Chapter 19.06 DEFINITIONS

The definition of any word or phrase not listed in this chapter which is in question when administering this title shall be as defined from one of the following sources which are incorporated herein by reference. Said sources shall be utilized by finding the desired definition from source A, but if it is not available there, then source B may be used and so on. Sources are as follows:

A. Any city resolution, ordinance, code or regulation;

B. Any statute or regulation of the state of Washington (i.e., the most applicable);

C. Legal definitions from case law or a law dictionary;

D. The common dictionary. (Ord. 1317 § 3, 1998).

19.06.005 Accessory dwelling unit.

“Accessory dwelling unit” means a second dwelling unit created on the same lot as a single-family detached dwelling unit that provides for separate living, sleeping, cooking and sanitation. An “attached accessory dwelling unit” means an accessory dwelling unit that is attached to, or built within, the single-family residence. Attachment requires a common wall and roof. A “detached accessory dwelling unit” means an accessory dwelling unit that is not attached to the principal single-family residence and may or may not be attached to another accessory structure such as a garage. (Ord. 2043 § 1 (Att. B), 2021; Ord. 1317 § 3, 1998).

19.06.010 Accessory structure.

“Accessory structure” means a subordinate structure, attached or detached from a principal building located on the same lot, the use of which is incidental, related and clearly subordinate to the principal use of the land or building. With the exception of an accessory dwelling unit, an accessory structure is used by the occupants of the principal building. (Ord. 1317 § 3, 1998).

19.06.015 Accessory use.

“Accessory use” means a use incidental, related and clearly subordinate to the principal use of a lot or main building. An accessory use is only located on the same lot as a permitted principal use. (Ord. 1317 § 3, 1998).

19.06.020 Adult family home.

As defined in Chapter 70.128 RCW, Adult Family Homes, as amended, “adult family home” means 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. An adult family home is considered a family group home as defined in FMC 19.06.260. (Ord. 1808 § 29, 2012; Ord. 1317 § 3, 1998).

19.06.025 Adult use arcade.

“Adult use arcade” means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, or other image producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, or other photographic or computer generated reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.” (Ord. 1317 § 3, 1998).

19.06.030 Adult use bookstore.

“Adult use bookstore” means a bookstore, novelty store, or video store, which does not contain an adult use arcade, where a significant portion of the stock-in-trade, revenues, interior business, or advertising of which relates to the sale or rental of books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, video cassettes, slides, or other visual representations depicting or describing “specified sexual activities” or “specified anatomical areas.” Video stores that sell or rent only video tapes or other photographic or computer-generated reproductions and associated equipment shall come within this definition if 20 percent or more of its stock-in-trade or revenues comes from the rental or sale of video tapes or other photographic reproductions or associated equipment which depict or describe “specified sexual activities” or “specified anatomical areas.” (Ord. 1317 § 3, 1998).

19.06.035 Adult use cabaret.

“Adult use cabaret” means a nightclub, bar, restaurant, or similar commercial establishment, whether or not alcoholic beverages are served, which features:

A. Persons who appear nude or semi-nude;

B. Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities;” or

C. Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.” (Ord. 1317 § 3, 1998).

19.06.040 Adult use motel.

“Adult use motel” means a hotel, motel or similar commercial establishment which has the primary function of:

A. Offering accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas,” and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; and

B. Offering a sleeping room for rent for a period of time that is less than 20 hours; or

C. Allowing a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 20 hours. (Ord. 1317 § 3, 1998).

19.06.045 Adult use motion picture theater.

“Adult use motion picture theater” means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions which are characterized by the depiction or description of “specified anatomical areas” or “specified sexual activities” are regularly shown for any form of consideration. (Ord. 1317 § 3, 1998).

19.06.050 Adult use theater.

“Adult use theater” means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear nude or semi-nude, or live performances which are characterized by the exposure of “specified anatomical areas” or “specified sexual activities.” (Ord. 1317 § 3, 1998).

19.06.055 Agricultural use.

“Agricultural use” means a use involved in the growing and harvesting of crops, fiber, feed, flower bulbs, food, ornamental plants, seeds, trees and other vegetation, fish hatcheries, poultry and bee farms and the grazing and raising of livestock. “Agricultural use” includes research farms, greenhouse operations, nurseries and roadside stands for the sale of agricultural products. “Agricultural use” excludes gardens where the harvested items are strictly for consumption of the residents of a dwelling on the same lot. (Ord. 1317 § 3, 1998).

19.06.060 Alley.

“Alley” means a public right-of-way or city-approved private way, providing secondary access to adjacent property, which has less than 200 average daily trips and is less than 30 feet in width. (Ord. 1317 § 3, 1998).

19.06.065 Amendment.

“Amendment” means an ordinance adopted by the city council which changes the text, context or substance of this title or changes a zoning district boundary of the official zoning map adopted herein. (Ord. 1317 § 3, 1998).

19.06.070 Antenna array.

“Antenna array” means one or more whips, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include an omni-directional antenna (whip), directional antenna (panel) and parabolic antenna (disc). An antenna array includes a support structure such that the total height of the antenna array (excluding GPS antenna) does not exceed 15 feet. (Ord. 1317 § 3, 1998).

19.06.075 Antique.

“Antique” means a work of art, piece of furniture or decorative object made at least 25 years ago and having a retail value greater than $75.00. (Ord. 1317 § 3, 1998).

19.06.080 Antique store.

“Antique store” means a secondhand dealer in which at least 25 percent of the total retail value of the items for sale are antiques as defined in FMC 19.06.075. See FMC 19.06.705, Secondhand dealer. (Ord. 1317 § 3, 1998).

19.06.085 Arterial, minor.

“Minor arterial” means intracommunity highways, connecting community centers, with between 5,000 and 25,000 average daily trips. (Ord. 1317 § 3, 1998).

19.06.090 Arterial, principal.

“Principal arterial” means intracommunity and intercommunity highways, connecting major community centers, with between 15,000 to 40,000 average daily trips. (Ord. 1317 § 3, 1998).

19.06.095 Attached wireless communication facility.

“Attached wireless communication facility” means a wireless communication antenna array and associated equipment which is less than 15 feet in height (excluding GPS antenna) and is located on an existing or proposed attachment structure. See FMC 19.06.860, Wireless communication attachment structure. (Ord. 1317 § 3, 1998).

19.06.100 Auction.

“Auction” means the sale of property, where persons are permitted to attend and offer bids on property. (Ord. 1317 § 3, 1998).

Automobile repair, major.

See FMC 19.06.820, Vehicle repair, major. (Ord. 1317 § 3, 1998).

Automobile repair, minor.

See FMC 19.06.825, Vehicle repair, minor. (Ord. 1317 § 3, 1998).

Automobile wash.

See FMC 19.06.835, Vehicle wash. (Ord. 1317 § 3, 1998).

19.06.102 Battery charging station equipment.

“Battery charging station equipment” means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. There are three levels of charging station equipment:

Level 1: Level 1 is considered slow charging and is present in homes and businesses and typically operates on a 15- or 20-amp breaker on a 120-volt alternating current (AC) circuit and standard outlet.

Level 2: Level 2 is considered medium charging and typically operates on a 40-amp to 100-amp breaker on a 208- or 240-volt AC circuit.

Level 3: Level 3 means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels. Level 3 is considered fast or rapid acting and is primarily for commercial applications and typically operates on a 60-amp or higher dedicated breaker on a 480-volt or higher three-phase circuit with special grounding equipment. (Ord. 1780 § 2, 2012).

19.06.103 Battery electric vehicle (BEV).

“Battery electric vehicle (BEV)” means any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries, and produces zero tailpipe emissions or pollution when stationary or operating. (Ord. 1780 § 2, 2012).

19.06.104 Battery exchange station.

“Battery exchange station” means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. (Ord. 1780 § 2, 2012).

19.06.105 Bed-and-breakfast.

“Bed-and-breakfast” means a hotel within a single-family dwelling unit which is owner-occupied, contains no more than six guestrooms and retains its single-family appearance. Guestrooms are limited to a day-to-day or week-to-week rental. (Ord. 1317 § 3, 1998).

19.06.110 Building.

“Building” means any structure having a roof supported by columns, posts, or walls for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind. Manufactured homes are considered buildings. Vehicles are excluded from this definition. (Ord. 1317 § 3, 1998).

Building, accessory.

See FMC 19.06.010, Accessory structure. (Ord. 1317 § 3, 1998).

19.06.115 Building, detached.

“Detached building” means a building surrounded by open space on the same lot. (Ord. 1317 § 3, 1998).

19.06.120 Building, enclosed.

“Enclosed building” means a building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls, pierced by windows and normal entrance or exit doors. (Ord. 1317 § 3, 1998).

19.06.125 Building height.

“Building height” is the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

A. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above the lowest grade.

B. An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in subsection A of this section above is more than 10 feet above lowest grade.

C. The height of a stepped or terraced building is the maximum height of any segment of the building. (Ord. 1317 § 3, 1998).

19.06.130 Building, principal.

“Principal building” means a building on a lot designed or used to accommodate the primary use to which the premises is devoted; where a permissible use involves more than one building or structure designed or used for the primary purpose, as in the case of group houses, each such permissible building on a lot as defined by this title shall be construed as comprising a principal building. (Ord. 1317 § 3, 1998).

19.06.135 Bulk.

“Bulk” indicates the size and setbacks of buildings or structures and the location of same with respect to one another. (Ord. 1317 § 3, 1998).

19.06.140 Business or commerce.

“Business or commerce” means the purchase, sale or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit; or the management of office buildings, offices, recreational or amusement enterprises; or the maintenance and use of buildings, offices, structures and premises by professions and trades rendering services. See FMC 19.06.245, Establishment, business or commercial. (Ord. 1317 § 3, 1998).

19.06.145 Cafeteria.

“Cafeteria” means an establishment within a fully enclosed building in which patrons wait on themselves, carrying the food as served to them for consumption at tables or counters within the building and where any takeout service is entirely incidental. (Ord. 1317 § 3, 1998).

Card room.

See FMC 19.06.290, Gambling premises. (Ord. 1317 § 3, 1998).

19.06.150 Carport.

“Carport” means a private garage which is open to the weather on at least 40 percent of the total area of its sides. (Ord. 1317 § 3, 1998).

Casino.

See FMC 19.06.290, Gambling premises. (Ord. 1317 § 3, 1998).

19.06.155 Child day-care center.

“Child day-care center” means a facility in which a person, firm, partnership, association, or corporation regularly provides care for a group of children for periods of less than 24 hours. (Ord. 1317 § 3, 1998).

Church.

See FMC 19.06.680, Religious institution. (Ord. 1317 § 3, 1998).

City-wide park.

See FMC 19.06.565, Park, city-wide. (Ord. 1317 § 3, 1998).

Clinic.

See FMC 19.06.475, Medical or dental clinic, or FMC 19.06.845, Veterinary clinic. (Ord. 1317 § 3, 1998).

19.06.160 Club.

“Club” means an association of persons for some common purpose including social, civic, charitable, or recreational activities, operated by a private nonprofit institution or organization, but excluding groups organized primarily to render a service which is customarily carried on by a business. (Ord. 1317 § 3, 1998).

19.06.165 Co-location.

“Co-location” means the use of a single support structure by more than one wireless communication provider. (Ord. 1317 § 3, 1998).

Commerce or commercial activity.

See FMC 19.06.140, Business or commerce, and FMC 19.06.245, Establishment, business or commercial. (Ord. 1317 § 3, 1998).

19.06.167 Comprehensive plan.

The plan adopted by the city council to guide the physical growth and improvement of the city, including any future amendments and revisions. (Ord. 1919 § 1, 2015).

19.06.168 Comprehensive plan amendment.

A comprehensive plan amendment (CPA) is a proposed change, addition or deletion to the city’s comprehensive plan text or map proposed by the city, any private individual, organization, business, or other group. (Ord. 1919 § 2, 2015).

19.06.170 Conditional use.

“Conditional use” means a use identified within the zoning district regulations of this title, that because of size, location with respect to surroundings, equipment, unique characteristics and effects and/or demands on public facilities requires a special degree of control in order to ensure compatibility with the vicinity. (Ord. 1317 § 3, 1998).

19.06.175 Conditional use permit.

“Conditional use permit” means the documented evidence of authority granted by the hearing examiner to locate a conditional use at a particular location. (Ord. 1593-06 § 53, 2006; Ord. 1317 § 3, 1998).

19.06.180 Correctional group home.

“Correctional group home” means a dwelling structure consisting of more than one adult within a halfway-house, pre-release, training-release, work-release or other similar program under the supervision of a local, state or federal criminal justice system. Additionally, the dwelling structure is operated or contracted by a local, state or federal criminal justice system. A correctional group home includes staff who supervise the residents. A correctional facility which consists solely of individuals below the age of 18 under the supervision of a local, state or federal criminal justice system and correctional staff shall be classified as a family group home and not a correctional group home. (Ord. 1317 § 3, 1998).

19.06.185 Coverage.

“Coverage” means the area of a lot which is covered by a structure. (Ord. 1317 § 3, 1998).

19.06.190 Director.

“Director” means the community development director of the city of Fife, or his/her designee. (Ord. 1859 § 107, 2014; Ord. 1317 § 3, 1998).

19.06.192 Docket (or comprehensive plan docket).

The docket is a list of proposed comprehensive plan amendments (CPA) that will be considered on their merits by the community, planning commission and city council. The CPAs to be included in the docket are determined by city council legislative action no later than the first quarter of each calendar year. (Ord. 1919 § 3, 2015).

19.06.195 Drive-thru.

“Drive-thru” means a lane or window which is intended to serve customers who remain in their motor vehicles during the business transactions, or which are designed in such a manner that customers must leave their automobiles temporarily in a driving lane located adjacent to the facility. (Ord. 1317 § 3, 1998).

19.06.200 Dwelling, attached.

“Attached dwelling” means one which is joined to another dwelling on one or more sides by a common wall or walls. (Ord. 2043 § 1 (Att. A), 2021; Ord. 1317 § 3, 1998).

19.06.205 Dwelling, detached.

“Detached dwelling” means one which is entirely surrounded by open space on the same lot. (Ord. 2043 § 1 (Att. A), 2021; Ord. 1317 § 3, 1998).

19.06.210 Dwelling, duplex.

“Duplex dwelling” means a two-family dwelling structure consisting of two attached dwelling units. (Ord. 2043 § 1 (Att. A), 2021; Ord. 1317 § 3, 1998).

19.06.215 Dwelling, multifamily.

“Multifamily dwelling” means a building designed exclusively for occupancy by two or more families living separate from each other and containing two or more dwelling units. (Ord. 2043 § 1 (Att. A), 2021; Ord. 1317 § 3, 1998).

19.06.220 Dwelling, single-family.

“Single-family dwelling” means a detached building designed exclusively for occupancy by one family and containing one dwelling unit. Includes family group homes and designated manufactured homes, as defined in FMC 19.06.260 and 19.06.465 respectively, but excludes manufactured homes which are not designated. (Ord. 2043 § 1 (Att. A), 2021; Ord. 1317 § 3, 1998).

19.06.222 Dwelling, triplex.

“Triplex dwelling” means a three-family dwelling structure consisting of three attached dwelling units. (Ord. 2043 § 1 (Att. A), 2021).

19.06.225 Dwelling unit.

“Dwelling unit” means one or more rooms designed for or occupied by one family for sleeping and living purposes and containing kitchen facilities for use solely by one family. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. “Dwelling unit” includes apartments, hotel rooms available on a month-to-month basis with kitchen facilities, manufactured and group homes, but excludes recreational vehicles. (Ord. 2043 § 1 (Att. A), 2021; Ord. 1317 § 3, 1998).

19.06.230 Educational institution.

“Educational institution” means public or private elementary, junior high or high schools, junior colleges, colleges or universities, or other schools giving general academic instruction in the several branches of learning and study in which it is accredited by the state of Washington. (Ord. 1317 § 3, 1998).

19.06.231 Electric vehicle.

“Electric vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. “Electric vehicle” includes: (1) a battery electric vehicle; (2) a plug-in hybrid electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium-speed electric vehicle. (Ord. 1780 § 2, 2012).

19.06.232 Electric vehicle charging station.

“Electric vehicle charging station” means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. (Ord. 1780 § 2, 2012).

19.06.233 Electric vehicle infrastructure.

“Electric vehicle infrastructure” means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging station equipment, electric vehicle charging stations, and battery exchange stations. (Ord. 1780 § 2, 2012).

19.06.235 Escort agency.

“Escort agency” means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration. (Ord. 1317 § 3, 1998).

19.06.240 Essential public facilities.

“Essential public facilities” means those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities and inpatient facilities including substance abuse facilities, mental health facilities and group homes. (Ord. 1317 § 3, 1998).

19.06.245 Establishment, business or commercial.

“Business or commercial establishment” means a place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same lot and where direct access to each business or commercial establishment is separate and distinct from direct access to any other business or commercial establishment. (Ord. 1317 § 3, 1998).

19.06.250 Family.

“Family” means an individual, individuals related by blood or marriage, up to six individuals who are not related by blood or marriage residing in a single-family dwelling unit (including family group home), individuals with a handicap as defined in the federal Fair Housing Amendments Act of 1988 (42 USC § 3602) as amended and residing in a group home or children residing in a group home. (Ord. 1317 § 3, 1998).

19.06.255 Family day-care provider.

“Family day-care provider” means a child day-care provider who regularly provides child day-care for not more than 12 children in the provider’s home in the family living quarters. (Ord. 1317 § 3, 1998).

19.06.260 Family group home.

“Family group home” means a dwelling unit consisting of: individuals with a handicap as defined in the federal Fair Housing Amendments Act of 1988 (42 USC § 3602) as amended, or children under the legal custody of an institution or an adult and any necessary staff for the care of individuals mentioned herein. An adult family home as defined in FMC 19.06.020 is a family group home. (Ord. 1317 § 3, 1998).

19.06.265 Fence.

“Fence” means a wall or barrier for the purpose of enclosing space, separating property, providing security, reducing noise and/or visual impacts, and composed of bricks, concrete, masonry blocks, or posts connected by boards, rails, panels, or wire. The term “fence” does not include retaining wall or landscaping features including but not limited to trees, shrubs, hedges or other vegetation. Fence types are further defined in FMC 19.68.020(D)(8). (Ord. 2052 § 2, 2021; Ord. 1317 § 3, 1998).

Flea market.

See FMC 19.06.710, Secondhand store. (Ord. 1317 § 3, 1998).

Floor area.

See FMC 19.06.335, Gross floor area. (Ord. 1317 § 3, 1998).

19.06.270 Food products.

Examples of “food products” include confectionery products, chocolate, cereal breakfast, beverages, foods, bakery products, dairy products and by-products, paste products, fruits and vegetables, beverages, prepared food specialties (such as coffee, dehydrated and instant food, extracts, spices and dressings) and similar products. (Ord. 1317 § 3, 1998).

19.06.275 Freeway.

“Freeway” means any section of a highway with access restricted by on-ramps and off-ramps. (Ord. 1317 § 3, 1998).

19.06.280 Gambling activity.

“Gambling activity” means staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the person’s control or influence, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. “Gambling activity” includes cardroom, casino games and other similar activities. “Gambling activity” excludes bona fide business transactions including, but not limited to, security or commodity trading, a state-sponsored lottery, punchboards and non-video pull-tabs as an accessory use and state-exempt gambling activity by a bona fide charitable or nonprofit organization. (Ord. 1317 § 3, 1998).

19.06.285 Gambling device.

“Gambling device” means any device or mechanism by the operation of which a right to money, credits, deposits or other things of value may be created, in return for a consideration, as the result of the operation of an element of chance including but not limited to: (1) slot machines, video pull-tabs, video poker and other electronic games of chance; (2) any device or mechanism which, when operated for a consideration, does not return the same value or thing of value for the same consideration upon each operation thereof; and (3) any device, mechanism, furniture, fixture, construction or installation designed primarily for use in connection with gambling activity. “Gambling device” does not include devices or mechanisms specifically excluded from the gambling activity definition (19.06.280). (Ord. 1317 § 3, 1998).

19.06.290 Gambling premises.

“Gambling premises” means an establishment, as permitted by state law, which includes, but is not limited to, any building, room, enclosure, vehicle, vessel or other place used or intended to be used for gambling activity and/or containing a gambling device for such purposes. “Gambling premises” shall include, but are not limited to, social card games as defined by RCW 9.46.0282, to include house-banked or player-funded banked card games, that constitute gambling and are authorized by the Washington State Gambling Commission under RCW 9.46.070. (Ord. 1882 § 1, 2014; Ord. 1317 § 3, 1998).

19.06.295 Garage, private.

“Private garage” means an accessory building or an accessory portion of the main building, enclosed on not less than three sides and designed and primarily used for the shelter or storage of vehicles, including boats. (Ord. 1317 § 3, 1998).

Garage, repair.

See FMC 19.06.820, Vehicle repair, major, and FMC 19.06.825, Vehicle repair, minor. (Ord. 1317 § 3, 1998).

19.06.300 Garage, side entry.

“Side entry garage” means a private garage where the sole vehicular garage door or opening is perpendicular to the lot line used for vehicular access. (Ord. 1317 § 3, 1998).

19.06.305 Gasoline station.

“Gasoline station” means a building or lot having storage tanks and pumps for the retail sale of fuel to vehicle drivers and where minor repair service and/or the retail sale of food and vehicle supplies is incidental thereto. (Ord. 1317 § 3, 1998).

19.06.310 General group home.

“General group home” means a dwelling structure which cannot be classified as either a single-family dwelling unit, family group home or correctional group home, which contains seven or more unrelated individuals. “General group home” includes assisted living facilities, convalescent homes and nursing homes that do not provide special care for individuals with handicaps. (Ord. 1777 § 1 (Exh. A), 2012; Ord. 1317 § 3, 1998).

19.06.315 Grade, adjacent ground elevation.

“Adjacent ground elevation grade” is the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building. (Ord. 1317 § 3, 1998).

19.06.320 Grade, finish.

“Finish grade” is the final grade of a specified site or area which conforms to an approved plan. (Ord. 1317 § 3, 1998).

19.06.325 Grading.

“Grading” means any excavating or filling or combination thereof. (Ord. 1317 § 3, 1998).

19.06.330 Gross acre.

“Gross acre” means an acre of a lot which includes future dedications, wetlands and other land features in the area calculation. (Ord. 1317 § 3, 1998).

19.06.335 Gross floor area.

“Gross floor area” means the sum of the gross horizontal areas of the floor(s) of a building or portion thereof, measured from the exterior walls and from the centerline of walls dividing uses or establishments. “Floor area” includes basement space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic space with headroom of 7.5 feet or more, penthouse floors, interior balconies and mezzanines, enclosed porches and malls. “Floor area” shall not include accessory water tanks and cooling towers, mechanical equipment or attic spaces with headroom of less than 7.5 feet, exterior steps or stairs, terraces, breezeways and open space. (Ord. 1317 § 3, 1998).

19.06.340 Groundcover.

“Groundcover” means low-growing vegetative materials with a mound or spreading manner of growth that provides solid cover within two years after planting. Examples include sod or seed lawn, ivy, juniper, cotoneaster, etc. (Ord. 1317 § 3, 1998).

Group home, correctional.

See FMC 19.06.180, Correctional group home. (Ord. 1317 § 3, 1998).

Group home, family.

See FMC 19.06.260, Family group home. (Ord. 1317 § 3, 1998).

Group home, general.

See FMC 19.06.310, General group home. (Ord. 1317 § 3, 1998).

19.06.345 Hazardous waste.

“Hazardous waste” means all dangerous waste and extremely hazardous waste as defined in RCW 70.105.010(15), as they now exist or are hereafter amended, except for moderate risk waste as set forth in RCW 70.105.010(17), as they now exist or are hereafter amended. (Ord. 1317 § 3, 1998).

19.06.350 Hazardous waste storage.

“Hazardous waste storage” means the holding of hazardous waste for a temporary period, as required by the State Dangerous Waste Regulations, Chapter 173-303 WAC, as they now exist or are hereafter amended. (Ord. 1317 § 3, 1998).

19.06.355 Hazardous waste treatment.

“Hazardous waste treatment” means the physical, chemical or biological processing of dangerous waste for the purpose of rendering these wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume. (Ord. 1317 § 3, 1998).

Height, building.

See FMC 19.06.125, Building height. (Ord. 1317 § 3, 1998).

19.06.357 Hobby farm.

“Hobby farm” means a small-scale commercial business involving livestock animals. (Ord. 1897 § 1, 2015).

19.06.360 Home occupation.

“Home occupation” means a business owned and operated by the permanent residents of a property. A home occupation is an accessory use to a primary residential use. (Ord. 1317 § 3, 1998).

19.06.362 Temporary homeless encampment.

“Temporary homeless encampment” means a temporary use of property either owned by or controlled by a religious organization, regardless of whether or not there are buildings on the property, for the purpose of providing temporary housing to homeless persons on the property, for a period of time not to exceed 90 days in any 365 consecutive day period. (Ord. 1914 § 1, 2015).

19.06.365 Hospital.

“Hospital” means a building used for the medical and surgical diagnosis and treatment of persons under the care of doctors and nurses. The building includes temporary in-patient facilities. (Ord. 1317 § 3, 1998).

19.06.367 Host agency.

“Host agency” means the religious organization that owns or controls the property that is the subject of an application for a city temporary homeless encampment permit for providing shelter and basic services and support to homeless encampment residents, such as hot meals and coordination of other needed donations and services. (Ord. 1914 § 1, 2015).

19.06.370 Hotel.

“Hotel” means a building or group of buildings in which there are guest rooms designed or intended for the purpose of offering lodging to the general public on a day-to-day or week-to-week basis. A hotel may or may not include kitchen facilities in any individual room or suite. Motels and bed and breakfasts are considered hotels under this title. Hotels with guest rooms that are available on a month-to-month basis and such rooms contain kitchen facilities shall be considered multifamily dwelling units subject to all of the provisions and requirements of this title governing such units for the zone in which the establishment is located. (Ord. 1317 § 3, 1998).

19.06.375 Hulk hauler.

“Hulk hauler” means any person, licensed by the state of Washington and operating in conformance with Chapter 46.79 RCW, as amended, who deals in vehicles for the sole purpose of transporting and/or selling them to a licensed vehicle wrecker or scrap processor in substantially the same form in which they are obtained. (Ord. 1317 § 3, 1998).

19.06.380 Impervious surface.

“Impervious surface” means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces. (Ord. 1317 § 3, 1998).

19.06.385 Impound.

“Impound” means to take and hold a vehicle in legal custody. (Ord. 1317 § 3, 1998).

19.06.390 Impound yard.

“Impound yard” means any area or enclosure established and used solely and exclusively for the parking and storage of impounded vehicles. (Ord. 1317 § 3, 1998).

19.06.395 Interior yard.

“Interior yard” means that portion of a lot which is not classified as a front yard. (Ord. 1317 § 3, 1998).

19.06.400 Junk vehicle.

“Junk vehicle” means a motor vehicle meeting at least three of the following requirements:

A. Is three years old or older;

B. Is extensively damaged, such damage including, but not limited to, any of the following: broken window or windshield or missing wheels, tires, motor or transmission;

C. Is apparently inoperable; and

D. Has an approximate fair market value equal only to the approximate value of the scrap in it. (Ord. 1317 § 3, 1998).

19.06.405 Junk or salvage yard.

“Junk or salvage yard” means a lot where nonhazardous waste or scrap materials are bought, sold, exchanged, stored, baled, packaged, disassembled or handled, but excludes recycling and vehicle wrecking activities. (Ord. 1317 § 3, 1998).

19.06.410 Kennel.

“Kennel” means any lot on which six or more dogs over six months of age are kept for any purpose. (Ord. 1317 § 3, 1998).

19.06.415 Kitchen.

“Kitchen” means any room or rooms, or portion of a room or rooms, used or intended or designed to be used for cooking or the preparation of food, including any room having a sink and provisions for gas or an electric stove. (Ord. 1317 § 3, 1998).

19.06.420 Livestock.

“Livestock” includes, but is not limited to, sheep, goats, oxen, cows, cattle, horses, llamas, alpacas, donkeys, mules, pigs, swine, ostriches, emus, rheas and all other animals not mentioned above or below which are included in either the bovid, equid, or suid families; ferrets, minks, exotic or poultry birds and rabbits which are raised for commercial purposes; snakes, lizards, turtles, frogs and all other reptilia, which are raised for commercial purposes; commercial fish; and all other animals not mentioned above which are raised for commercial purposes. (Ord. 1897 § 2, 2015; Ord. 1317 § 3, 1998).

19.06.425 Lot.

“Lot” means a division of land having fixed boundaries which has been created by a subdivision or short subdivision, or is a parcel of property that was exempt from subdivision requirements, or was established prior to the requirement that lots be created by a subdivision or short subdivision. (Ord. 1317 § 3, 1998).

19.06.430 Lot area.

“Lot area” means the entire horizontal land space, including land covered by water, contained within the fixed boundaries of any described lot or parcel of land. (Ord. 1317 § 3, 1998).

19.06.435 Lot, corner.

“Corner lot” means a lot abutting upon two or more streets at their intersection, or upon two portions of the same street forming an interior angle of less than 135 degrees within the lot lines. (Ord. 1317 § 3, 1998).

Lot coverage.

See FMC 19.06.185, Coverage. (Ord. 1317 § 3, 1998).

19.06.440 Lot dimension, minimum.

“Minimum lot dimension” means the lot shape requirement for newly created or adjusted lots which allows a circle of a designated diameter to be placed within the minimum setbacks of a lot. (Ord. 1317 § 3, 1998).

19.06.445 Lot line, front.

“Front lot line” means the boundary of a lot which abuts a private ingress and/or egress easement, or a public right-of-way. For lots with 60 feet or less of such abutment the front lot line shall include all lot lines which extend from the existing abutment and do not exceed an angle of more than 45 degrees from a line drawn between the endpoints of such boundary. (Ord. 1317 § 3, 1998).

19.06.450 Lot of record, legal.

“Legal lot of record” means a lot that has been legally established, any property line adjustments that were legally established, and is recorded in the Pierce County auditor’s office. (Ord. 1317 § 3, 1998).

19.06.452 Low impact development.*

See FMC 15.32.020. (Ord. 1685 § 1(Exh. A), 2009).

19.06.453 Low impact development facilities.*

See FMC Title 21. (Ord. 1685 § 1(Exh. A), 2009).

19.06.454 Low impact development techniques.*

See FMC Title 21. (Ord. 1685 § 1(Exh. A), 2009).

*Code reviser’s note: Ordinance 1685 added new definition Sections 19.06.453, 19.06.454 and 19.06.455. The sections have been renumbered to avoid duplication of an existing Section 19.06.455.

19.06.455 Machine shop.

“Machine shop” means an establishment engaged in the production of accessories, assemblies, components, electrical devices, equipment, parts, systems and tools for industries which may include automobile, aerospace, communications, computer, defense, entertainment, marine, medical, recording, scientific, space and industries of a similar nature. (Ord. 1317 § 3, 1998).

19.06.460 Manufactured home.

“Manufactured home” means any structure, transportable in one or more sections upon the public streets on its own running gear which, when erected on site, is designed to be connected to required utilities and utilized as a permanent dwelling. The term does not include recreational vehicle. (Ord. 1317 § 3, 1998).

19.06.465 Manufactured home, designated.

“Designated manufactured home” means a manufactured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which: is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long; was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch; and has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences. (Ord. 1317 § 3, 1998).

19.06.470 Manufactured home park.

“Manufactured home park” means an area or parcel designed or used for two or more nondesignated manufactured homes. The park may include park management offices and accessory community facilities for the exclusive use of park residents, such as recreation, laundry or storage facilities. (Ord. 1317 § 3, 1998).

19.06.471 Marijuana or marihuana.

“Marijuana” or “marihuana” shall be defined pursuant to RCW 69.50.101, now or hereafter amended. (Ord. 1957 § 3, 2017; Ord. 1872 § 1, 2014).

19.06.472 Marijuana concentrates.

“Marijuana concentrates” shall be defined pursuant to RCW 69.50.101, now or hereafter amended. (Ord. 1957 § 3, 2017; Ord. 1872 § 1, 2014).

19.06.473 Marijuana processing.

“Marijuana processing” shall be defined pursuant to RCW 69.50.101, now or hereafter amended. (Ord. 1957 § 3, 2017; Ord. 1872 § 1, 2014).

19.06.474 Marijuana producing.

“Marijuana producing” shall be defined pursuant to RCW 69.50.101, now or hereafter amended. (Ord. 1957 § 3, 2017; Ord. 1872 § 1, 2014).

19.06.475 Marijuana-infused products.

“Marijuana-infused products” shall be defined pursuant to RCW 69.50.101, now or hereafter amended. (Ord. 1957 § 3, 2017; Ord. 1872 § 1, 2014).

19.06.476 Marijuana retailing or marijuana retailer.

“Marijuana retailing” or “marijuana retailer” shall be defined pursuant to RCW 69.50.101, now or hereafter amended. (Ord. 1957 § 3, 2017; Ord. 1872 § 1, 2014).

19.06.477 Marijuana, useable.

“Marijuana, useable” (or “useable marijuana”) shall be defined pursuant to RCW 69.50.101, now or hereafter amended. (Ord. 1957 § 3, 2017; Ord. 1872 § 1, 2014).

19.06.478 Medical or dental clinic.

“Medical or dental clinic” means a building or complex occupied and used by physicians and dentists and other medical practitioners recognized by the state of Washington, for outpatients only; and including accessory uses including, but not limited to, therapeutic room and x-ray room, medical and dental laboratories, the dispensing of medicine and medical aides to outpatients of the clinic. Treatment programs, and other outpatient facilities that dispense prescription medication, are considered medical clinics. (Ord. 2003 § 1, 2019; Ord. 1872 § 1, 2014; Ord. 1317 § 3, 1998. Formerly 19.06.475).

19.06.479 Medical marijuana collective garden.

“Medical marijuana collective garden” shall mean the growing of medical cannabis by qualifying patients as provided in Chapter 69.51A RCW, now or hereafter amended, and subject to the provisions of this section. A collective garden may also include ancillary processing and distribution of medical cannabis to support the collective garden. Medical marijuana collective gardens are a prohibited land use in the city. In addition, a location used solely for processing or distributing medical cannabis, or not meeting the requirements of this section, shall not be considered a collective garden and is also prohibited. (Ord. 1872 § 1, 2014).

19.06.480 Medium-speed electric vehicle.

“Medium-speed electric vehicle” means a self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more than 25 miles per hour but not more than 35 miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 CFR Section 571.500. (Ord. 1872 § 1, 2014; Ord. 1780 § 2, 2012. Formerly 19.06.477).

19.06.483 Metal products, nonprecious.

“Nonprecious metal products” include ferrous, nonferrous or alloyed metals formed into bar stock sheets, tubes, wire and other extrusions. (Ord. 1872 § 1, 2014; Ord. 1317 § 3, 1998. Formerly 19.06.480).

19.06.485 Microcell.

“Microcell” means a wireless communication facility consisting solely of an antenna array that is either: (1) four feet in height and with an area of not more than 5,000 square inches; or (2) if a tubular (whip) antenna, no more than four inches in diameter and no more than six feet in length. (Ord. 1317 § 3, 1998).

19.06.490 Mini-storage.

“Mini-storage” means a facility consisting of separate storage units which are rented to customers having exclusive and independent access to their respective units for storage of residential or commercial oriented goods. (Ord. 1317 § 3, 1998).

Minor arterial.

See FMC 19.06.085, Arterial, minor. (Ord. 1317 § 3, 1998).

19.06.495 Mixed use.

“Mixed use” means a multistory building consisting of dwelling unit(s) and a permitted nonresidential use. At least 40 percent of the building’s gross floor area must be devoted to the dwelling unit(s). At least two-thirds of the first floor must be covered by a second floor. (Ord. 1317 § 3, 1998).

19.06.497 Mobile food unit.

“Mobile food unit” means a self-contained food service operation, located in a readily movable motorized wheeled or towed vehicle, used to store, prepare, display or serve food intended for individual portion service. This definition shall not include businesses providing or offering to provide scheduled delivery of food products to individual businesses or residences. (Ord. 1858 § 1, 2014).

19.06.498 Food truck, temporary.

“Temporary food truck” means a self-contained food service operation, located in a readily movable motorized wheeled or towed vehicle, cart or tent used to store, prepare, display or serve food that is specifically related to a special event permit issued by city staff for the purpose of providing food to guests of the event for a specifically determined time as set by the special event permit. (Ord. 1931 § 1, 2016).

19.06.500 Model studio, nude or semi-nude.

“Nude or semi-nude model studio” means any place where a person, who appears nude or semi-nude or displays specified anatomical areas and is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons. (Ord. 1317 § 3, 1998).

Motel.

See FMC 19.06.370, Hotel. (Ord. 1317 § 3, 1998).

19.06.505 Neighborhood electric vehicle.

“Neighborhood electric vehicle” means a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than 20 miles per hour and not more than 25 miles per hour and conforms to federal regulations under Title 49 C.F.R. Part 571.500. (Ord. 1780 § 2, 2012).

19.06.510 Nonconforming structure, enlargement of.

“Enlargement of a nonconforming structure” is an increase in the size of such structure including, but not limited to, height, width, length and gross floor area. (Ord. 1317 § 3, 1998).

19.06.515 Nonconforming use, expansion of.

“Expansion of a nonconforming use” refers to the existing use being spread out over a larger area, either within or outside of a structure. The expansion of a nonconforming use does not refer to an increase in the intensity of such use. (Ord. 1317 § 3, 1998).

19.06.520 Nonconforming use, intensity of.

“Intensity of a nonconforming use” refers to the level of activity pertaining to such use. The measure of intensity includes, but is not limited to, volume of customer and/or use-related traffic, number of employees, quantity of sales, hours of operation, amount of area required for operation and amount of external impacts including noise, vibration, light, glare and odor. (Ord. 1317 § 3, 1998).

19.06.525 Nonconformity.

“Nonconformity” means any lot, use, or structure which was legally established and in lawful compliance with the applicable zoning prior to the adoption of the ordinance codified in this title or title amendment, but because of such adoption or amendment, would not be permitted or does not fully comply with the provisions of this title. (Ord. 1317 § 3, 1998).

19.06.530 Noxious element.

“Noxious element” means material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals. (Ord. 1317 § 3, 1998).

19.06.535 Nude or nudity.

“Nude” or “nudity” means the appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast. (Ord. 1317 § 3, 1998).

Nude or semi-nude model studio.

See FMC 19.06.500, Model studio, nude or semi-nude. (Ord. 1317 § 3, 1998).

19.06.540 Ocean cargo container storage yard.

“Ocean cargo container storage yard” means a business engaging in the storage and/or transfer of ocean cargo containers rather than the temporary storage of ocean cargo containers incidental to a business. (Ord. 1317 § 3, 1998).

19.06.545 Off-site hazardous waste treatment and storage facility.

“Off-site hazardous waste treatment and storage facility” means a hazardous waste treatment or storage facility not located on-site as defined in FMC 19.06.550, On-site hazardous waste treatment and storage facility. (Ord. 1317 § 3, 1998).

19.06.550 On-site hazardous waste treatment and storage facility.

“On-site hazardous waste treatment and storage facility” means a hazardous waste treatment or storage facility which is located on the same, geographically contiguous, or bordering property. Travel between two properties divided by a public right-of-way and owned, operated, or controlled by the same person shall be considered on-site travel if the travel crosses the right-of-way at a perpendicular intersection, or the right-of-way is controlled by the property owner and is inaccessible to the public. The use of the word “on-site” in this definition shall not be applied to nonhazardous waste-related regulations elsewhere in this title. (Ord. 1777 § 1 (Exh. A), 2012; Ord. 1317 § 3, 1998).

19.06.555 Owner-occupied.

“Owner-occupied” means when the property owner’s primary and permanent legal residence is located on-site, as evidenced by voter registration, vehicle registration and/or other similar means. (Ord. 1317 § 3, 1998).

19.06.560 Parcel.

“Parcel” means a description of land which is on record with the Pierce County assessor’s office. A parcel of land may or may not be a legal lot of record and may be for tax or description purposes only. (Ord. 1317 § 3, 1998).

19.06.565 Park, city-wide.

“City-wide park” is a city-owned park for the recreation and enjoyment of all of Fife’s citizens, employees and visitors. A city-wide park has a central and accessible location within the city and is at least two acres in size. (Ord. 1317 § 3, 1998).

19.06.570 Parking area.

“Parking area” means an area of a lot accessible to vehicles, which is provided, improved, maintained and used for the sole purpose of accommodating a motor vehicle. (Ord. 1317 § 3, 1998).

19.06.575 Person.

“Person” includes any individual, firm, joint venture, co-partnership, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver or any other group or combination acting as a unit. (Ord. 1317 § 3, 1998).

19.06.580 Pet shop.

“Pet shop” means a retail establishment which sells fish, domesticated animals, birds and associated supplies, provided no boarding or veterinarian services are rendered, except bathing and clipping of dogs and cats. (Ord. 1317 § 3, 1998).

19.06.585 Pharmaceuticals.

“Pharmaceuticals” includes drugs, toiletries and cosmetics. (Ord. 1317 § 3, 1998).

19.06.590 Planned development.

“Planned development” means a development built under those provisions of this title which permit departures from the conventional requirements of other sections of this title in the interest of achieving superior site development, creating open space and encouraging imaginative design by permitting design flexibility. “Planned development” includes planned residential development (PRD) and planned industrial development (PID). (Ord. 1317 § 3, 1998).

19.06.592 Plug-in hybrid electric vehicle (PHEV).*

“Plug-in hybrid electric vehicle (PHEV)” means an electric vehicle that: (1) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (2) charges its battery primarily by connecting to the grid or other off-board electrical source; (3) may additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and (4) has the ability to travel powered by electricity. (Ord. 1780 § 2, 2012).

*Code reviser’s note: Ordinance 1780 adds this definition as Section 19.06.592. The section has been editorially renumbered to preserve alphabetization.

19.06.595 Post office.

“Post office” means a government-operated subdivision of a main post office station serving as a base for one or more carrier routes and providing customary customer postal service. (Ord. 1317 § 3, 1998).

19.06.600 Post office, contract station.

“Contract station post office” means a privately operated limited service postal facility carried on as adjunct to a principal business or use. (Ord. 1317 § 3, 1998).

19.06.605 Post office, terminal.

“Terminal post office” means the government-operated principal mail handling facility for a postal geographic service area. (Ord. 1317 § 3, 1998).

19.06.610 Precision components and products.

Examples of “precision components and products” include business machine, compact disc, control devices, computer, home appliance, measurement devices, photographic, radio, recording, sound and television equipment and products; scientific, optical, medical, dental and drafting instruments and products; and products of similar character. (Ord. 1317 § 3, 1998).

Principal use.

See FMC 19.06.805, Use, principal. (Ord. 1317 § 3, 1998).

19.06.620 Printing, large-scale.

“Large-scale printing” means a printing establishment generally serving account customers and utilizing a sheet-fed or web-fed press rather than a typical one-person off-set press. (Ord. 1317 § 3, 1998).

19.06.625 Printing, small-scale.

“Small-scale printing” means a printing establishment generally serving both walk-in and account customers, utilizing small-scale printing presses which are set up and operated by an individual and may include a bindery person as an assistant. Products primarily consist of business cards, envelopes, letterheads, reports, manuals and brochures. (Ord. 1317 § 3, 1998).

19.06.630 Processed materials.

Examples of “processed materials” include natural or synthetic materials including, but not limited to, bristles, canvas, cellophane and similar synthetics, chalk, clay, cloth, cork, feathers, felt, fiber, fur, glass, graphite, hair, horn, leather, metal products (nonprecious), paper, paraffin, plastic and resins, precious or semi-precious metals or stones, putty, pumice, rubber, shell, textiles, tobacco, wire, wood, wool and yarn. (Ord. 1317 § 3, 1998).

19.06.635 Professional office.

“Professional office” means an office maintained and used as a place of business conducted by persons engaged in recognized professions, and others whose business activity consists primarily of services to the person as distinguished from the handling of commodities. Healthcare providers that are not licensed to dispense prescription medication, which may include, but are not limited to, nutritionists and massage, acupuncture, and chiropractic providers, are considered professional offices. (Ord. 2003 § 2, 2019; Ord. 1317 § 3, 1998).

19.06.637 Prohibited use.

“Prohibited use” means any use of land or a building upon the land in a particular zoning classification that is: (A) listed as a prohibited use for that zoning classification; or (B) is not a use qualifying as a conditional use, either by listing or administrative interpretation, and is not otherwise listed as a permitted use or an accessory use in the particular zoning classification. (Ord. 1872 § 1, 2014).

19.06.640 Public or quasi-public utility.

“Public or quasi-public utility” means a private corporation performing a public service and subject to special governmental regulations or a governmental agency performing a similar public service, the services by either of which are paid for directly by individual recipients. Such services shall include, but are not limited to, water supply, electric power, gas and transportation of persons and freight. (Ord. 1317 § 3, 1998).

19.06.645 Publishing industries.

“Publishing industries” means printing, publishing and allied industries including such processes as lithography, etching, engraving, binding, blueprinting, photocopying, film processing and similar operations or activities. (Ord. 1317 § 3, 1998).

19.06.650 Railroad right-of-way.

“Railroad right-of-way” means a recorded strip of land designated for rail transportation, which usually includes tracks, auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards. (Ord. 1317 § 3, 1998).

19.06.655 Recorded.

“Recorded” means filed and recorded with the Pierce County auditor. (Ord. 1317 § 3, 1998).

19.06.660 Recreational vehicle.

“Recreational vehicle” means all vehicles, self propelled or propelled by another vehicle, designed primarily for touring with living/or sleeping quarters on board. “Recreational vehicle” includes, but is not limited to, campers, travel trailers and motor homes. (Ord. 1317 § 3, 1998).

19.06.665 Recreational vehicle park.

“Recreational vehicle park” means any area or parcel of land used or designed to accommodate two or more recreational vehicles. The park may include park management offices and accessory facilities for the exclusive use of park residents, such as recreation and shower facilities. (Ord. 1317 § 3, 1998).

19.06.670 Recyclable material.

“Recyclable material” shall mean, but not be limited to, those materials such as glass, paper and certain metals which are suitable for breakdown and refuse. (Ord. 1317 § 3, 1998).

19.06.675 Recycling collection center.

“Recycling collection center” means an enclosed facility or outdoor area which is used for the collection and shipment of presorted recyclable material. (Ord. 1317 § 3, 1998).

19.06.680 Religious institution.

“Religious institution” means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship. Accessory uses in the main building or in separate buildings may include, but are not limited to, religious educational class- rooms, assembly rooms, kitchen, library or reading room, recreational hall, but excluding day-care facilities. Accessory use includes one single-family dwelling unit for use by an institution official. (Ord. 1317 § 3, 1998).

19.06.685 Restaurant.

“Restaurant” means a fully enclosed building which prepares food for service to customers for consumption while seated at tables or counters and where any takeout service is entirely incidental. (Ord. 1317 § 3, 1998).

19.06.690 Restaurant, drive-thru.

“Drive-thru restaurant” means a fast-food restaurant which includes a driving lane and vehicle stacking space adjacent to the building for dispensing food prepared on-site to customers who remain in their vehicles. (Ord. 1317 § 3, 1998).

19.06.695 Restaurant, take-out.

“Take-out restaurant” means a restaurant which does not have a drive-thru facility but where food is primarily ordered by customers from an indoor counter and consumption may be either on or off the premises. (Ord. 1317 § 3, 1998).

19.06.700 Retirement home.

“Retirement home” means either a family group home or a general group home, exclusively for individuals 55 years of age or older. (Ord. 1317 § 3, 1998).

Rezone.

See FMC 19.06.065, Amendment. (Ord. 1317 § 3, 1998).

School.

See FMC 19.06.230, Educational institution. (Ord. 1317 § 3, 1998).

19.06.705 Secondhand dealer.

As per RCW 19.60.010(6), as amended, “secondhand dealer” means every person engaged in whole or in part in the business of purchasing, selling, trading, consignment selling, or otherwise transferring for value secondhand property including metal junk, melted metals, precious metals, whether or not the person maintains a fixed place of business in the state. (Ord. 1317 § 3, 1998).

19.06.710 Secondhand store.

“Secondhand store” includes, but is not limited to, a retail establishment which is involved in the selling of any or all secondhand goods or items of personal property which can be used again for the purpose for which they were originally intended. “Secondhand store” shall include, but not be limited to, arrangements whereby a building or area is sold, leased, rented, offered or donated to one or more persons where such persons may offer or display second-hand or junk items. “Secondhand store” shall include, but not be limited to, antique stores, consignment shops, flea markets and swap meets. (Ord. 1317 § 3, 1998).

19.06.715 Semi-nude.

“Semi-nude” means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps and devices. (Ord. 1317 § 3, 1998).

19.06.720 Semi-nude or semi-nude condition.

“Semi-nude or semi-nude condition” means a state of dress in which the clothing completely and opaquely covers no more than the genitals, pubic region and areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices. (Ord. 1317 § 3, 1998).

19.06.725 Setback.

For this title, “setback” means the minimum required distance between any structure and a specified line such as a property line, easement, or right-of-way that is required to remain free of structures unless otherwise provided herein. Setbacks are used to determine the location of a front, side and rear yard. (Ord. 1317 § 3, 1998).

19.06.730 Sexually oriented entertainment.

“Sexually oriented entertainment” means a live performance at an adult cabaret which is characterized by the performer’s exposure of “specified anatomical areas.” (Ord. 1317 § 3, 1998).

19.06.735 Shopping center.

“Shopping center” means a development devoted almost exclusively to retail sales and services. The development includes at least four separate retail businesses which may be leased or individually owned. (Ord. 1317 § 3, 1998).

19.06.740 Sign.

“Sign” means any commercial or noncommercial communication device, structure, or fixture that is intended to aid an establishment in promoting the sale of a product, good or service using graphics, symbols, or written copy (including the name of a business). (Ord. 1317 § 3, 1998).

19.06.745 Significant trees.

“Significant trees” are healthy evergreen trees with a height of 10 feet or more and healthy deciduous trees with a minimum diameter of six inches or more measured at a height of five feet above grade. (Ord. 1317 § 3, 1998).

19.06.747 Site-specific rezone.

“Site-specific rezone” means a proposed change or revision to the official city zoning map affecting a limited number of acres and must be composed of a single parcel or contiguous parcels that are under one or a limited number of ownerships and are requested to allow a specific project not allowed under the current zoning designation. (Ord. 1866 § 11, 2014).

19.06.748 Small cell facility.

“Small cell facilities” are small wireless facilities that meet each of the following conditions:

A. The facilities:

1. Are mounted on structures 50 feet or less in height including their antennas; or

2. Are mounted on structures no more than 10 percent taller than other adjacent structures; or

3. Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;

B. Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;

C. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume; and

D. The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards as specified by the FCC. (Ord. 2072 § 1, 2022).

19.06.749 Small cell network.

“Small cell network” shall mean and refer to a collection of interrelated small cell facilities designed to deliver personal wireless services. (Ord. 2072 § 2, 2022).

19.06.750 Specified anatomical areas.

“Specified anatomical areas” means less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of areolae, or human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Ord. 1317 § 3, 1998).

19.06.755 Specified sexual activities.

“Specified sexual activities” means:

A. The fondling or other intentional 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. Human genitals in a state of sexual stimulation, arousal or tumescence; or

E. Excretory functions as part of or in connection with any of the above. (Ord. 1317 § 3, 1998).

19.06.757 Sponsoring agency.

“Sponsoring agency” means an organization that assists the host agency and joins in an application with a host agency for a city temporary homeless encampment permit and assumes responsibility for providing basic services and support to temporary homeless encampment residents, such as hot meals and coordination of other needed donations and services. A sponsoring agency may be the same organization as the host agency. (Ord. 1914 § 1, 2015).

19.06.760 Stand.

“Stand” means a structure, open on at least one side, for the display and sale of goods. (Ord. 1317 § 3, 1998).

19.06.765 Story.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or unused underfloor space is more than six feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement or unused underfloor space shall be considered as a story. (Ord. 1317 § 3, 1998).

19.06.770 Story, first.

“First story” means the lowest story in a building which qualifies as a story, as herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, for more than 50 percent of the total perimeter or not more than eight feet below grade, as defined herein, at any point. (Ord. 1317 § 3, 1998).

19.06.775 Street.

“Street” means an improved public or private access serving more than one lot which provides access to abutting property. (Ord. 1317 § 3, 1998).

19.06.780 Street right-of-way.

“Street right-of-way” means a recorded strip of land which is occupied or dedicated to be occupied by a public street, including sufficient property reserved for utilities, transmission lines, sidewalks, bike lanes and other similar uses. (Ord. 1317 § 3, 1998).

19.06.785 Structural alteration.

“Structural alteration” means any change, addition or modification in construction. (Ord. 1317 § 3, 1998).

19.06.790 Structure.

“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, but not including fences less than six feet in height, driveways, parking lots or other paved areas. (Ord. 1317 § 3, 1998).

Structure, accessory.

See FMC 19.06.010, Accessory structure. (Ord. 1317 § 3, 1998).

Swap meet.

See FMC 19.06.710, Secondhand store. (Ord. 1317 § 3, 1998).

19.06.795 Tree topping.

“Tree topping” means the cutting of a branch or stem back to a stub or lateral branch not sufficiently large enough to assume the terminal role. (Ord. 1317 § 3, 1998).

19.06.800 Use.

“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. 1317 § 3, 1998).

19.06.805 Use, principal.

“Principal use” means the primary use of land or improvements as distinguished from a subordinate or accessory use. (Ord. 1317 § 3, 1998).

19.06.810 Use, accessory.

“Accessory use” means a use customarily incidental and subordinate to a permitted principal use and located on the same lot or in the same building as the principal use. (Ord. 1317 § 3, 1998).

19.06.815 Variance.

“Variance” is a means, approved by the hearing examiner, of altering the requirements of this title in specific instances where the strict application of these regulations would deprive a property of privileges enjoyed by other properties which are similarly situated, due to special features or constraints unique to the property involved. (Ord. 1593-06 § 54, 2006; Ord. 1317 § 3, 1998).

19.06.820 Vehicle repair, major.

“Major vehicle repair” means the rebuilding or reconditioning of motor vehicles or trailers including trucks over one and one-half tons capacity including, but not limited to, engine replacement or rebuilding; collision service, including body, frame or fender straightening or repair; and vehicle painting. (Ord. 1317 § 3, 1998).

19.06.825 Vehicle repair, minor.

“Minor vehicle repair” means general engine repair and part replacement for automobiles and trucks not exceeding one and one-half ton capacity, but not including any operation specified under FMC 19.06.820, Vehicle repair, major. (Ord. 1317 § 3, 1998).

19.06.830 Vehicle scrap processor.

“Vehicle scrap processor” means a state of Washington licensed establishment, operating in compliance with Chapter 46.79 RCW, as amended, that maintains a place where vehicles may be stored lawfully; a hydraulic baler, shear, shredder or other equipment for lawfully recycling vehicle salvage; and there is a building in which the scrap processor’s license is conspicuously displayed and where all records of the scrap processor are available for inspection. (Ord. 1317 § 3, 1998).

19.06.835 Vehicle wash.

“Vehicle wash” means a facility for washing motor vehicles utilizing any combination mechanical and/or manual processes. (Ord. 1317 § 3, 1998).

19.06.840 Vehicle wrecker.

“Vehicle wrecker” means every person, firm, partnership, association or corporation engaged in the business of buying, selling or dealing in vehicles of a type required to be licensed under the laws of this state, for the purpose of wrecking, dismantling, disassembling or substantially changing the form of a vehicle, or who buys or sells integral secondhand parts of component material thereof, in whole or in part, or who deals in secondhand vehicle parts. (Ord. 1317 § 3, 1998).

19.06.845 Veterinary clinic.

“Veterinary clinic” means an establishment in which veterinary services and temporary boarding incidental thereto are rendered, but not including kennels. (Ord. 1317 § 3, 1998).

19.06.850 Warehouse/warehousing.

“Warehouse/warehousing” means a facility generally dealing with the active reception and dispersal of goods that are oriented to manufactured products and household goods. A warehouse usually consists of a large multistoried building with loading docks. “Warehouse/warehousing” includes distribution and transfer such as rail-truck and truck-truck transfer facilities. (Ord. 1317 § 3, 1998).

19.06.855 Window, functional.

“Functional window” is a window which allows direct sunlight into a portion of the building interior which is frequently utilized by individuals within the building. (Ord. 1317 § 3, 1998).

19.06.860 Wireless communication attachment structure.

“Wireless communication attachment structure” means an existing or proposed building or structure upon which an antenna array is located. The design, construction and primary use of the attachment structure cannot be associated with wireless communication services. (Ord. 1317 § 3, 1998).

19.06.865 Wireless communication facility.

“Wireless communication facility” (“WCF”) means an unstaffed facility used for the transmission and/or reception of wireless communication services. This usually consists of an antenna array, an equipment shelter or cabinet and a support structure used to achieve the necessary elevation. This definition shall not include facilities that are part of the city’s emergency early warning system (including lahar sirens) or antennas that are part of the city’s supervisory control and data acquisition (SCADA) system connected to city utility facilities as an accessory use. (Ord. 1777 § 1 (Exh. A), 2012; Ord. 1465 § 1, 2002; Ord. 1317 § 3, 1998).

19.06.870 Wireless communication support structure.

“Wireless communication support structure” means a structure designed and constructed specifically to support an antenna array, and may include a monopole or lattice tower. (Ord. 1317 § 3, 1998).

19.06.875 Wrecked vehicle.

As defined by RCW 46.80.010(4), as amended, “wrecked vehicle” means a vehicle which is disassembled or dismantled or a vehicle which is acquired with the intent to dismantle or disassemble and never again to operate as a vehicle, or a vehicle which has sustained such damage that its cost to repair exceeds the fair market value of a like vehicle which has not sustained such damage, or a damaged vehicle whose salvage value plus cost to repair equals or exceeds its fair market value, if repaired, or a vehicle which has sustained such damage or deterioration that it may not lawfully operate upon the highways of this state for which the salvage plus cost to repair exceeds its fair market value, if repaired; further, it is presumed that a vehicle is a wreck if it has sustained such damage or deterioration that it may not lawfully operate upon the highways of the state. (Ord. 1317 § 3, 1998).

19.06.880 Yard.

“Yard” means a space defined by the required setback on any lot, unoccupied by a structure above 30 inches, unless otherwise provided herein. (Ord. 1317 § 3, 1998).

19.06.885 Zone or zoning district.

“Zone” or “zoning district” means an area accurately defined as to boundaries and location, and classified by this title as available for certain types of uses and within which other types of uses are excluded. Such district includes specific conditions, standards and requirements related to the permitted use of land within such district. (Ord. 1317 § 3, 1998).

19.06.890 Zoning map.

“Zoning map” means the official map, adopted as a part of this title, as amended, which accurately defines boundaries and locations of zoning districts. The official map may contain one or more map sheets and may be produced in multiple copies. (Ord. 1317 § 3, 1998).