"Accessory dwelling unit"
shall mean a small separate living unit accompanying the main residence permitted on a lot of minimum size or larger for the purpose of housing guests, friends, and relatives and having its own living area, kitchen and toilet and bathing facilities. The total floor area of such a unit shall be a minimum of 190 net square feet and not exceed 50 percent of the total area of the main residence. The main residence shall be occupied by the property owner. See also "dwelling, accessory."
"Accessory structure or use"
means a structure or use, incidental, appropriate, and subordinate to the main use of the property, and which is located on the same lot or in the same building with the main use.
"Administrator"
means the city of Tonasket permit administrator or other individual duly appointed by the mayor.
"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, cathode ray tube (CRT) projectors, liquid crystal display (LCD) projectors, television monitors, computer terminals or other similar image producing machines are used to show films, motion pictures, video cassettes, slides, laser discs, digital video discs (DVDs), computer discs, internet sites, 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 entertainment"
means:
1.
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
2.
Any exhibition, performance, or dance intended to sexually stimulate any member of the public 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 herein as an adult arcade, adult cabaret, adult motel, adult motion picture theater, or adult retail store.
"Adult family home"
means a facility licensed pursuant to Chapter 70.128 RCW as the same exists now or may hereafter be amended. At the time that this title was adopted the RCW defined adult family home as "a regular family abode in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services."
"Adult motel"
means a hotel, motel, or similar commercial establishment which:
1.
Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, laser discs, digital video discs (DVDs), computer discs, internet sites or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas and that has a sign visible from the public right-of-way that advertises the availability of this type of sexually oriented materials; or
2.
Offers a sleeping room for rent for a rental fee period of time that is less than 10 hours; or
3.
Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.
"Adult motion picture theater"
means an enclosed commercial establishment where, for any form of consideration, motion pictures, films, video cassettes, slides, laser discs, digital video discs (DVDs), computer discs, internet sites, 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 its principal business purpose offers for sale or rent, for any form of consideration, any one or more of the following:
1.
Books, magazines, periodicals, or other printed materials or photographs, films, motion pictures, video cassettes, slides, laser discs, digital video discs (DVDs), computer discs, internet sites, 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
2.
Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.
"Agricultural equipment" and "agricultural facilities"
include, but are not limited to: (1) the following used in agricultural operations: equipment; machinery; constructed shelters, buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and facilities including, but not limited to, pumps, pipes, tapes, canals, ditches, and drains; (2) corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands; (3) farm residences and associated equipment, lands, and facilities; and (4) roadside stands and on-farm markets for marketing fruit or vegetables.
"Agricultural products"
includes, but is not limited to, horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within 20 years of planting; and livestock including both the animals themselves and animal products including, but not limited to, meat, upland finfish, poultry and poultry products, and dairy products.
"Agriculture" and "agricultural activities"
means agricultural uses and practices including, but not limited to: producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities; provided, that the replacement facility is no closer to the OHWM than the original facility; and maintaining agricultural lands under production or cultivation. Agriculture and agricultural activities are divided into two general categories:
1.
Commercial.
Agriculture on a commercial scale as the primary source of income for the landowner; and
2.
Hobby.
Agriculture conducted on a small scale as a supplement to the landowner's income.
"Agriculture related industry"
means:
1.
Packaging plants that may include but are not limited to the following activities: washing, sorting, milling, crating, canning, freezing and other functional operations such as drying, field crushing or other preparation in which the chemical and physical composition of the agricultural product remains essentially unaltered. Processing activities such as slaughterhouses, animal reduction yards, and tallow works shall not be considered packaging plants.
2.
Processing plants that may include but are not limited to those activities which involve the pasteurization, fermentation or other substantial chemical and physical alteration of agricultural products. Activities such as slaughterhouses, animal reduction yards and tallow works shall not be considered processing plants.
3.
Storage facilities that may include those activities which involve the warehousing (dry, cold, controlled atmosphere and/or wet) of processed and/or packaged agricultural products.
"Airport"
means the Tonasket Municipal Airport.
"Airport elevation"
means 1,311 feet above mean sea level. This elevation is used as the primary datum for measuring allowable height limitations for obstructions.
"Airport hazard"
means any structure, tree, mobile object or large animal, or congregation of birds moving through or located at the airport or its vicinity, or use of land that obstructs the air space required for the flight of aircraft landing or taking off, or is otherwise hazardous to such landing or taking off of aircraft.
"Alley"
means a narrow street, dedicated for public use, used primarily for vehicular access or utility installation to the rear or side of properties otherwise abutting on another public street which usually affords only a secondary means of access to property abutting thereon.
"Amateur radio tower and antenna"
means an antenna and tower that transmits noncommercial communication signals and is licensed as an amateur radio tower by the Federal Communications Commission. Guy wires for amateur radio towers are considered part of the structure for the purposes of meeting development standards.
"Animal (veterinary) clinic/hospital"
means a facility used for veterinary care of sick or injured animals primarily within the confines of the principal structures. The boarding of animals is limited to short-term care, and is accessory to the principal use. This definition does not include kennels.
"Animal feeding operation" or "AFO"
means a lot or facility (other than an aquatic animal production facility) where the following conditions are met:
"Animal shelter"
means a building or structure (including external fenced cages or yards) for the care of lost, abandoned, homeless or injured animals, whether domestic or wild. (See also "kennel.")
"Antenna"
means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals.
1.
"Omni-directional antenna" (also known as a "whip antenna") means an antenna that transmits and receives radio frequency signals in a 360-degree radial pattern. For the purpose of this chapter, an omni-directional antenna is up to 15 feet in height and up to four inches in diameter unless otherwise provided for in conformance with RCW 35.21.315.
2.
"Directional antenna" (also known as a "panel antenna") means an antenna that transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees.
3.
"Parabolic antenna" (also known as a "dish antenna") means a bowl-shaped device for the reception and/or transmission of radio frequency communications signals in a specific directional pattern.
"Apartment house"
means a building or portion thereof, designed and intended for occupancy by three or more families living independently of each other. This definition includes apartment hotels and group dwellings.
"Appeal"
means a request for a review of the interpretation of any provision of this title or Chapter 18.06 TMC.
"Assisted living facility"
means a type of licensed boarding home operating in accordance with an assisted living services contract with the Department of Social and Health Services offering a package of services, including personal care and limited nursing. Such facilities may include housing for the resident in a private apartment-like unit.
"Automobile wrecking yard"
means an area in which is conducted the dismantling and/or wrecking of used motor vehicles, machinery, or trailers, or the storage or sale of dismantled, obsolete, or wrecked vehicles or their parts or the storage of motor vehicles unable to be moved under the power of the vehicle.
"Average grade level"
means the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure; provided, that in the case of structures to be built over water, average grade level shall be the elevation of ordinary high water. Calculation of the average grade level shall be made by averaging the ground elevations at the center of all exterior walls of the proposed building or structure.
(Ord. 778 § 2 (Exh. A), 2017)