Chapter 18.04 DEFINITIONS*

* Prior legislation: Ords. 515, 515B and 734.
At the direction of the city in August, 1998, this chapter was renumbered to accommodate amendments and expansion.

18.04.005 Generally.

For the purpose of this zoning code, certain words and terms used in this title are defined as set out in this chapter. (Ord. 747 § 1, 1997; Ord. 740 § 2, 1997).

18.04.010 “A”.

“Abandonment” means to:

A. Cease operation for a period of 60 or more consecutive days;

B. Reduce the effective radiated power of an antenna by 75 percent for 60 or more consecutive days;

C. Relocate an antenna at a point less than 80 percent of the height of an antenna support structure; or

D. Reduce the number of transmissions from an antenna by 75 percent for 60 or more consecutive days.

“Accessory building” is a building secondary to the primary building on the premises upon the lot and not attached thereto.

“Accessory dwelling unit” is a second dwelling unit either in or added to an existing single-family detached dwelling, or in a separate structure on the same lot as the primary dwelling for use as a complete, independent living facility with provision within the accessory unit for cooking, eating, sanitation, sleeping and entry separate from that of the main dwelling. Such a dwelling is an accessory use to the main dwelling. Accessory units are also commonly known as “mother-in-law” units or “carriage houses.”

“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, 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 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 entertainment facility, other” means any commercial establishment not defined herein where adult entertainment is regularly conducted or where sexually oriented materials are regularly displayed, or available in any form, for on-site consumption or use for any type of consideration; provided, however, that a public library, and a school, university, or similar educational or scientific/ medical 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.

“Adult family home” is a regular family abode of a person or persons providing 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, which is licensed pursuant to Chapter 70.128 RCW.

“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, 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 the public right-of-way 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 10 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 12 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, 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.

“Antenna” means any existing poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio or electromagnetic frequency signals, including:

A. “Directional antenna” (also known as “panel” antenna) means an antenna which transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees.

B. “Omni-directional antenna” (also known as a “whip” antenna) means an antenna which transmits and receives radio frequency signals in a 360-degree radial pattern. Does not include antenna utilized specifically for television reception.

C. “Parabolic antenna” (also known as a “dish” antenna) means an antenna which is a bowl-shaped device for the reception and/or transmission of radio frequency communication signals in a specific directional pattern.

D. “Stealth antenna” means an antenna installed inside a non-antenna structure, or camouflaged to appear as a non-antenna structure.

“Antenna height” means the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure even if said highest point is an antenna. Measurement of tower height shall include antenna, base pad, and other appurtenances and shall be measured from the finished grade of the parcel. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

“Antenna support structure” means any pole, telescoping mast, tower, tripod, or other structure which supports a device used in the transmitting or receiving of radio frequency signals.

“Applicant” means any provider or any person, partnership, or company who files an application for any permit necessary to install, maintain, relocate or remove a personal wireless service facility within the city.

“Arcade” is a place of business devoted primarily to the use of pinball and electronic games by patrons.

“Automobile and trailer sales area” means an open, off-street area used for the display, sale or rental of new or used automobiles or trailers and where no repair work is done.

“Automobile service station” means a building or portion thereof and land used for dispensing automobile fuel, oil and accessories, and services in connection therewith. (Ord. 988 § 2, 2003; Ord. 747 § 1, 1997; Ord. 746 § 19, 1997; Ord. 740 § 2, 1997).

18.04.020 “B”.

“Bar” means a portion of a full food menu restaurant premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded therefrom by law.

“Beer and wine specialty shop” is a shop that sells beer, strong beer and/or wine for off-premises consumption in bottles, cans, or original containers. May offer samples for purposes of sales promotion.

“Boarding home” is any home or other institution, however named, which is advertised, announced or maintained for the express or implied purpose of providing board and domiciliary care to three or more aged persons not related by blood or marriage to the operator. It shall not include adult family homes or independent senior housing.

“Brewpub” means a restaurant-brewery that has a full food menu and sells at least 50 percent of its beer on the premises. The beer is brewed for sale and consumption in the adjacent restaurant and/or bar. The beer is often dispensed directly from the brewery’s storage tanks.

“Building” means a structure with a foundation, supports or walls and a roof.

“Building height” of a structure with a flat roof shall be measured from the grade plane to the highest roof surface. The “building height” for a sloped roof shall be defined as the average height of the highest roof between the roof eave and the roof ridge to the grade plane, regardless of the shape of the roof. For lots within 200 feet of the shoreline, “building height” shall be determined by using WAC 173-27-030(9).

“Bulk regulation” refers to the relationship of the area of a lot, the setback regulations and the portion of a lot which may be covered by building. (Ord. 1364 § 3, 2010; Ord. 1302 § 1, 2009; Ord. 740 § 2, 1997).

18.04.030 “C”.

“Camouflaged” means a personal wireless service facility that is disguised, hidden, or integrated with an existing structure that is not a monopole or tower, or a personal wireless service facility that is placed within an existing or proposed structure or new structure, tower, or mount within trees so as to be significantly screened from view or camouflaged to appear as a non-antenna structure (i.e., tree, flagpole with flag, etc.)

“Cell site” or “site” means a tract or parcel of land that contains personal wireless service facilities including any antenna, support structure, accessory buildings, and parking, and may include other uses associated with and ancillary to personal wireless services.

“City center and view corridor area” means an area defined by the boundaries of the city center and the view corridor for Mt. Rainier along SR 410 from approximately 500 feet northwest of the intersection with Sumner/Buckley Highway (Bonney Lake Main Street to the dip in SR 410 just west of Angeline Road undercrossing (the point where Mt. Rainier disappears from view).

“Co-location” means the use of a personal wireless service facility or cell site by more than one personal wireless service provider.

“Conditional use” means a use permitted in one or more classifications as defined by this title but which use because of characteristics peculiar to it, or because of size, technological processes, or type of equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demand upon public facilities, required a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same zones or zones, and to assure that such use shall not be harmful to the public interest.

“Conditional use permit” or “CUP” means the documented evidence of authority granted by the hearing examiner to locate a conditional use at a particular location.

“Condominium” means a multiple-family dwelling and its accessory uses and grounds in which each dwelling unit is individually owned, and all or any part of the dwelling structure, accessory uses and grounds are owned cooperatively by the owners of said dwelling units, and maintenance functions are performed by required subscriptions from said owners.

“Convalescent home,” see “Nursing home”.

“COW” means “cell on wheels.” (Ord. 746 § 19, 1997; Ord. 740 § 2, 1997).

18.04.040 “D”.

“Day care center” means:

A. Person(s) who regularly provides care for 13 or more children for periods of less than 24 hours.

B. In addition to the regulations set forth in this chapter, day care centers/family day care homes shall be state-licensed and conform to all federal and state regulations applicable.

“Design” means the appearance of personal wireless service facilities, including such wireless communications facility features as their materials, colors, and shapes.

“Design centerline” shall be the center of the street right-of-way. However, if land for streets has been dedicated unevenly, the design centerline shall be the line on which both properties met before any dedication occurred.

“Dwelling unit” means one or more rooms designed or occupied by one family for living or sleeping purposes, and containing kitchen and bath facilities for use solely by one family. A bachelor apartment constitutes a dwelling unit within the meaning of this zoning code. (Ord. 746 § 19, 1997; Ord. 740 § 2, 1997).

18.04.050 “E”.

“EIA” means the Electronics Industry Association.

“Enlargement or extension” is:

A. An addition to the floor area of an existing building, or an increase in the size of any other structure.

B. An increase in that portion of a tract of land occupied by an existing use.

C. To “enlarge” is to make an enlargement.

D. An “extension” is an increase in the amount of existing area used for an existing use.

E. To “extend” is to make an extension.

“Equipment shelter or enclosure” means a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communications signals. Associated equipment may include air conditioning, backup power supplies and emergency generators.

“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. (Ord. 746 § 19, 1997; Ord. 740 § 2, 1997).

18.04.060 “F”.

“FAA” means the Federal Aviation Administration.

“Family” is one or more individuals sharing a common household.

“Family day care home” means:

A. A person regularly providing care during part of the 24-hour day to six or fewer children in the family abode of the person or persons under whose direction the children are placed.

B. In addition to the regulations set forth in this chapter, day care centers/family day care homes shall be state-licensed and conform to all federal and state regulations applicable.

“FCC” means the Federal Communications Commission.

“Floor area” is the sum of the gross floor areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerlines or walls separating two buildings, whichever is applicable.

“Floor area ratio” is the ratio of the total floor area of a building on a lot, divided by the lot area of that lot. (Ord. 746 § 19, 1997; Ord. 740 § 2, 1997).

18.04.070 “G”.

“Governing authority” means the city council of the city of Bonney Lake.

“Grade” or “grade plane” is a reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the lot line is more than six feet from the building the average finished ground level shall be measured between the building and a point six feet from the building. Lots within 200 feet of the shoreline shall use WAC 173-27-030(3) to determine grade. (Ord. 1302 § 2, 2009; Ord. 746 § 2, 1997).

18.04.080 “H”.

“Hearing examiner” means the duly appointed hearing examiner of the city.

“Home occupation” means an occupation, avocation or profession, carried on entirely within a dwelling by an occupant of such dwelling but as an incidental or minor use, there being no other person employed.

“Homes for the aged,” see “Retirement homes/homes for the aged.”

“Hotel, transient and/or motel” is a building in which:

A. Living or sleeping accommodations are used primarily for transient occupants and may be rented on a daily basis; and

B. Twenty-four-hour desk service is provided. (Ord. 746 § 19, 1997; Ord. 740 § 2, 1997).

18.04.090 “I”.

Reserved. (Ord. 740 § 2, 1997).

18.04.100 “J”.

Reserved. (Ord. 740 § 2, 1997).

18.04.110 “K”.

“Kennel” means a building, enclosure or portion of any premises in or at which dogs are kept, maintained or trained by any person other than the owner thereof or in or at which four or more dogs over the age of three months are kept, maintained or trained for periods in excess of 24 hours. (Ord. 740 § 2, 1997).

18.04.120 “L”.

“Land with major improvements” is a tract of land which has a building or structure with a floor area greater than 800 square feet or involves a building, other structure, or other improvements with a total assessed valuation in excess of $1,000 as determined from the Pierce County assessment rolls.

“Land with minor improvements” is a tract of land which:

A. Does not involve any building or other structures; or

B. Involves a building or other structure with a floor area of less than 800 square feet; or

C. Involves any building, other structure, or other improvement located underground or substantially at ground level, with a total assessed valuation of said improvement of less than $1,000 as determined from the Pierce County assessment rolls.

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

“Loading berth” is an off-street truck-loading facility constructed as part of a building for truck pickup/delivery.

“Lot” is either:

A. A lot of record existing on the effective date of the ordinance codified in this title or any applicable subsequent amendment thereto; or

B. A tract of land, which at the time of filing for a building permit is designated by its owner or developer as a lot, all of which is to be used, developed, or built upon as a single living unit under single ownership or control; or

C. A tract of land which was legally subdivided from a larger tract prior to the adoption of Ordinance No. 241 and which conforms in all respects to the zoning area and size requirements.

“Lot, corner” is a lot bounded on two sides by intersecting streets.

“Lot coverage” is that portion of a lot which is permitted to be covered by a building or any part of a building.

“Lot depth” is the mean distance between the front lot line and rear lot line of a lot. In the event that the lot borders on more than one street, the lot depth shall be the longest distance.

“Lot line” is a boundary of a lot.

“Lot of record” is a lot which is part of a plat which has been recorded as required by the laws of the state in the offices of the auditor, Pierce County.

“Lot width” is the mean distance between the side lot lines of a lot. (Ord. 988 § 2, 2003; Ord. 740 § 2, 1997).

18.04.130 “M”.

“Manufactured home” means a structure constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which:

A. Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long;

B. Was originally constructed and now has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch;

C. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences;

D. Is built on a permanent chassis and designed solely for the purpose of human habitation.

“Massage therapy/spa” means a scientific or skillful manipulation of soft tissue for therapeutic or remedial purposes, specifically for improving muscle tone and circulation and promoting health and physical well-being. The term includes, but is not limited to, manual and mechanical procedures for the purpose of treating soft tissue only, the use of supplementary aids such as rubbing alcohol, liniments, oils, antiseptics, powders, herbal preparations, creams or lotions, procedures such as oil rubs, salt glows and hot or cold packs or other similar procedures or preparations commonly used in this practice. This term specifically excludes manipulation of the spine or articulations and excludes sexual contact.

“Medical-dental clinic” means an establishment for the treatment of outpatients, and providing no overnight care for patients.

“Microbrewery” means a facility that produces beer and sells it to the public by one or more of the following methods: through the traditional three-tier system (brewer to wholesaler to retailer to consumer); the two-tier system (brewer acting as wholesaler to retailer to consumer); and in some cases, directly to the consumer through carry-outs or on-site taproom sales. Microbreweries shall have a production capacity not to exceed 15,000 U.S. barrels per year and shall have a full food menu.

“Mini-day care center” means a person or agency providing care during part of the 24-hour day to 12 or fewer children in a facility other than the family abode of the person or persons under whose direct care the children are placed, or for the care of seven through 12 children in the family abode of such person or persons.

“Mobile home” means a single-family prefabricated residential unit manufactured according to the standards of the statutes of the state and federal government, capable of being moved upon the public roads and highways, so designed and equipped as to be served by a sanitary sewer or septic tank system, supported by leveling jacks or blocks.

“Mobile home park” is a tract of land used or designated for the use of two or more mobile homes.

“Modification” means the changing of any portion of a facility such as a personal wireless service facility from its description in a previously approved permit. Examples include, but are not limited to, changes in design.

“Modular home” means any structure other than a mobile or manufactured home designed primarily for human occupancy, which is either entirely or substantially prefabricated or assembled at a place other than a building site and which has been approved pursuant to RCW 43.22.455 and bears the insignia of the Washington State Department of Labor and Industries.

“Mount” means the structure or surface upon which personal wireless service facilities are mounted. There are three types of mounts:

A. Building Mounted. A personal wireless service facility mount fixed to the roof or side of a building.

B. Ground Mounted. A personal wireless service facility mount fixed to the ground, such as a tower.

C. Structure Mounted. A personal wireless service facility fixed to a structure other than a building, such as light standards, electrical transmission tours, utility poles, and bridges. (Ord. 1364 § 3, 2010; Ord. 746 § 19, 1997; Ord. 740 § 2, 1997).

18.04.140 “N”.

“Net acre” refers to the total acreage within a lot or parcel after critical areas, critical area buffers, streets, stormwater facilities, utility tracts, and public parks that will exist upon completion of the development are deducted from the lot or parcel. Proposed private open space that is not environmentally constrained shall not be deducted. The intent is to deduct land that is not buildable due to being environmentally constrained or needed for infrastructure or nonresidential land uses.

“Nonconforming building” is any building heretofore lawfully existing at the time of the passage of the ordinance codified in this title which by virtue of the passage of the ordinance codified in this title no longer complies to the standard set forth in this title.

“Nonconforming use” is any lawful use which by virtue of the adoption of this zoning code or any amendment thereto has become contrary to the uses permitted under the terms of this title.

“Nursing home” means facilities for patients who are recovering from an illness, or receiving care for chronic conditions, mental or physical disabilities, terminal illness, alcohol or drug inpatient treatment. Care may include inpatient administration of medicine, preparation of special diets, nursing care, and treatment by a physician or psychiatrist. (Ord. 1099 § 5, 2005; Ord. 740 § 2, 1997).

18.04.150 “O”.

“Open area ratio” of a lot is the number of square feet of open space on the lot, expressed as a ratio of the lot covered by building or structure. (For example, if a particular lot required an “open area ratio” of three, this would mean three square feet of open area would be required for every square foot of ground covered by a building.)

“Open space” is that part of a lot, including courts or yards, which:

A. Is open and unobstructed from its lowest level to the sky; and

B. Is not part of the roof of that portion of a building containing dwelling units or rooming units, except for improvements located entirely under ground level. (Ord. 740 § 2, 1997).

18.04.160 “P”.

“Particulate matter” is any finely divided liquid or solid matter capable of being airborne or gasborne.

“PCS” means personal communications services.

“Personal wireless service,” “personal wireless service facilities,” and “facilities” used in this title shall be defined in the same manner as in Title 47, United States Code, Section 332(c)(7)(C), as they may be amended now or in the future and includes facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communications services, enhanced specialized mobile radio, and any other wireless services licensed by the FCC and unlicensed wireless services.

“Pet shop” means a building used for the commercial display and sale of household pets as well as related supplies and equipment, but not including the boarding of pets for other than sales purposes.

“Planned unit development” means a use of a tract of land depending on adherence to a specific detailed plan approved by the city, rather than conform to the specific requirements of the zone the tract is in.

“Plat” is a legal subdivision or short plat.

“Provider” means every corporation, company, association, joint stock company, firm, partnership, limited liability company, other entity and individual which provides personal wireless service over personal wireless service facilities. (Ord. 746 § 19, 1997; Ord. 740 § 2, 1997).

18.04.170 “Q”.

Reserved. (Ord. 740 § 2, 1997).

18.04.180 “R”.

“Residence” is a building containing dwelling units or rooming units, including single-family mobile homes or two-family houses, multiple dwellings, boarding or roominghouses.

“Residential care facility” means a facility that cares for at least five, but not more than 15, functionally disabled persons.

“Retail shop” means uses principally engaged in retail sale or rental of consumer or household goods, including ancillary repair services. These retail uses are characterized by face-to-face transactions conducted by both the buyer and seller on the business premises. Retail businesses that conduct a majority of their sales (over 50 percent) via the Internet or other means of telecommunications are not considered “retail” for the purposes of this section.

“Retirement homes/homes for the aged” includes any home which is maintained for the purpose of providing board and domiciliary care to three or more persons not related by blood or marriage to the operator. (Ord. 1364 § 3, 2010; Ord. 740 § 2, 1997).

18.04.190 “S”.

“Screening” as pertaining to personal wireless telecommunications facility such as a tower or mount placed amongst and adjacent to (within 20 feet) three or more trees at least 85 percent of the height of the facility.

“Secondary use” means a use subordinate to the principal use of the property, such as commercial, residential, utilities, etc.

“Security barrier” means a wall, fence, or berm that has the purpose of sealing a personal wireless service facility from unauthorized entry or trespass.

“Setback” means a horizontal separation between a structure and a lot line.

“Setback, front” means the setback between a structure and any street right-of-way line. In lots adjoining two or more streets, including corner lots, the minimum front setback shall apply to all such street frontages.

“Setback, rear” means the setback between a structure and the lot line opposite the street right-of-way line. Four-sided lots adjoining more than one street shall have no rear setback. In triangular lots with one street frontage, the rear setback shall be measured from the shorter of the lot lines not adjoining the street.

“Setback, side” means the setback between a structure and any lot line to which neither the front nor rear setback applies. Four-sided corner lots abutting streets on two sides shall have two side setbacks and no rear setback.

“Sexually oriented materials” means any books, magazines, periodicals or other printed materials, or any photographs, films, motion pictures, video cassettes, 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.

“Single-family residence” means a residence which is the only residence on its lot. “Single-family residence” includes site-built homes, factory-built modular homes, and manufactured homes complying with BLMC 15.08.020.

“Single-family residence, attached” means a single-family residence attached to a residence(s) on an adjoining lot(s).

“Single-family residence, detached” means a single-family residence detached from residences on adjoining lots.

“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.

“Stable, private” means a detached accessory building for the keeping of horses owned by the occupants of the premises and which are not kept for remuneration, hire or sale.

“Street” is any right-of-way designed and dedicated for general public use to provide a principal means of travel for vehicles or pedestrians, and includes public and private easements and land over which the public has acquired by use prescriptive rights-of-way.

“Structure” is any building, sign, fence, wall, or similar item erected on and attached to a lot. (Ord. 1230 § 12, 2007; Ord. 1137 § 2, 2005; Ord. 1099 § 6, 2005; Ord. 988 § 2, 2003; Ord. 746 § 19, 1997; Ord. 740 § 2, 1997).

18.04.200 “T”.

“Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term encompasses personal wireless service facilities including radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers or personal communications services towers, alternative tower structures, and the like.

“Townhouse” or “townhome” means a type of attached dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.

“Toxic or noxious matter” is any solid, liquid, or gaseous matter or any combination of these containing properties which by their nature tend to impair the health and safety or welfare of individuals or to be destructive of property.

“Tract of land,” see “Lot.”

“Trailer” means a prefabricated living unit of less than 550 square feet in floor area capable of being moved by towing upon the public roads and highways. (Ord. 1355 § 1, 2010; Ord. 746 § 19, 1997; Ord. 740 § 2, 1997).

18.04.210 “U”.

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

“Use” means the purpose land or building or structure now serves or for which it is occupied, maintained, arranged, designed or intended. (Ord. 786 § 1, 1998; Ord. 746 § 19, 1997; Ord. 740 § 2, 1997).

18.04.220 “V”.

“View corridor” means an open area that provides an unobstructed view across the subject property, in order to preserve significant public or private views of natural features. (Ord. 740 § 2, 1997).

18.04.230 “W”.

“WCF” means wireless communications facilities. (Ord. 746 § 19, 1997).

18.04.240 “X”.

Reserved. (Ord. 740 § 2, 1997).

18.04.250 “Y”.

“Yard” means an open area, required by setbacks of this title. (Ord. 740 § 2, 1997).

18.04.260 “Z”.

Reserved. (Ord. 740 § 2, 1997).