or relation to the following sexual activities:
   1. Human genitals in a state of sexual stimulation or arousal;
   2. Acts of human masturbation, sexual intercourse, sodomy;
   3. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.
3. Any dance, amusement, show, display, exhibition, pantomime, modeling or any like performance of any type 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 performance 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.

Adult entertainment business means an adult arcade, adult bookstore, adult novelty store, adult video store, adult motion picture theater, and exotic dance studio, more specifically defined as follows:

1. Adult arcade means an establishment where, for any form of consideration, one or more still or motion picture projectors, like projectors, computer generated or enhanced pornography, panorama, peep show, or any other image-producing machines, for personal viewing, are used to show films, motion pictures, videocassettes, slides, or other photographic reproductions which provides materials for individual viewing by patrons on the premises of the business which are characterized by the depiction or description of nudity or specified sexual activities.
2. Adult bookstore, adult novelty store, or adult video store means a commercial establishment whose stock in trade, which is made available to the public for any form of consideration, is substantially or significantly comprised of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides, or other photographic reproductions or visual representations which are characterized by the depiction or description of nudity or specified sexual activities. It shall be a rebuttable presumption that 30 percent of a business’s stock in trade is considered substantial or significant.
3. Adult motion picture theater means a commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions characterized by the depiction or description of nudity or specified sexual activities are regularly shown for any form of consideration.
4. Exotic dance studio means a nightclub, bar, restaurant, or similar commercial establishment to which any member of the public is invited or admitted, and where an entertainer provides live adult entertainment performances to any member of the public.

Applicant control person means all partners, corporate officers and directors, and any other individuals in the applicant's business organization who hold a significant interest in the adult entertainment business, based on responsibility for management of the adult entertainment business.

Booth means a booth, cubicle, stall, room or enclosed space in an adult arcade that is designed, constructed or used to hold or seat a single individual.

Employee means any and all persons, including, but not limited to, managers, entertainers, and independent contractors, who work in or at, or render any services directly related to the operation of any adult entertainment business offering adult entertainment, whether or not such person is compensated by the operator of such business.

Entertainer means any and all persons who provide live adult entertainment in an adult entertainment business, whether or not the person is an employee of the operator of the adult entertainment business, and whether or not the operator of the business compensates such person.

Manager means any person who manages, directs, administers, or is in charge of the affairs and/or conduct or operation of any activity involving adult entertainment occurring at an adult entertainment business. The term "manager" shall include assistant managers.

Members of the public means any customer, patron, club member, or person, other than an employee as defined in this section, who is invited or admitted to an adult entertainment business.

Nude or nudity means:

1. Less than completely or opaquely covered or in such attire, costume, or clothing as to expose to view male genitals, female genitals, the pubic region, buttocks, anus, or any portion of the female breast below the top of the areola; or
2. Wearing any device or covering exposed to view which simulates the appearance of male genitals, female genitals, pubic region, buttocks, anus, or any portion of the female breast below the top of the areola.

On-site entertainment means adult entertainment that is provided on the premises of an adult entertainment business, whether or not provided for a fee or other consideration. The term "on-site entertainment" shall not include the sale or rental of adult books, magazines, novelties, or videos.

Operator means any person operating, conducting or maintaining an adult entertainment business.

Panorama or peep show means any device which, upon insertion of a coin or by any other means, exhibits or displays a picture or view by film, video, or any other means.

Specified sexual activities means:

1. The caressing, touching, fondling or other intentional or erotic touching of the pubic region, buttocks, anus, male genitals, female genitals, or female breasts of oneself or of one person by another;
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, flagellation, sodomy, bestiality, or any sexual acts which are prohibited by law;
3. Masturbation, actual or simulated;
4. Human genitals in a state of sexual stimulation, arousal or tumescence or visual state of sexual stimulation, arousal, tumescence, even if completely and opaquely covered;
5. Excretory functions as part of or in connection with any of the activities set forth in this definition.

(Ord. No. 19-03, § 9.2.03, 9-4-2019)