The following words, terms, and phrases, when used in Title 25 of the Ruston Municipal Code, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning. When not inconsistent with the context, words used in the present tense include the future; the singular tense includes the plural, and the plural the singular; the feminine incudes the masculine and the masculine includes the feminine; the term "shall" or "must" is always mandatory and the term "may" denotes a use of discretion in making a decision.

(Ord. 1591 § 19, June 17th, 2025).

"Accessory dwelling" or "accessory living quarters" means a separate additional living unit including separate kitchen, sleeping, and bathroom facilities, attached or detached from the primary residential unit, on a residential lot.

(a)

Attached. Attached auxiliary dwelling units, contained within a primary residential unit, are usually known as mother-in-law or accessory apartments or second units. Attached auxiliary dwelling units usually involve renovation of a basement, attached shed or garage, or similar space in a residential unit.

(b)

Detached. Detached auxiliary dwelling units are structurally independent from the primary residential unit and are a habitable living unit that provides basic requirements for living, sleeping, eating, cooking and sanitation.

"Accessory structure" means a structure incidental to a permitted principal use; provided, that such use or structure shall be located on the same lot as the principal structure. If an accessory structure meets the definition of "accessory dwelling" or "accessory living quarters," then regulations and standards for "accessory dwelling" or "accessory living quarters" will apply.

"Accessory use" means a use, which is subordinate to, and the use of which is incidental to, that of the main building, structure or use on the same lot, including private garages, storage sheds, and greenhouses.

"Adjacent districts" means one use district is considered adjacent to another if they share a property line or touch at a common point. Use districts are also considered adjacent if they are across a street or alley from one another and within 100 feet of each other. When adjacency applies across a street or alley, the conditions associated with being adjacent shall apply to the first 100 feet of the district in question as measured from the right-of-way line.

"Administrative design review" means a development permit process whereby an application is reviewed, approved, or denied by the planning director's designee based solely on objective design and development standards without a public pre-decision hearing, unless such review is otherwise required by State or federal law, or the structure is a designated landmark or historic district established under a local preservation ordinance. A city may utilize public meetings, hearings, or voluntary review boards to consider, recommend, or approve requests for variances from locally established design review standards.

"Adult arcade" means a commercial establishment containing individual viewing areas or booths where, for any form of consideration, including a membership fee, one or more still or motion picture projectors, slide projectors, or other similar image producing machines are used to show films, motion pictures, video cassettes, CDs, DVDs, Blu-Ray disks, digital files, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

"Adult cabaret" means a nightclub, bar, restaurant, tavern, or other similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment.

"Adult day care" or "community care facility for adults" means a facility, licensed by the City, State, or County, that cares for at least 16 individuals, 18 years or older, with functional disabilities, which, in addition to providing food and shelter, may also provide some combination of assistance with activities of daily living ("ADL"), as defined in WAC 388-78A-010. Such facility may provide additional services such as social counseling services and transportation.

"Adult entertainment" means:

(a)

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

(b)

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

"Adult entertainment facility" means a commercial establishment defined as an adult arcade, adult cabaret, adult motel, adult motion picture theater, adult retail store, or other adult entertainment facility.

"Adult family home" means a family abode, licensed by the City, State or County, or a person or persons who are providing assistance with activities of daily living ("ADL"), as defined in WAC 388-78A-010, room and board to more than one but not more than six adults, 18 years or older, with functional disabilities who are not related by blood or marriage to the person or persons providing the service.

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

(a)

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

(b)

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

(c)

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.

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

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

(a)

Books, magazines, periodicals or other printed materials, or photographs, films, motion pictures, video cassettes, CDs, DVDs, Blu-Ray disks, digital files, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or

(b)

Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.

For the purpose of this definition, the term "principal business purpose" shall mean the business purpose that constitutes 50 percent or more of the stock in trade of a particular business establishment. The stock in trade of a particular business establishment shall be determined by examining either: (a) the retail dollar value of all sexually oriented materials compared to the retail dollar value of all non-sexually oriented materials readily available for purchase, rental, view, or use by patrons of the establishment, excluding inventory located in any portion of the premises not regularly open to patrons; or (b) the total volume of shelf space and display area reserved for sexually oriented materials compared to the total volume of shelf space and display area reserved for non-sexually oriented materials.

"Airport, heliport or air field" means any runway, landing area or other facility whether publicly or privately owned and operated, which is designed, used, or intended to be used either by public carriers or by private aircraft, for landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie-down area, hangars and other necessary buildings and open spaces, but not including manufacturing, servicing or testing facilities located in the vicinity of any landing area associated with the manufacturing or testing of commercial or military aircraft or activities associated therewith.

"Alley" means an improved thoroughfare or right-of-way, whether public or private, usually narrower than a street, that provides vehicular access to an interior boundary of one or more lots and is not designed for general traffic circulation.

"Alteration" means any change, addition or modification in construction or occupancy or any change, addition or modification to a site, building or occupancy.

"Amendment" means a change in the wording, context or substance of this zoning code, or change in the zone boundaries on the zoning map that must be adopted by the City Council as an ordinance.

"Apartment" means a building or a portion of a building arranged or designed to be occupied by three or more families living independently of each other.

"Automobile repair, major" means rebuilding or reconditioning of motor vehicles or trailers including trucks over one and one-half tons capacity; collision service including body, frame or fender straightening or repair; overall painting or paint shop; automobile wrecking when within an enclosed building.

"Automobile repair, minor" means general motor repair, replacement of new or reconditioned parts to passenger automobiles and trucks not exceeding one and one-half tons capacity, but not including any operations specified under "automobile repair, major."

"Automobile service station" means a use which provides for the servicing of passenger automobiles and trucks not exceeding one and one-half tons capacity and operations incidental thereto, but not including body repair, painting, or automobile wrecking.

"Automobile wrecking" means any dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts.

"Automotive fuel dispensing facility" means any facility that is used for the sale of gasoline or other motor fuels, oil, lubricants and auto accessories, and may or may not include washing, lubricating and other minor services. Painting and/or body work activities are not allowed.

"Average lot grade." See "lot grade."

(Ord. 1591 § 19, June 17th, 2025).

"Basement" means a story of a building that is greater than 50 percent underground.

"Best management practices" means conservation practices or systems of practices and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxins, and sediment; and minimize adverse impacts to surface water and groundwater flow, to circulation patterns, and to the chemical, physical, and biological characteristics of wetlands.

"Buffer" means a unit of land, together with a specified type and amount of landscaping, which may be required between land uses to eliminate or minimize conflict between them.

"Buffer, wetland" means an area which is an integral part of a stream or wetland ecosystem or which provides shading, input of organic debris and coarse sediments, room for variation in stream or wetland boundaries, habitat for wildlife, and protection from harmful intrusion as necessary to minimize public harm suffered when the functions and values of wetlands are degraded.

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

"Building, enclosed" means a building enclosed on all sides with wall and roof and having no openings other than closeable, glazed windows and doors and vents.

"Building envelope" means the area of a lot that delineates the limits of where a building would be placed on the lot as defined by the setback requirements.

"Building site" means a parcel of land assigned to a use, to a main building, or to a main building and its accessory buildings, together with all yards and open spaces required by this zoning code. A building site may be comprised of one lot, a combination of lots, or a combination of lots and fractions of lots.

"Bulk" means the size and location of buildings and structures in relation to the lot. Bulk regulations generally include height of building, lot area, front, side and rear yards, and lot coverage.

(Ord. 1591 § 19, June 17th, 2025).

"Church" means an establishment which is principally devoted to religious worship, which may include accessory uses such as Sunday school rooms, religious education classrooms, assembly rooms, a library and residences on site for clergy. The definition of "church" also includes temple, mosque, synagogue, or other similar religious facility.

"Classification" means defining categories to which natural resource lands and critical areas are assigned.

"Clinic" means a building or portion of a building containing offices for providing medical, dental, psychiatric or chiropractic services for outpatients only, but not including the sale of drugs or medical supplies.

"Commercial (business)" means the purchase, sale, or offering for sale services, substances or commodities in office buildings, offices, structures or premises.

"Commercial child care, day care centers, preschools, nurseries, or kindergarten centers" means a State-licensed facility operated by any person, firm, association, or other business entity which regularly provides day care only in other than a family setting to a group of 13 or more persons whether for compensation or not.

"Commercial parking lot" means an off-street parking area, a majority of which is available to the public, and such parking is the primary use of the site.

"Commercial shopping center" means a master planned development, approved commercial site plan, binding site plan, or commercial subdivision, comprised of one or more parcels of land which is at least one acre in area and which also contains commercial uses as the primary use of the site.

"Commercial vehicle" means any vehicle, trailer, boat, tractor or other heavy equipment, or shipping container which meets one or more of the following criteria: (1) Is licensed and/or is designed to obtain a gross vehicle weight of 11,500 pounds or more, (2) has a total height of more than eight feet, six inches. Government and utility service vehicles are not included within this definition.

"Conditional use" means a use listed among those classified in any given zone but permitted to locate only after review by the City Council and the granting of a conditional use permit which review shall ensure that the use, if approved, will be compatible with other permitted uses in the same vicinity and zone.

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

"Convenience store" means any retail establishment offering for sale prepackaged food products, household items, newspapers, magazines, sandwiches or freshly prepared foods, such as salads, for off-site consumption.

"Country club" means an incorporated or unincorporated association of persons organized for social and recreational purposes, such as golf clubs, tennis clubs, etc.

"Critical aquifer recharge area" means those areas that have been identified as having a critical recharging effect on aquifer use for potable water in community water systems.

"Critical areas" means one or a combination of wetlands, critical aquifer recharge areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat conservation areas.

(Ord. 1591 § 19, June 17th, 2025).

"Dedication" means the transfer of property interests from private to public ownership for a public purpose. The transfer may be a fee-simple interest or of a less than fee interest, including an easement.

"Designation" means formal adoption of a policy statement which establishes for planning purposes: the classification scheme; the general distribution, location and extent of the uses of land, where appropriate, for agriculture, forestry, and mineral extraction; and the general distribution, location and extent of critical areas.

"Development" means the construction or reconstruction of a structure or other modifications of the natural landscape above and below ground or water on a particular site.

"Development regulations" means the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city.

"Director" means the City of Ruston Planning and Community Development Director or designee.

"Drive-in facility" means a use or occupancy of commercial premises where all or a substantial portion of the business will consist of consumption of food or beverage in or about motor vehicles temporarily parked on the premises.

"Drive-through facility" means a use or occupancy of commercial premises where the purchaser of the goods or services offered will operate a motor vehicle on the premises in the course of receiving the same.

"Dwelling" means any building or portion thereof which is designed or used for residential purposes.

"Dwelling, accessory" or "accessory living quarters" see "accessory dwelling" above. "Dwelling, cottage housing" means residential units on a lot with a common open space that either: (a) Is owned in common; or (b) has units owned as condominium units with property owned in common and a minimum of 20 percent of the lot size as open space.

"Dwelling, courtyard building" means attached dwelling units arranged on two or three sides off a central courtyard that faces and is accessed from the street.

"Dwelling, duplex - stacked" means detached house-scaled building consisting of two stacked dwelling units which both face and are accessed from the street and are contained within a single building, typically up to two and one-half stories in height.

"Dwelling, duplex - side by side" means a small-to-medium sized, detached, house-scaled building consisting of two side-by-side dwelling units which both face and are accessed from the street and are contained within a single building, typically up to two and one-half stories in height.

"Dwelling, fourplex" means a small-to-medium sized, detached, house-scaled building typically up to two and one-half stories in height, consisting of four dwelling units, two on each floor. All four units either share a common entry, or groups of two units may share a common entry. All entries must face and be accessed from the street.

"Dwelling, fiveplex" means a small-to-medium sized, detached, house-scaled building consisting of five units within a single building, typically up to two and one-half stories in height. These units have either a shared common entry or individual entries. All entries must face and be accessed from the street or a shared forecourt.

"Dwelling, high-rise multifamily" means a medium-to-large sized, multifamily building consisting of four or more habitable stories. These units typically have a shared common entry. All entries must face and be accessed from the street or a shared forecourt.

"Dwelling, single-family" means a detached building containing one dwelling unit that has an entry that faces and is accessed from the street.

"Dwelling, sixplex" means a small to medium sized, detached, house scaled building typically up to two and one-half stories in height, consisting of six units, three on each floor. These units share a common entry that faces and is accessed from the street.

"Dwelling, rowhouse" building means a small sized, attached, house-scaled building consisting of at least three individual units with common walls. Each townhouse unit is typically two to three stories in height and has its own entry that faces and is accessed from the street.

"Dwelling, stacked flat" means dwelling units in a residential building of no more than three stories on a residential zoned lot which each floor may be separately rented or owned.

"Dwelling, townhouse", means buildings that contain three or more attached single-family dwelling units that extend from foundation to roof and that have a yard or public way on not less than two sides.

"Dwelling, triplex" means a small-to-medium sized, detached, house-scaled building consisting of three dwelling units which are entered from the street and are contained within a single building, typically up to two and one-half stories in height.

"Dwelling unit" means a room or rooms located within a building, designed, arranged, occupied or intended to be occupied by not more than one family as living accommodations independent of any other family. The existence of a food preparation/sanitation area within such room or rooms shall be evidence of the existence of a dwelling unit.

(Ord. 1591 § 19, June 17th, 2025).

"Easement" means the authorization by a property owner of the use by another and for a specified purpose of any designated part of his property.

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

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

"Erosion" means the process by which soil particles are mobilized and transported by natural agents such as wind, rain, frost, or surface water flow.

"Excavation" means any action by which any rocks, sand, gravel, stone, earth, topsoil, peat, minerals or other natural resources are removed for the purpose of disposition away from the immediate premises whether such disposition is immediate or in the future.

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

"Exterior storage" means the storage of fuel, raw materials, products, and equipment outside of an enclosed building.

(Ord. 1591 § 19, June 17th, 2025).

"Family" means one or more persons, either related or unrelated, occupying a dwelling unit and living together as a single housekeeping unit.

"Family day care home" means a child day care facility located in the family abode of the person or persons under whose direct care and supervision the child is placed, for the care of 12 or fewer children, including children who reside at the home.

"Fence" means a wall or a barrier composed of any living or nonliving materials including, but not limited to, posts connected by boards, rails, panels, or wire for the purpose of enclosing space or separating parcels of land from each other and from the public right-of-way, but not including retaining walls.

"Fill" means the depositing on land, whether submerged or not, of sand, gravel, earth, or other materials of any composition whatsoever.

"Fish and wildlife habitat conservation areas" means all lands with priority species, priority habitats and habitats of species of local importance as defined by the Washington Department of Wildlife; naturally occurring ponds over one-half acre and their wildlife habitat; lakes, ponds, streams, and rivers planted with game fish defined by RCW 77.09.020.

"Frequently flooded areas" means floodplains and other areas subject to a one percent or greater chance of flooding in any given year also known as a "100-year flood."

"Front yard." See "Yard, front."

"Frontage, street." See "Street frontage."

(Ord. 1591 § 19, June 17th, 2025).

"Garage" means a building or portion of it designed and used for storage of tools, building materials, and miscellaneous items and storage and repair or service of motor vehicles.

"Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to development.

"Government facilities" means schools, libraries, police stations, fire stations and other governmental or public offices or institutions serving nearby residents.

"Grading" means the movement of earth or soil or other activity which is intended to create a building grade.

"Gross floor area" means all interior building areas, excluding parking and mechanical areas.

(Ord. 1591 § 19, June 17th, 2025).

"Height (of a building or structure)" means the vertical distance measured from the lot grade to the highest point of the roof surface, and from this point drawn horizontally and not along the contours of the lot.

"Heliport." See "Airport."

"Home occupation" means any business, profession, occupation, or trade located entirely within a residential building, or structure accessory thereto, which use is incidental and secondary to the use of the building for dwelling purposes and does not change the essential residential character or appearance of such building.

"Homeowner's association" means a group of persons organized as an association, corporation or other entity which represents homeowners residing in a subdivision or other development entity. A homeowner's association need not have any official status as a separate legal entity under the laws of the State of Washington.

"Hospital" means an institution, whether a building or group of buildings, designed and used for the medical and surgical diagnosis and treatment (temporary and emergency services included) and housing of persons under the care of doctors and nurses providing general medical care, as distinguished from treatment of mental and nervous disorders and alcoholics, and specifically excluding rest homes, nursing homes, and convalescent homes.

"Hotel" means a building or portion thereof designed or used for the lodging with or without meals of six or more persons for compensation. A central kitchen and dining facility and accessory shops and services catering to the general public may be provided. Institutions housing persons under legal restraint or requiring medical attention or care shall not be considered hotels.

(Ord. 1591 § 19, June 17th, 2025).

"Impervious surface" means a surface which does not absorb water, including buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete or asphalt.

"Infrastructure" includes water, sanitary sewer, roads (including sidewalks), storm sewer, electrical systems, street lighting and similar systems.

"Interior lot line" means the boundary line of a lot which separates one lot from another.

(Ord. 1591 § 19, June 17th, 2025).

Reserved.

Reserved.

"Light industrial" developments involve research and technological processes and the processing and handling, and creating of products all of which are distinguished from heavy industrial fabrication since they are largely devoid of nuisances or hazards.

"Live-work unit" means a two to three story residential-scale mixed-use building designed to accommodate both residential living and commercial activities within the same premises. These units are intended to provide a flexible environment where residents can live and conduct business activities, such as operating a home office, studio, or small-scale retail space. Typically, commercial activity occurs on the ground floor, with residential use above.

"Lot" means a platted or unplatted parcel of land unoccupied, occupied or intended to be occupied by a principal use or building and accessory buildings, together with such yards and open spaces as are required by the zoning code, which has direct legal access to a street or has access to a street over an easement approved by the City.

"Lot area" means the area within the boundary lines of a lot.

"Lot coverage" means that portion of a lot occupied by the principal building and its accessory buildings, including all structures greater than three feet in height.

"Lot grade" means the average level of the undisturbed native soil at the outermost corners of the building envelope shall be considered lot grade (sum of the elevations at the corners of the building envelope divided by the number of corners). For the purposes of this section, the U.S. EPA Superfund Cleanup finished excavation, fill, final grading and completion of land work shall be considered existing native soil for the purpose of building height requirements as specified by the City of Ruston. (Refer to RMC 25.01.040, Illustration A, Determination of Lot Grade.)

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

"Lot of record" means a single platted lot which is a part of a plat which has been recorded as required by the laws of the State of Washington, in the office of the Auditor of the County of Pierce.

(Ord. 1591 § 19, June 17th, 2025).

"Major transit stop" means:

(a)

A stop on a high capacity transportation system funded or expanded under the provisions of Chapter 8.104 RCW;

(b)

Commuter rail stops;

(c)

Stops on rail or fixed guideway systems;

(d)

And stops on bus rapid transit routes, including those stops that are under construction. "Manufactured home" means a dwelling unit constructed after June 15, 1976, in accordance with United States Department of Housing and Urban Development requirements for manufactured housing and bearing the appropriate insignia indicating such compliance.

"Maps (critical areas)" means those maps maintained by the City of Ruston for the purpose of graphically depicting the boundaries of resource land and critical areas.

"Marine-related uses" includes the following:

(a)

"Marinas and boat launch facilities" means any publicly or privately owned and operated facility which is designed, used, or intended to be used either by public or private pleasure craft, boats or marine vessels for permanent or transient mooring, dry dock, or storage but does not include floating homes, meaning a structure designed and operated substantially as a permanently-based structure and not as a vessel and typically characterized by permanent utilities and a semi-permanent anchorage/moorage design and by the lack of adequate self-propulsion to operate as a vessel.

(b)

"Marine repair, major" means rebuilding or reconditioning of marine vehicles or trailers, including collision service; in-water finishing work, body work or bottom cleaning; frame straightening or repair; overall painting; and marine wrecking when conducted within an enclosed building.

(c)

"Marine repair, minor" means general repair, replacement of new or reconditioned parts, painting and refinishing work that does not require in-water operations, and other work that can be considered minor and is not specified under "marine repair, major."

(d)

"Marine service station" means a marine sales and service use in which fuel for boats is sold; and where accessory uses including, but not limited to, towing or minor vessel repair may also be provided.

(e)

"Marine sales and service" means commercial use which includes one or more of the following uses: sale or rental of boats; marine service station; major or minor vessel repair.

(f)

"Marine research and development laboratories" means any publicly or privately owned and operated facility which is designed and used to collect data, conduct experiments, or apply scientific research in a marine environment.

"Mayor" means the Mayor of the City of Ruston or the Mayor's designee.

"Middle housing" means buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing.

"Mineral lands" means lands of long-term commercial significance for the extraction of aggregate and mine resources, including sand, gravel, and valuable metallic substances.

"Mixed use building" means a building designed or intended to be used for more than one type of principal use, e.g., retail and office uses, with or without residential uses above or behind the primary ground-level sales, service or office use.

"Mobile food vending" means temporary outdoor food sales, kiosks, sidewalk vendors or semi-permanent portable outdoor mobile and relocatable food service facilities that range from small snack stands to extensive full-service kitchens. The outdoor mobile food service facilities may be fully contained or may be connected to utilities, and must be built to meet local health and fire codes. The outdoor food service facilities may have the look of a permanent structure.

"Mobile home" means a dwelling unit transportable in one or more sections that are eight feet or more in width and 32 feet or more in length, built on a permanent chassis, designed to be used as a permanent dwelling unit and constructed before June 15, 1976.

"Mobile home park" means a parcel of land designed and improved to accommodate two or more mobile homes on a permanent basis.

"Modular home" means a dwelling unit constructed in a factory in accordance with the International Building Code and bearing the appropriate fold insignia indicating such compliance. The term includes "pre-fabricated," "panelized" and "factory-built" units.

"Motel" means a group of attached or detached buildings containing individual sleeping units, a majority of such units open individually and directly to the outside, including tourist courts, motor courts, and motor lodges.

"Multiple-use project" means a development containing two or more principal uses located in one or more structures.

(Ord. 1591 § 19, June 17th, 2025).

"Nonconforming building" means a building which was lawfully established and maintained but which, because of the application of this zoning code, no longer conforms to the use regulations of the zone in which it is located.

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

"Nursery or garden center" means an enterprise which conducts the retail and wholesale sale of plants, as well as accessory items directly related to plant care and maintenance (excluding farm equipment).

"Nursery school." See "Preschool."

"Nursing, convalescent or retirement home" means an establishment which provides full-time convalescent or chronic care or both for three or more individuals who are not related by blood or marriage to the operator and who, by reason of chronic illness or infirmity, are unable to care for themselves. The nursing or retirement home does not provide surgical or obstetrical services, nor shall a hospital or sanitarium be construed as a nursing or retirement home.

(Ord. 1591 § 19, June 17th, 2025).

"Office building" means a building primarily designed for professional office uses.

"Open space" means generally a portion of the area of a site, other than required yards, which is required by this zoning code to be maintained free of impervious surfaces, although it may include features for public use such as community buildings, swimming pools, trails, tennis courts, and parking (when specifically provided for public users of the open space).

"Open space, common" means that area permanently owned in common or held for use by more than one individual property owner or resident for recreational use, landscape buffering, preservation of sensitive areas or other publicly beneficial uses. Common open space does not include the uncovered portions within any road right-of-way.

"Open space, dedicated" means that area permanently dedicated to the City and held for public use or interest as part of the City's comprehensive open space system.

"Open space, parcel" means the sum of the common and private open spaces within a given development parcel.

"Open space, private" means that open space within a privately owned lot.

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

(Ord. 1591 § 19, June 17th, 2025).

"Park" means land in public use and ownership that is used for active and passive recreation including, but not limited to, local and regional parks, playgrounds, ball fields, water access facilities and nonmechanical boat launches.

"Parking facility" is any development that meets the definition of parking structure, parking garage or parking lot.

"Parking lot" is defined as an outdoor area used for the parking of more than four motor vehicles. "Parking lot" does not include driveways for single-family residential development.

"Parking structure" or "parking garage" is defined as any public or private facility for the covered or partially covered parking of automobiles. It may be a stand-alone facility or may be located in a building also used for other purposes. It includes facilities which may or may not offer spaces for rent or other fee to the general public, and facilities which offer automobile parking space solely to building tenants, customers, or the general public or any combination thereof. The definition excludes structures or garages which offer fewer than four automobile spaces.

"Permanent supportive housing" means subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community-based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in Chapter 59.18 RCW.

"Permitted use" means a use authorized or permitted alone or in conjunction with another use in a specified zone and subject to the limitations and regulations of such zone.

"Plat" means the map or representation of a subdivision.

"Preschool" or "nursery school" means a public or private school for children from ages two to six, including accessory playgrounds and athletic fields.

"Primary school" means a public or private Washington State-approved K-8 school, including accessory playgrounds and athletic fields.

"Professional office" means a service business, rather than the production, distribution and/or retail sales of goods or commodities. The services provided are provided by qualified professionals and are generally professional, educational, administrative, financial or governmental in nature. Some examples include accountants, architects, dentists, doctors, engineers, financial advisors, health care providers, and lawyers.

"Public and private schools" means a public or private Washington State-approved primary or secondary school, including athletic fields; vocational and trade schools; and colleges or universities.

"Public utility" means a private business organization such as a public service corporation performing some public service and subject to special governmental regulations, or a governmental agency performing similar public services, the services by either of which are paid for directly by the recipients thereof, including water supply, electrical power, gas and transportation, telephone, and other transmission services.

(Ord. 1591 § 19, June 17th, 2025).

"Qualified professional" means a person licensed in the applicable occupation, or any other person or combination of people, with a level of education, experience and expertise in the field or discipline appropriate for the relevant subject matter as determined by the Mayor and the City Council.

(Ord. 1591 § 19, June 17th, 2025).

"Residential use" means a type of, or an intended use of, a building or structure designed to provide a place of abode for human beings, but not including hotels or motels.

"Recreational facility" means a country club, golf course, tennis club, swimming club, archery club, or other similar athletic club; bowling alleys, arcades, fraternal or community clubs, indoor ice skating rinks, sports arenas, auditoriums and theaters, but specifically excluding adult entertainment facilities.

"Restaurant" means an establishment that prepares and serves food and beverages.

"Required yard" means the area between the lot line and required setback.

(Ord. 1591 § 19, June 17th, 2025).

"Sales level 1" means retail sales such as grocery stores, convenience stores, hardware stores, variety stores, antique stores, nurseries, pharmacies, bakeries, flower shops, theatres, and similar general retail and entertainment uses, except those uses listed in sales level 2.

"Sales level 2" means sales of automobiles, trucks, motorcycles, recreational vehicle, boats, trailers, heavy equipment sales and rentals, outdoor bulk sales of building and landscaping supplies, and pawnshops.

"Secondary school" means a public or private Washington State-approved 9-12 school, including athletic fields.

"Services level 1" means businesses engaged in servicing, repair or maintenance of small personal items such as shoes, small appliances, computers, watches and clocks, jewelry and clothing, or which provide specialized services or skills such as barber shops, hair salons, nail salons and all professional office services, except those listed in services level 2 or 3.

"Services level 2" means minor automobile repair, major automobile repair, automobile service stations, automotive fuel dispensing facilities tattoo parlors, and body piercing shops.

"Services level 3" means automobile wrecking facilities, bail bonds service and payday loan facilities.

"Setback" means the distance that buildings must be removed from their lot lines.

"Sexually oriented materials" means any books, magazines, periodicals or other printed materials, or any photographs, films, motion pictures, video cassettes, CDs, DVDs, Blu-Ray disks, digital files, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

"Short term rental" means a residential dwelling unit used for short-term transient occupancy (for periods less than 30 days). The residential dwelling unit may be either a single family home or an approved accessory dwelling unit.

"Single-family zones" means those zones where single-family detached residences are the predominant land use.

"Site area" means that area of land associated with a certain development application.

"Site plan." See RMC 25.01.140.

"Specified anatomical areas" means and includes any of the following:

(a)

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

(b)

Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola.

"Specified sexual activities" means and includes any of the following:

(a)

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

(b)

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

(c)

Masturbation, actual or simulated; or

(d)

Excretory functions as part of, or in connection with, any of the sexual activities specified in this definition.

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, except that the highest story is that portion of the building included between the highest floor surface and the ceiling above.

"Street frontage" means the boundary of a lot separating such lot from an abutting street.

"Structural alteration" means any change in either the supporting members of a building, such as bearing walls, columns, beams, and girders, or in the dimensions or configurations of the roof or exterior walls.

"Structure" means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

"Subdivision" means the division or re-division of land into two or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. (Note: For purposes of this zoning code, the term, "subdivision" includes the short subdivision of land as described in RCW 58.17.020).

(Ord. 1591 § 19, June 17th, 2025).

"Temporary encampment" means a transient or interim gathering or community comprised of temporary enclosures, which may include common areas designed to provide food, living, and sanitary services to occupants of the encampment; provided, that this definition shall not include recreational encampments of less than ten days in duration.

"Temporary enclosures" means tents and other forms of portable shelter that are not permanently attached to the ground, are intended to be erected and dismantled, and are intended for temporary outdoor occupancy. "Temporary enclosures" shall provide protection from the elements, shall be comprised of flame-resistant material or treated with flame retardant in an approved manner, shall be elevated above and shall not allow direct contact with the bare ground, shall allow for means of unobstructed ingress and egress, shall protect against the entry of rodents and insects, and shall contain at least one window to allow for ventilation.

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

"Transitional use" means a land use that is not otherwise permitted in a given zone, but may be allowed on lots that provide a physical or functional transition between zoning districts, subject to specific locational criteria intended to promote compatibility between different land uses.

"Transportation and utility facility" means public or private facilities which include bus terminals; taxi headquarters; maintenance garages; principal use parking facilities; park-and-ride facilities; radio and television stations; telephone exchanges; cable television facilities; other communication facilities; water and distribution and storage facilities; electric substations; sewage collection, pumping and treatment facilities; rail right-of-way and natural gas distributions.

(Ord. 1591 § 19, June 17th, 2025).

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

"Utility" means services such as water supply, electric power, natural gas, communication, and sanitary sewers and the provider of such services.

"Utility line" means pipe, conduit, cable, and other similar means or facilities by which utility services are conveyed.

"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.

(Ord. 1591 § 19, June 17th, 2025).

"Variance" means an adjustment in the specific regulation of this title regarding a particular piece of property as provided in RMC 25.01.140.

(Ord. 1591 § 19, June 17th, 2025).

"Washington State Wetland Rating System" means the four-tier rating system developed by the State Department of Ecology and included in its "Model Wetlands Protection Ordinance" of 1990.

"Wetland or wetlands" means 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. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas created to mitigate conversion of wetlands.

(Ord. 1591 § 19, June 17th, 2025).

Reserved.

"Yard" means any front, rear or side yard.

"Yard, front" means a yard extending the full width of the front of a lot between the front street line and the front building line.

"Yard, rear" means the yard extending the full width of the lot in the area between the rear lot line and the rear building line.

"Yard, side" means a yard extending the full length of the lot in the area between a side lot line and a side building line.

(Ord. 1591 § 19, June 17th, 2025).

Reserved.