Chapter 17.04 DEFINITIONS

H. Where a definition for a word or term is not found in this section, the definition of the word or term as found in the latest edition of Webster’s Dictionary shall apply. (Ord. 703 § 26, 1996; Ord. 573 § 2, 1990).

17.04.015 Accessory apartment.

“Accessory apartment” means a residential unit of up to 600 square feet with a functional kitchen, bath, and outside entrance attached to or on the same parcel as a single-family residence in a residential zone. Accessory apartments shall be under the same ownership as the primary residential unit with the owner living on-site in either unit. Accessory apartments shall not be condominiumized or otherwise sold separately. (Ord. 1046 § 1, 2006; Ord. 629 § 1, 1992).

17.04.017 Accessory uses and structures.

“Accessory uses and structures” means caretaker dwelling units associated with nonresidential uses, residential garages, sheds, similar outbuildings associated with the principal residential uses on the site and temporary buildings for and during construction. (Ord. 1046 § 2, 2006).

17.04.020 Administrative official.

“Administrative official” means a municipal official appointed by the mayor to administer and enforce this title and all other laws, statutes, rules and regulations applicable within the city. (Ord. 573 § 2, 1990).

17.04.021 Adult arcade.

“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. (Ord. 743 § 3, 1996).

17.04.022 Adult cabaret.

“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. (Ord. 743 § 4, 1996).

17.04.023 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. (Ord. 743 § 5, 1996).

17.04.024 Adult entertainment facility.

“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. (Ord. 743 § 6, 1996).

17.04.025 Adult family home.

“Adult family home” means a facility licensed pursuant to Chapter 70.128 RCW and is defined by RCW 70.128.010 as a residential home 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. (Ord. 1046 § 3, 2006; Ord. 703 § 1, 1996).

17.04.026 Adult motel.

“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 10 hours. (Ord. 743 § 7, 1996).

17.04.027 Adult motion picture theater.

“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. (Ord. 743 § 8, 1996).

17.04.028 Adult retail store.

“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. (Ord. 743 § 9, 1996).

17.04.030 Alley.

“Alley” means a private access or street, wider than 10 feet and no wider than 16 feet, that provides secondary access to residential parcels or units, and that provides principal access to garages or code-required parking areas. Alleys provide parking and service access, but are not intended for general traffic circulation. (Ord. 951 § 1, 2004; Ord. 573 § 2, 1990).

17.04.040 Alteration.

“Alteration” means any change, addition or modification in the construction, location, occupancy or use classification of any building or land. (Ord. 573 § 2, 1990).

17.04.041 Amateur radio tower.

“Amateur radio tower” means an antenna and tower which transmits non-commercial communication signals and is licensed as an amateur radio tower by the Federal Communications Commission. Guy wires for amateur radio towers are considered part of the structure for the purposes of meeting development standards. (Ord. 771 § 1, 1997).

17.04.045 Ancillary services

“Ancillary services” means services primarily for the employees of a primary permitted use. Examples of such uses include day care centers, cafeterias and exercise facilities for the benefit of the employees. Ancillary services shall not have exterior signage. (Ord. 1160 § 1, 2009).

17.04.050 Animal clinic.

“Animal clinic” means a facility under the direction of a veterinarian licensed by the state of Washington to perform medical and surgical services on animals. Overnight indoor confinement related to medical and surgical services is allowed. (Ord. 1046 § 4, 2006; Ord. 573 § 2, 1990).

17.04.055 Antenna.

“Antenna” means any exterior apparatus designed for telephonic radio, data, Internet or television communications through the sending and/or receiving of electromagnetic waves, and includes equipment attached to a tower or building for the purpose of providing personal wireless services, including unlicensed wireless telecommunications services, wireless telecommunications services utilizing frequencies authorized by the Federal Communications Commission “cellular,” “enhanced specialized mobile radio,” and personal communications services, “telecommunications services,” and its attendant base station. An “antenna array” is one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (panel) and parabolic (disc). The antenna array does not include the support structure. (Ord. 771 § 2, 1997; Ord. 573 § 2, 1990).

17.04.060 Apartment.

“Apartment” means any portion of a building that is designed, built, rented, leased, let or hired out to be occupied as an independent housekeeping unit with its own cooking facilities and that is contained within a multiple-family dwelling (see GHMC 17.04.290). (Ord. 573 § 2, 1990).

17.04.070 Area, building.

“Building area” means the total ground coverage of a building or structure and is measured from the outside of the building’s or structure’s external walls. (Ord. 573 § 2, 1990).

17.04.080 Area, site.

“Site area” means all the area within the boundaries of a lot, tract, parcel or site, excluding public rights-of-way dedicated to the state, county or city for use as thoroughfares and private rights-of-way established for motor vehicular thoroughfares; provided, that private rights-of-way which provide common access to three or less lots within a short plat may be included for the purposes of calculating lot area. (Ord. 601 § 1, 1991; Ord. 573 § 2, 1990).

17.04.085 Art gallery.

“Art gallery” means a room or series of rooms where works of art are exhibited. (Ord. 871 § 2, 2001).

17.04.086 Attic.

“Attic” means finished or unfinished space with a headroom of less than seven feet between the ceiling beams of the top story and the roof rafters. (Ord. 1152 § 1, 2009).

17.04.087 Automotive fuel dispensing facility.

“Automotive fuel dispensing facility” means any facility that is used for the sale of gasoline or other motor fuels, oil, lubricants and auto accessories, and may or may not include washing, lubricating and other minor services. Painting and/or body work activities are not allowed. (Ord. 1046 § 5, 2006).

17.04.090 Banks and financial institutions.

“Banks and financial institutions” means those uses which are classified in major groups 60, 61 and 62 in the Standard Industrial Classification Manual (SICM), 1987 edition or as amended. (Ord. 724 § 1, 1996).

17.04.100 Basement.

“Basement” means a story having at least 50 percent of its volume below grade. (Ord. 573 § 2, 1990).

17.04.103 Bed and breakfast.

Repealed by Ord. 1046. (Ord. 573 § 2, 1990).

17.04.110 Boardinghouse.

Repealed by Ord. 1046. (Ord. 573 § 2, 1990).

17.04.120 Boat house.

“Boat house” means a building that provides shelter for a boat or boats. (Ord. 573 § 2, 1990).

17.04.125 Broadcast and relay towers.

“Broadcast and relay towers” means a freestanding support structure, attached antenna, and related equipment intended for transmitting, receiving or re-transmitting commercial television, radio, telephone, or other communication services. (Ord. 771 § 3, 1997).

17.04.128 Buildable lands, net.

Repealed by Ord. 951. (Ord. 863 § 1, 2001).

17.04.130 Building.

“Building” means any structure built for the support or enclosure of persons, animals, chattels or property of any kind. (Ord. 573 § 2, 1990).

17.04.140 Building, accessory.

“Accessory building” means a detached building the use of which is appropriate, subordinate and customarily incidental to the principal building or the principal use of the land, and is located on the same lot as the principal building or principal use of the land. A building shall not be accessory and shall be considered to be part of the principal building when joined to the principal building by a common wall at least four feet long or when connected to the principal building by a breezeway that is eight feet or less in length. (Ord. 573 § 2, 1990).

17.04.150 Building, existing.

“Existing building” means a building erected before the effective date of the ordinance codified in this title or one for which application for a building permit was made before the effective date of the ordinance codified in this title. (Ord. 573 § 2, 1990).

17.04.160 Building height.

“Building height” means the vertical distance measured from the highest elevation of the natural grade of the property where the footprint of the building will be located to the highest point of the roof, excluding chimneys and antennas. (Ord. 573 § 2, 1990).

17.04.170 Building line.

“Building line” means the surface of that face or corner of the part of the building nearest the property line. (Ord. 573 § 2, 1990).

17.04.180 Building, principal.

“Principal building” means the building that contains the principal use of a lot. (Ord. 573 § 2, 1990).

17.04.190 Building setback.

“Building setback” means the distance between the building line and the nearest boundary to the site or lot, measured at right angles to the boundary. (Ord. 573 § 2, 1990).

17.04.200 Business.

“Business” means an activity involving the wholesale or retail sale or the rental of any article or substance or commodity, including but not limited to building materials and vehicles, or involving the provision of commercial services. (Ord. 573 § 2, 1990).

17.04.201 Business services

“Business services” means an establishment engaged in providing services to individuals, business and professional office uses. Examples of such uses include: postal services, financial institutions, photocopying and reproduction services, janitorial services, graphic design services, advertising services, data processing services, employment agencies. (Ord. 1160 § 2, 2009).

17.04.203 Cel-site.

“Cel-site” means a tract or parcel of land that contains wireless service facilities, including any antenna, support structure, accessory buildings and parking, and may include other uses associated with and ancillary to wireless services. (Ord. 771 § 4, 1997).

17.04.204 Cemetery.

“Cemetery” means any one, or a combination of more than one, of the following, in a place used or intended to be used for the placement of human remains and dedicated for cemetery purposes: (A) a burial park, for earth interments; (B) a mausoleum, for crypt interments; or (C) a columbarium, for permanent niche interments. The following may be accessory uses to the principal cemetery use: crematoriums, funeral homes (with attendant reception and funeral services), mortuaries, and related maintenance and administration facilities. Retail sales of cemetery-related items, including but not limited to flowers, urns and headstones, when operated in conjunction with and within the boundary of such cemetery, are allowed and shall be regulated by the requirements relating to retail sales. (Ord. 1148 § 1, 2008).

17.04.205 City.

“City” means the city of Gig Harbor, Washington. (Ord. 703 § 2, 1996).

17.04.210 Clinic.

“Clinic” means a building designed and used for the medical and surgical diagnosis and treatment of human patients under the care of doctors and nurses or other licensed health professionals. (Ord. 573 § 2, 1990).

17.04.220 Clubs.

“Club” means a building or group of buildings where members of an association or fraternal, cultural, or religious organization hold their meetings. A club may contain space available for temporary rental, and a kitchen facility to serve members and guests. (Ord. 1066 § 1, 2007; Ord. 1046 § 8, 2006; Ord. 573 § 2, 1990).

17.04.225 Co-location.

“Co-location” means the placement and arrangement of multiple antennas and equipment on a single support structure and equipment pad area. (Ord. 771 § 5, 1997).

17.04.230 Coverage.

“Coverage” is that percentage of the area of a lot or site that is built on or occupied by buildings, parking areas and other impervious surfaces. (Ord. 573 § 2, 1990).

17.04.240 Commercial child care.

“Commercial child care” means a state-licensed business that provides child care on a daily basis outside of the provider’s dwelling. (Ord. 1046 § 9, 2006; Ord. 724 § 2, 1996).

17.04.242 Commercial photography.

“Commercial photography” means establishments engaged in providing commercial photography including cinematography and video production facilities services for advertising agencies, publishers and other business and industrial users. (Ord. 724 § 5, 1996).

17.04.245 Commercial building/structure.

“Commercial building/structure” refers to a type of structure or portion of a structure which is used primarily for wholesale or retail sale or trade of products not manufactured on the site. Professional services (GHMC 17.04.680) and manufacturing (GHMC 17.04.436) are excluded from this definition. (Ord. 752 § 2, 1997).

17.04.247 Community recreation hall.

“Community recreation hall” means a facility provided by a nonprofit organization or government agency, for the purposes of community gatherings, classes, meetings, etc. Such a facility may include a commercial grade kitchen. (Ord. 871 § 1, 2001).

17.04.250 Comprehensive plan.

“Comprehensive plan” means the planning document as defined in RCW 36.70A.030(4). (Ord. 703 § 3, 1996; Ord. 573 § 2, 1990).

17.04.255 Computer assembly plants.

“Computer assembly plants” means those uses which are classified as industry group 357 in the Standard Industrial Classification Manual (SICM), 1987 edition or as amended. (Ord. 724 § 3, 1996).

17.04.260 Conditional use.

“Conditional use” means a use listed among those classified in any given zone but permitted only after a public hearing by the city and the granting of a conditional use permit imposing such performance standards as will make the use compatible with other permitted uses in the same district. (Ord. 703 § 4, 1996; Ord. 573 § 2, 1990).

17.04.261 Contractor’s yard.

“Contractor’s yard” is an outdoor storage area used for the storage of equipment or machinery typically used in the construction trades industry. (Ord. 752 § 1, 1997).

17.04.262 Courier services.

“Courier services” means those uses which are classified as group 4215 in the Standard Industrial Classification Manual (SICM), 1987 edition or as amended. (Ord. 724 § 4, 1996).

17.04.264 Day care provider, family.

“Family day care provider” means a state-licensed day care provider as defined in RCW 74.15.020 who regularly provides day care for not more than 12 children in the provider’s home in the family living quarters. (Ord. 1046 § 10, 2006; Ord. 703 § 5, 1996; Ord. 573 § 2, 1990).

17.04.265 Coffee house.

“Coffee house” means a restaurant 1 use that serves primarily coffee, tea and other nonalcoholic beverages. (Ord. 1046 § 11, 2006; Ord. 598 § 3, 1991).

17.04.268 Delicatessen.

Repealed by Ord. 1046. (Ord. 598 § 3, 1991).

17.04.269 Dense vegetative screen.

A “dense vegetative screen” consists of a physical buffer which is opaque to a height of six feet and broken to a height of 20 feet. Screening may be achieved through any one or a combination of the following methods:

A. A solid row of evergreen trees or shrubs.

B. A solid row of evergreen trees or shrubs planted on an earthen berm.

C. A combination of trees and shrubs and fencing where the amount of fencing does not exceed 50 percent of the lineal distance of the side to be buffered. Ground cover plants which are capable of providing complete ground coverage within three years of planting shall also be provided. (Ord. 652 § 1, 1993).

17.04.270 Detached buildings.

“Detached building” means a building surrounded on all sides by open space and not connected to another building or structure except by utilities. (Ord. 573 § 2, 1990).

17.04.271 Director.

“Director” means the planning director or his/her designated representative. (Ord. 1197 § 10, 2010; Ord. 703 § 6, 1996).

17.04.272 Developed property.

“Developed property” means a lot or parcel of land upon which a building/buildings is/are located, but which contains insufficient area to be capable of further subdivision in accordance with the Gig Harbor subdivision or short subdivision ordinances (GHMC Title 16), as now or hereafter amended. (Ord. 703 § 7, 1996).

17.04.275 Distribution facilities.

“Distribution facilities” means those uses which are classified as group 4212 in the Standard Industrial Classification Manual (SICM), 1987 Edition or as amended. (Ord. 724 § 6, 1996).

17.04.280 Dock.

“Dock” means a place or structure that connects with the shore and provides access to a boat vessel from the land. (Ord. 573 § 2, 1990).

17.04.285 Drive-through facility.

“Drive-through facility” means an establishment, as allowed in the zone, that permits customers to receive services or products while remaining in their vehicles. (Ord. 1046 § 13, 2006; Ord. 752 § 5, 1997; Ord. 573 § 2, 1990).

17.04.287 Dwelling, attached.

“Attached dwelling” means a dwelling that is connected to one or more dwellings by common vertical walls, horizontal floor, or a continuous roof structure. (Ord. 1046 § 14, 2006).

17.04.288 Dwelling, duplex.

“Duplex dwelling” means a residential structure with two attached dwelling units and is constructed on a permanent foundation. (Ord. 1046 § 15, 2006).

17.04.289 Dwelling, fourplex.

“Four-plex dwelling” means a residential structure with four attached dwelling units and is constructed on a permanent foundation. (Ord. 1046 § 16, 2006).

17.04.290 Dwelling, multiple-family.

“Multiple-family dwelling” means a residential building that is designed for or occupied by three or more families living independently of each other in separate but attached dwelling units and is constructed on a permanent foundation. (Ord. 1046 § 17, 2006; Ord. 703 § 8, 1996; Ord. 573 § 2, 1990).

17.04.300 Dwelling, single-family.

“Single-family dwelling” means a residential structure with one dwelling unit that is constructed on a permanent foundation. Single-family dwellings are detached from other single-family dwellings except that accessory apartments may be attached to a single-family dwelling. (Ord. 1046 § 18, 2006; Ord. 573 § 2, 1990).

17.04.301 Dwelling, triplex.

“Triplex dwelling” means a residential structure with three attached dwelling units and is constructed on a permanent foundation. (Ord. 1046 § 19, 2006).

17.04.305 Dwelling, mobile/manufactured.

“Mobile/manufactured dwelling” means a residential unit on one or more chassis for towing to the point of use and designed to be used as a dwelling unit on a year-round basis, and if to be installed, one which bears an insignia by a state or federal regulatory agency indicating that the mobile/manufactured home complies with all applicable construction standards of the U.S. Department of Housing and Urban Development’s definition of a manufactured home. (Ord. 573 § 2, 1990).

17.04.310 Dwelling, two-family.

Repealed by Ord. 1046. (Ord. 573 § 2, 1990).

17.04.320 Dwelling unit.

“Dwelling unit” is one or more rooms with at least one kitchen, that is designed as a unit for occupancy by not more than one family for sleeping and living purposes. Each unit at an assisted living facility or independent living facility shall count as one-third of a dwelling unit (.33) for purposes of calculating density. (Ord. 990 § 1, 2005; Ord. 573 § 2, 1990).

17.04.325 Dwelling, factory-built.

“Factory-built dwelling” means a structure constructed in a factory of factory assembled parts and transported to the building site in whole or in units which meets the requirements of the International Building Code. The completed structure is not a mobile/manufactured home; it is a detached building that is designed for long-term human habitation exclusively by one family, has complete living facilities and constitutes one dwelling unit. (Ord. 573 § 2, 1990).

17.04.326 Entertainment, commercial.

“Commercial entertainment” means any passive recreational activities including but not limited to movie theaters, performing arts theaters, concert halls, and arcades. (Ord. 1046 § 21, 2006).

17.04.327 Equipment, heavy.

“Heavy equipment” means vehicles or machines capable of lifting or altering heavy objects, moving large quantities of earth and/or stone, extracting natural resources, harvesting, planting or maintaining agricultural/forest products, and other vehicles or machines performing large-scale work tasks. Heavy equipment includes, but is not limited to, cranes, bulldozers, earth scrapers, tractors over 80 horsepower, and equipment of a similar nature. (Ord. 1046 § 22, 2006).

17.04.328 Essential public facilities.

“Essential public facilities” includes those facilities identified in RCW 36.70A.200 that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020. (Ord. 1046 § 23, 2006).

17.04.329 Expressive dance.

“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. 743 § 10, 1996).

17.04.330 Family.

“Family” means an individual or individuals domiciled together in one dwelling unit as a single household and which the number of individuals occupying the dwelling unit shall not exceed the occupant load of the structure as calculated by the city in accordance with the adopted building code. (Ord. 703 § 9, 1996; Ord. 573 § 2, 1990).

17.04.340 Fence.

“Fence” means a barrier that is constructed of one or more of the following materials or a combination thereof, of wood, metal, plastics and masonry materials and which the prime purpose is to separate, screen or partition a parcel or parcels along the perimeters from adjoining parcels, or to screen or partition within a portion of a parcel. (Ord. 667 § 1, 1994; Ord. 573 § 2, 1990).

17.04.350 Fence height.

“Fence height” means the vertical distance from grade directly under the fence to the highest point of the fence above the point of measurement. (Ord. 573 § 2, 1990).

17.04.360 Floor area, gross.

A. “Gross floor area” in the WR, WM, WC and RB-1 zoning districts means:

1. The sum of the horizontal area of the floor(s) of a building or buildings measured from the exterior faces of exterior walls and from centerlines of division walls. The gross floor area includes basement space, garage space, the elevator shafts and stairwells at each floor, mechanical equipment rooms, finished attics with a headroom of seven and one-half feet or more, penthouse floors, interior balconies and mezzanines, and enclosed porches. The gross floor area shall not include accessory water tanks and cooling towers, mechanical equipment, and unfinished attics regardless of headroom.

2. For purposes of determining off-street parking requirements, gross floor area shall mean the sum of the horizontal area of the floor(s) of a building or buildings measured from the exterior faces of exterior walls and from centerlines of division walls including basement space, the elevator shafts and stairwells at each floor, mechanical equipment rooms, finished attics with a headroom of seven and one-half feet or more, penthouse floors, interior balconies and mezzanines, enclosed porches; but, shall not include garage space, accessory water tanks and cooling towers, mechanical equipment and unfinished attics regardless of headroom.

B. “Gross floor area” in the PI, R-1, RLD, R-2, RMD, R-3, RB-2, DB, B-1, B-2, C-1, PCD-C, ED, PCD-BP, PCD-NB and MUD zoning districts means:

1. The sum of the horizontal area of the floor(s) of a building or buildings measured from the exterior faces of exterior walls and from centerlines of division walls. The gross floor area includes garage space, the elevator shafts and stairwells at each floor, mechanical equipment rooms, penthouse floors, interior balconies and mezzanines, and enclosed porches. The gross floor area shall not include accessory water tanks and cooling towers, mechanical equipment, attics as defined by GHMC 17.04.086, and underground floor area as defined by GHMC 17.04.362.

2. For purposes of determining off-street parking requirements, gross floor area shall mean the sum of the horizontal area of the floor(s) of a building or buildings measured from the exterior faces of exterior walls and from centerlines of division walls including the elevator shafts and stairwells at each floor, mechanical equipment rooms, penthouse floors, interior balconies and mezzanines, enclosed porches and underground floor area; but, shall not include garage space, accessory water tanks and cooling towers, mechanical equipment and attics. (Ord. 1152 § 2, 2009; Ord. 1008 § 2, 2005; Ord. 573 § 2, 1990).

17.04.362 Floor area, underground.

“Underground floor area” means the floor area of a building, structure, story, or portion of a story constructed entirely below natural or finished grade, whichever is lower, excluding below grade window wells required for rescue and escape and up to an additional 24 linear feet of access. (Ord. 1152 § 3, 2009).

17.04.365 Floor area ratio.

“Floor area ratio” is a proportional allowance which a building may use for maximum floor area based upon the area of the lot or parcel. The intent of floor area ratios is to minimize the mass, scale and bulk of a structure on a parcel and adjacent parcels while providing sufficient open space, solar access and view opportunities. (Ord. 703 § 10, 1996).

17.04.367 Footprint.

“Footprint” of a structure or building shall be measured from the outer perimeter excluding eave overhangs and other cantilevered portions projecting no more than 18 inches and no wider than 10 feet. The footprint of a structure or building shall not include any portions that are completely below ground. (Ord. 1008 § 1, 2005).

17.04.370 Garage.

“Garage” means a building or a portion thereof in which motor vehicles are stored, repaired or maintained. (Ord. 573 § 2, 1990).

17.04.380 Garage, motor vehicle repair.

“Motor vehicle repair garage” means a garage that is available to the public, is operated for gain and is used for the storage, repair, rental, greasing, washing, servicing, adjusting or equipping of motor vehicles. (Ord. 573 § 2, 1990).

17.04.390 Garage, private.

“Private garage” means an accessory building or any portion of a principal building that is used in connection with residential purposes as a garage. (Ord. 573 § 2, 1990).

17.04.400 Government administrative office.

“Government administrative office” means a facility for the executive, legislative, judicial, administrative, and regulatory activities of local, state, federal, and international governments that may perform public services and work directly with citizens. Typical facilities include courthouses, human and social service offices, health offices, and government offices. (Ord. 1046 § 25, 2006).

17.04.405 Grade.

“Grade” means the finished surface of the ground after grading for development. (Ord. 573 § 2, 1990).

17.04.407 Ground cover.

“Ground cover” means small plants such as salal, ivy, ferns, mosses, grasses or other types of vegetation which normally cover the ground and shall include trees less than three inches in diameter measured at 54 inches aboveground. (Ord. 703 § 11, 1996).

17.04.408 Habitable space.¹

“Habitable space” shall mean a space in a building for living, sleeping, eating or cooking, and shall also include bathrooms, toilet rooms, closets, halls, storage rooms and utility rooms. Habitable space does not include attic areas that have no floors or finished interior walls. (Ord. 995 § 1, 2005).

17.04.409 Hedge.1

“Hedge” is a row of closely planted shrubs, bushes, or trees aligned in a linear fashion forming a screen, fence, or boundary. (Ord. 995 § 4, 2005).

17.04.410 Home occupation.

“Home occupation” means any activity conducted for financial gain or profit in a dwelling unit by persons residing therein, and which activity is not generally or customarily characteristic of activities for which dwelling units are intended or designed and such activity is clearly incidental or secondary to the residential use of a dwelling unit. (Ord. 1046 § 26, 2006; Ord. 703 § 27, 1996).

17.04.412 Hospital.

“Hospital” means a 24-hour, inpatient medical and surgical treatment facility. (Ord. 1046 § 27, 2006; Ord. 955 § 2, 2004).

17.04.415 Hotel/motel.

Repealed by Ord. 1046. (Ord. 573 § 2, 1990).

17.04.420 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 a 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, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads with compacted sub-grade, 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. 863 § 2, 2001; Ord. 573 § 2, 1990).

17.04.424 Industrial, level 1.

“Industrial, level 1” means the assembly, production, or storage of finished or semi-finished materials or components into a finished or semifinished product. Acceptable uses must have minimal nuisance factors such as, but not limited to, noise, light, glare, odors, particulate emissions and hazardous waste. Examples of acceptable uses include contractor’s office and/or shop, light assembly, light manufacturing, mailing and packaging facilities, warehousing, cinematography and video production facilities, research and development facilities, linen, diaper and similar supply services and laundry facilities. (Ord. 1160 § 3, 2009; Ord. 1046 § 29, 2006).

17.04.425 Industrial, level 2.

“Industrial, level 2” means the assembly, production, or storage of finished, semi-finished, or raw materials or components into a finished or semi-finished product. Acceptable uses may have moderate nuisance factors such as, but not limited to, noise, light, glare, odors, particulate emissions and hazardous waste. Examples of such uses include all industrial, level 1 uses plus uses such as contractors’ yards, moving companies, distribution facilities, frozen food lockers, commercial greenhouses and processing of raw materials, except that refining and smelting are not allowed. (Ord. 1046 § 30, 2006).

17.04.430 Junkyard.

“Junkyard” means any lot or portion of any lot used for the storage or keeping of junk or waste material including worn-out or wrecked motor vehicles, scrap, partially or fully discarded tangible materials, combinations of materials or items such as machinery, metal, rags, rubber, paper, plastics, chemicals, and building materials that cannot, without further alteration or reconditioning, be used for their original purpose. A junkyard may include an auto wrecking yard. (Ord. 573 § 2, 1990).

17.04.431 Kennel.

“Kennel” means a commercial establishment in which domesticated animals are housed, groomed, bred, boarded, trained, or sold. (Ord. 1046 § 31, 2006).

17.04.432 Legal interest.

“Legal interest” means the owner of record for the parcel and/or the duly authorized agent for the owner of record. (Ord. 573 § 2, 1990).

17.04.433 Land clearing.

Repealed by Ord. 1197. (Ord. 752 § 3, 1997).

17.04.434 Light assembly.

“Light assembly” means the assembly of prefabricated materials or components into a finished product. Included in this definition is product wholesaling and material storage. (Ord. 573 § 2, 1990).

17.04.436 Light manufacturing.

“Light manufacturing” means any premises devoted to the production of a finished or semifinished product and which has minimal nuisance factors such as, but not limited to, noise, light, glare, odors, particulate emission and hazardous wastes. (Ord. 573 § 2, 1990).

17.04.438 Living facility, assisted.

“Assisted living facility” means a multiunit establishment which provides living quarters and a variety of supportive personal care, limited health care, housekeeping, and transportation services to individuals who are unable to live independently due to infirmity of age or physical handicap, but who do not need the medically oriented care of a skilled nursing facility. Individual dwelling units are of a barrier-free design with separate bathroom facilities and a mini-kitchen without range. Communal areas include a dining room in which three meals per day are served, social and activity areas, laundry facilities, and open space. Assisted living facilities are licensed under Chapter 388-110 WAC. (Ord. 990 § 2, 2005).

17.04.439 Living facility, independent.

“Independent living facility” means a multiunit establishment which provides living quarters and a variety of social, housekeeping, and transportation services to senior citizens who choose to live in a congregate setting. Individual dwelling units are of a barrier-free design with separate bathroom facilities and may contain a full kitchen, partial kitchen, or no kitchen. Communal areas include a dining room in which at least one meal per day is served, social and activity areas, laundry facilities, and open space. (Ord. 990 § 3, 2005).

17.04.440 Loading berth.

“Loading berth” means an off-street space or berth that is on the same lot with the building it serves and is used for the parking of a vehicle while loading or unloading material or items. (Ord. 573 § 2, 1990).

17.04.444 Lodging, level 1.

“Lodging, level 1” means a single-family residence which provides overnight lodging for guests, and may provide meals for overnight guests, not to exceed five guest rooms. (Ord. 1046 § 32, 2006).

17.04.445 Lodging, level 2.

“Lodging, level 2” means an establishment providing sleeping accommodations with a majority of all guest rooms having direct access to the outside without the necessity of passing through the main lobby of the building, with or without food services, and may include conference facilities. (Ord. 1046 § 33, 2006).

17.04.446 Lodging, level 3.

“Lodging, level 3” means an establishment providing sleeping accommodations with a majority of all guest rooms having direct access through the main lobby of the building, with or without food services, and may include conference facilities. (Ord. 1046 § 34, 2006).

17.04.450 Lot.

“Lot” means an area of land that is described by metes and bounds or recorded plat and is to be used, developed or built upon as a single unit of land. (Ord. 573 § 2, 1990).

17.04.455 Lot of record.

“Lot of record” means a lot, tract or parcel which is defined by a deed recorded as a valid lot in a recorded subdivision with the county auditor and assigned a tax number. (Ord. 703 § 12, 1996; Ord. 573 § 2, 1990).

17.04.460 Lot area.

“Lot area” means all the area within the boundaries of a lot excluding rights-of-way, etc. (see GHMC 17.04.080). (Ord. 573 § 2, 1990).

17.04.470 Lot, corner.

“Corner lot” means a lot situated at the junction of and bordering on two intersecting public rights-of-way. On a corner lot, the front lot line is the shorter lot line adjacent to a public street; the longer lot line adjacent to a public street is a side lot line. (Ord. 573 § 2, 1990).

17.04.480 Lot, depth of.

“Depth of lot” means the average distance from the front lot line to the rear lot line measured horizontally from the midpoint of the front lot line to the midpoint of the rear lot line. (Ord. 573 § 2, 1990).

17.04.490 Lot, interior.

“Interior lot” means any lot other than a corner lot. (Ord. 573 § 2, 1990).

17.04.500 Lot line.

“Lot line” means a portion of the boundary of a lot dividing it from other lots or parcels of land. (Ord. 573 § 2, 1990).

17.04.510 Lot line, front.

“Front lot line” of an interior lot means the lot line adjacent to a public street. If the interior lot does not have a lot line adjacent to a public street, the front lot line shall be the total line first crossed when gaining access to the lot from a private street or access easement. See GHMC 17.04.470 for the definition of the front lot line of a corner lot. (Ord. 1194 § 6, 2010; Ord. 573 § 2, 1990).

17.04.520 Lot line, rear.

“Rear lot line” means the lot line opposite and most distant from the front lot line, and in the case of an irregularly, triangularly or triangular-shaped lot, the rear lot line will be determined by the planning director. (Ord. 573 § 2, 1990).

17.04.530 Lot line, side.

“Side lot line” means any lot line that is not the front lot line or the rear lot line. (Ord. 573 § 2, 1990).

17.04.540 Lot, through.

“Through lot” means an interior lot fronting on two streets. A through lot has two front lot lines and no rear lot line. (Ord. 573 § 2, 1990).

17.04.542 Lot width.

“Lot width” means the horizontal dimension of the front lot line or, in an irregularly shaped lot, the horizontal dimension across the lot at the building setback line. (Ord. 1046 § 35, 2006; Ord. 573 § 2, 1990. Formerly 17.04.550).

17.04.544 Low impact retail.

“Low impact retail” means retail uses that are compatible with, and targeted to, local residential consumers, and that reduce the hazards of local traffic by limiting the size of the building. Such stores or services may include pharmacies, bakeries and delicatessens or coffee shops, barbershops and beauty parlors, drycleaners, shoe repair, small commercial postal services, flower shops, and similar uses. Drive-in establishments, such as gas stations or drive-through restaurants, do not meet this definition. (Ord. 1046 § 36, 2006; Ord. 863 § 3, 2001. Formerly 17.04.551).

17.04.546 Mail and packaging facilities.

“Mail and packaging facilities” means retail facilities which provide mail and package services to the general public. (Ord. 1046 § 37, 2006; Ord. 724 § 7, 1996. Formerly 17.04.553).

17.04.548 Marina.

“Marina” means a water-dependent facility consisting of a system of piers, buoys or floats which provides moorage and may include related services. (Ord. 1046 § 38, 2006).

17.04.549 Marine boat sales, level 1.

“Marine boat sales, level 1” means a boat sales brokerage offering services to buyers and sellers, but without on-site outdoor, dry land storage and/or display yard. (Ord. 1046 § 39, 2006).

17.04.550 Marine boat sales, level 2.

“Marine boat sales, level 2” means a boat sales brokerage offering services to buyers and sellers, with on-site outdoor display yard. (Ord. 1046 § 40, 2006).

17.04.551 Marine industrial.

“Marine industrial” means the assembly, production, or storage of finished or semi-finished materials or components into a finished or semi-finished marine product, and includes the production or sale of fishing equipment and supplies, boat construction and dry land boat storage, sales of fisheries products for human consumption, and commercial fishing operations. (Ord. 1046 § 41, 2006).

17.04.552 Marine sales and service.

“Marine sales and service” means marine- related sales of items such as boating equipment, fishing equipment, hardware and supplies, fisheries products for human consumption, bait sales and boat repair. (Ord. 1046 § 42, 2006).

17.04.554 Microcell.

“Microcell” means a wireless communication facility consisting of an antenna that is either: (i) four feet in height and with an area of not more than 580 square inches; or (ii) if a tubular antenna, no more than four inches in diameter and no more than six feet in length. (Ord. 771 § 6, 1997).

17.04.555 Ministorage.

“Ministorage” means fully enclosed commercial storage facilities, available to the general public and used solely for the storage of personal property. (Ord. 1046 § 43, 2006; Ord. 703 § 13, 1996; Ord. 573 § 2, 1990).

17.04.558 Mixed use development.

“Mixed use development” means a building or group of buildings that includes more than one type of use in the same site plan or binding site plan. Mixed use developments may include a combination of uses such as restaurant, retail (sales level 1), office (government administration office, financial institutions, professional services), commercial entertainment and/or residential. (Ord. 1154 § 1, 2009).

17.04.560 Mobile/manufactured home.

“Mobile/manufactured home” means a residential unit on one or more chassis for towing to the point of use and designed to be used as a dwelling unit on a year-round basis, and if to be installed, one which bears an insignia by a state or federal regulatory agency indicating that the mobile/manufactured home complies with all applicable construction standards of the U.S. Department of Housing and Urban Development’s definition of a manufactured home. (Ord. 573 § 2, 1990).

17.04.570 Mobile/manufactured home park.

“Mobile/manufactured home park” means a tract of land under single ownership or control upon which two or more mobile/manufactured homes occupied as dwellings may be located. (Ord. 573 § 2, 1990).

17.04.580 Mobile/manufactured home subdivision.

“Mobile/manufactured home subdivision” means two or more mobile/manufactured homes on separate lots developed under the supervision of the provisions of GHMC Title 16 and the conditional use procedures of this title and where mobile/manufactured homes are permanently installed for residential use on individually owned lots. (Ord. 573 § 2, 1990).

17.04.590 Moorage.

“Moorage” means a space occupied by a vessel or boat when secured in place by anchors or lines to shore, dock or float. (Ord. 573 § 2, 1990).

17.04.600 Motel/hotel.

Repealed by Ord. 1046. (Ord. 573 § 2, 1990).

17.04.602 Museum.

“Museum” means a building or place for the acquisition, conservation, study, assembly and public display and/or exhibition, and educational interpretation of objects having historical, cultural, scientific, or artistic value. (Ord. 1046 § 45, 2006; Ord. 871 § 3, 2001; Ord. 724 § 8, 1996).

17.04.605 Natural grade.

“Natural grade” means that local soil or rock on the property that has existed legally on such property unmoved by natural or unnatural forces for a period of not less than 60 months prior to submittal of an application for a building permit. (Ord. 573 § 2, 1990).

17.04.610 Natural resource extraction.

“Natural resource extraction” means commercial or industrial operations involving the removal of natural resources, excluding fish or wildlife. (Ord. 573 § 2, 1990).

17.04.615 Net shed, historic.

“Historic net shed” means an existing building constructed over or near the water for the purpose of storing, mending and maintaining fishing nets and other fishing gear. Said buildings were generally constructed over 50 years ago. In order to qualify for any exemption from gross floor area in this title, a historic net shed, as referenced in Exhibit “A” to the ordinance codified in this section, but not limited to Exhibit “A,” must be included and maintained on the city’s register of historical properties, pursuant to Chapter 17.97 GHMC. (Ord. 1070 § 1, 2007).

17.04.620 Nonconformity.

“Nonconformity” means any lot, structure, use of land, use of structure or characteristic of use that does not conform to the terms of this title or its future amendments, but that was lawful before the effective date of the ordinance codified in this title or its future amendments. (Ord. 573 § 2, 1990).

17.04.623 Nonprofit organization.

“Nonprofit organization” means those organizations that have a 501(c)(3) IRS determination letter and a legally constituted board of trustees or directors, and which provide a public service. (Ord. 871 § 4, 2001).

17.04.625 Nursery, agricultural.

“Agricultural nursery” means a place where plants are grown. Sales are restricted to those items grown on the premises. (Ord. 573 § 2, 1990).

17.04.630 Nursing facility, skilled.

“Skilled nursing facility” means a care facility or a distinct part of a facility licensed or approved as a skilled nursing facility or nursing home, infirmary unit of a retirement complex, or a governmental medical institution. (Ord. 1046 § 47, 2006).

17.04.633 Other adult entertainment facility.

“Other adult entertainment facility” means any commercial establishment not defined herein where adult entertainment or sexually oriented materials is regularly conducted, displayed, or available in any form, for any type of consideration; provided, however, that a public library, and a school, university, or similar educational or scientific facility shall not be considered an adult entertainment facility. In addition, a commercial establishment that offers access to telecommunications networks as a principal business purpose shall not be considered an adult entertainment facility unless the access is provided for the primary purpose of displaying or presenting visual images that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. (Ord. 743 § 11, 1996).

17.04.635 Parking, off-street.

“Off-street parking” means parking on privately owned property. (Ord. 573 § 2, 1990).

17.04.640 Parking, public.

Repealed by Ord. 937. (Ord. 573 § 2, 1990).

17.04.645 Parking lot, commercial.

“Commercial parking lot” means an off-street parking area, a majority of which is available to the public, and such parking is the primary use of the site. (Ord. 1046 § 48, 2006).

17.04.650 Parking space.

“Parking space” means an off-street space used to temporarily park a motor vehicle and having access to a public street or alley. (Ord. 573 § 2, 1990).

17.04.653 Parks.

“Parks” means land used for active and passive recreation including, but not limited to, local and regional parks, playgrounds, ballfields, water access facilities and nonmechanical boat launches. (Ord. 1046 § 49, 2006).

17.04.655 Partially developed property.

“Partially developed property” means a lot or parcel of land upon which a building/buildings is/ are located and which is of sufficient area so as to be capable of subdivision in accordance with the Gig Harbor subdivision or short subdivision ordinances (GHMC Title 16), as now or hereafter amended. (Ord. 703 § 14, 1996).

17.04.656 Performing arts center.

“Performing arts center” means a structure or group of structures which provides “live” entertainment for the general public of all ages. Included within this definition are outdoor “live” theaters and stage events. Excluded from this definition are indoor and outdoor movie theaters. (Ord. 724 § 9, 1996).

17.04.657 Personal services.

“Personal services” means an establishment engaged in providing services involving nonmedical care of a person and/or his or her personal goods or apparel. Examples of such uses include: laundromats, drycleaners, barbers, hairstyling salons, spa services, photography studios, dance schools, karate schools, and exercise facilities. (Ord. 1160 § 4, 2009; Ord. 1046 § 50, 2006).

17.04.660 Planned unit development.

“Planned unit development” means a development in a district on a parcel of land under single ownership, in a manner that makes possible greater variety and diversification in the relationships between building, open space, and uses, in order to encourage the conservation and retention of historical and natural topographic features, while meeting the purposes and objectives of the comprehensive plan. (Ord. 573 § 2, 1990).

17.04.670 Parsonage.

“Parsonage” means the permanent place of residence of the pastor of a church whose total income is derived from the church. (Ord. 573 § 2, 1990).

17.04.675 Porous paving.

“Porous paving” means paving surfaces which accommodate pedestrian, bicycle and auto traffic while allowing infiltration and storage of stormwater. Porous paving includes porous asphalt pavement; porous concrete; grid or lattice rigid plastic or paving blocks where the holes are filled with soil, sand, or gravel; and cast-in-place paver systems. (Ord. 1171 § 2, 2009).

17.04.677 Product services, level 1.

“Product services, level 1” means businesses engaged in servicing, repair or maintenance of small personal items such as shoes, small appliances, computers, watches and clocks, jewelry, and clothing, etc. (Ord. 1046 § 51, 2006).

17.04.678 Product services, level 2.

“Product services, level 2” means all product services, level 1 uses plus large appliance repair, auto repair, boat repair and garden equipment repair. (Ord. 1046 § 52, 2006).

17.04.680 Professional services.

“Professional services” means specialized services or skills provided in an office setting, such as lawyers, licensed health care providers, architects, engineers, consultants, accountants and financial advisors. (Ord. 1046 § 53, 2006; Ord. 703 § 15, 1996; Ord. 573 § 2, 1990).

17.04.685 Property line.

“Property line” means a portion of the boundary of a parcel of land dividing it from other parcels of land. (Ord. 573 § 2, 1990. Formerly 17.04.690).

17.04.690 Public/private services.

“Public/private services” means uses such as libraries, fire stations, police stations, government and school maintenance and storage facilities, and public parking lots. (Ord. 1046 § 54, 2006; Ord. 724 § 10, 1996).

17.04.691 Publishing and printing.

“Publishing and printing” means a wholesale facility which manufactures printed material and includes design, layout, printing, distribution and storage facilities on the same site as the printing facility. (Ord. 724 § 11, 1996).

17.04.692 Recreation, indoor commercial.

“Indoor commercial recreation” means any indoor active recreational use, including but not limited to tennis centers, fitness centers, bowling, skating, and swimming. (Ord. 1046 § 56, 2006).

17.04.693 Recreation, outdoor commercial.

“Outdoor commercial recreation” means any outdoor active recreational use, including but not limited to tennis, golf, outdoor fitness centers, skating and swimming. (Ord. 1046 § 58, 2006).

17.04.695 Recreational vehicle.

“Recreational vehicle” is a motor vehicle or portable vehicular structure that is capable of being towed on the highways by a motor vehicle, is designed or intended for casual or short-term human occupancy for travel, recreational or vacation uses, and is identified by a model number, serial number, or vehicle registration number. (Ord. 703 § 18, 1996).

17.04.696 Religious worship, house of.

“House of religious worship” means a structure or structures of which the principal purpose is religious worship and for which the principal building or other structure contains a sanctuary or principal place of worship. Included within this definition is the term “church”, and accessory uses in separate buildings or structures including religious educational classrooms, assembly rooms, kitchen, library room or reading room, recreation hall and one single-family dwelling unit, but excluding facilities for residence or for training of religious orders. (Ord. 724 § 12, 1996).

17.04.697 Rental hall facility.

“Rental hall facility” means a building owned by an organization which is rented or leased on a frequent basis to private groups, individuals or other organizations for special events. (Ord. 703 § 19, 1996).

17.04.698 Reprographic or reprographic services.

“Reprographic” or “reprographic services” means commercial copying, photography and printing of documents, maps, drawings, etc. (Ord. 724 § 13, 1996).

17.04.699 Research and development facility.

“Research and development facility” means an enterprise devoted to the analysis, design and development of a product, compound or group of compounds capable of being assembled into a finished or semifinished product, and excludes any manufacturing, wholesale or retail sales of a product or products. (Ord. 724 § 14, 1996).

17.04.700 Residential.

“Residential” means activity involving the human occupation of a building for living, cooking, sleeping and recreation. (Ord. 573 § 2, 1990).

17.04.702 Restaurant 1.

“Restaurant 1” means an establishment that serves food and nonalcoholic beverages and operates without a grill or deep-fat fryer. Beer and wine may be served in a Restaurant 1 establishment provided the Restaurant 1 use does not exceed 1,200 square feet in size. (Ord. 1213 § 1, 2011; Ord. 1046 § 59, 2006).

17.04.703 Restaurant 2.

“Restaurant 2” means an establishment that prepares and serves food and nonalcoholic beverages. (Ord. 1046 § 60, 2006).

17.04.704 Restaurant 3.

“Restaurant 3” means an establishment that prepares and serves food and alcoholic beverages. (Ord. 1046 § 62, 2006).

17.04.708 Sales, ancillary.

“Ancillary sales” means sales directed towards the employees or patrons of a primary permitted use with no exterior signage. (Ord. 1046 § 65, 2006).

17.04.709 Sales, level 1.

“Sales, level 1” means general sales including grocery stores, hardware stores, variety stores, nurseries, pharmacies, bakeries, flower shops, and similar general retail uses. (Ord. 1046 § 66, 2006).

17.04.710 Sales, level 2.

“Sales, level 2” means automobiles, trucks, motorcycles, recreational vehicles, boats and trailer sales. (Ord. 1046 § 68, 2006).

17.04.711 Sales, level 3.

“Sales, level 3” means heavy equipment sales and rentals, and including outdoor bulk sales of building and landscaping supplies. (Ord. 1046 § 69, 2006).

17.04.712 Sales, retail.

“Retail sales” means the point of purchase acquisition of small quantities of finished goods or products, excluding motorized vehicles, trailers, manufactured homes and boats, by the ultimate consumer. (Ord. 1046 § 63, 2006; Ord. 880 § 1, 2001; Ord. 703 § 20, 1996. Formerly 17.04.705).

17.04.713 Sales, wholesale.

“Wholesale sales” means the acquisition of finished or semi-finished goods, products or materials by a commercial entity, firm or corporation for eventual distribution to a retail market and which are not subject to the retail sales tax. (Ord. 1046 § 64, 2006; Ord. 703 § 21, 1996. Formerly 17.04.706).

17.04.715 Satellite dish antenna.

“Satellite dish antenna” means a circular or parabolically shaped device of solid or mesh construction, designed and erected for receiving telecommunication signals. A small satellite dish antenna is defined as having a diameter of one meter or less and located within any zoning district or two meters or less within commercial and employment districts. A large satellite dish antenna is defined as having a diameter of greater than one meter in diameter in any residential zone or two meters in diameter in commercial and employment districts. (Ord. 1046 § 67, 2006; Ord. 771 § 7, 1997; Ord. 573 § 2, 1990. Formerly 17.04.710).

17.04.716 School, higher educational.

“Higher educational school” means a public or private postsecondary educational facility. (Ord. 1046 § 70, 2006).

17.04.717 School, primary.

“Primary school” means a public or private Washington State approved K – 8 school, including accessory playgrounds and athletic fields. (Ord. 1229 § 1, 2011; Ord. 1046 § 71, 2006).

17.04.718 School, secondary.

“Secondary school” means a public or private Washington State approved 9 – 12 school, including athletic fields. (Ord. 1229 § 2, 2011; Ord. 1046 § 72, 2006).

17.04.719 School, vocational/trade.

“Vocational/trade school” means a public or private educational facility teaching skills that prepare students for jobs in a trade or occupation. (Ord. 1046 § 73, 2006).

17.04.720 Setback, building.

“Building setback” means the distance between the building line and the nearest boundary to the site or lot, measured at right angles to the boundary. (Ord. 573 § 2, 1990).

17.04.725 Sexually oriented materials.

“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. (Ord. 743 § 12, 1996).

17.04.730 Sign.

“Sign” means any device, flag, light, figure, picture, letter, work, message, symbol, plaque, poster or building face that is visible from outside the lot on which it is located and that is designed to inform or attract the attention of the public through visual communication, excluding murals or architectural designs that do not advertise a business, product or service. Signs are subject to all regulations specified in Chapter 17.80 GHMC. (Ord. 573 § 2, 1990).

17.04.740 Sign area.

“Sign area” means the entire area within a single, continuous perimeter enclosing the extreme limits of a sign but excluding any structural elements not forming an integral part of the display. (Ord. 573 § 2, 1990).

17.04.742 Special uses.

“Special uses” are uses permitted under Chapter 17.65 GHMC that are permitted or conditionally permitted in the underlying zone, but which are temporary and infrequent in nature, lasting seven days or less and occurring not more than twice in any calendar year by any given applicant or at any given site. Special uses include events or promotions which occur outdoors or in temporary structures, often siting in fields, plazas or parking areas. (Ord. 953 § 1, 2004).

17.04.745 Specified anatomical areas.

“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. (Ord. 743 § 13, 1996).

17.04.746 Specified sexual activities.

“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. (Ord. 743 § 14, 1996).

17.04.750 Story.

“Story” means that portion of a building between any floor and the next floor above, except that the topmost story shall be that portion of a building between the topmost floor and the ceiling or roof above it. If the finished floor level directly above a basement, cellar or unused floor space is more than six feet above the grade for more than 50 percent of the total perimeter of the building or is more than 12 feet above the grade at any one point, then such basement, cellar or unused floor space shall be considered a story. A story as used here shall not exceed 15 feet in height. (Ord. 573 § 2, 1990).

17.04.755 Wireless communication facility.

“Wireless communication facility” means any unstaffed facility for the transmission and/or reception of radio frequency (RF) signals through electromagnetic energy usually consisting of an equipment shelter or cabinet, a support tower or other structure used to achieve the necessary elevation, and the transmission and reception devices or antenna. (Ord. 771 § 8, 1997).

17.04.756 Wireless communication facility (WCF), attached.

“Attached wireless communications facility (WCF)” means an antenna array that is attached to an existing building or structure (attachment structure), which structures shall include but not be limited to utility poles, signs, water towers, with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure, transmission cables, and an equipment facility which may be located either inside or outside of the attachment structure. (Ord. 771 § 9, 1997).

17.04.757 Wireless services or wireless communication services.

“Wireless services” or “wireless communication services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. (Ord. 771 § 10, 1997).

17.04.758 Wireless communication support structure.

“Wireless communication support structure” means a structure designed and constructed specifically to support an antenna array (as defined in GHMC 17.04.055), and may include a monopole, self-supporting (lattice) tower, guy-wire support tower and other similar structures. Any device (attachment device) which is used to attach a WCF to an existing building or structure (attachment structure) shall be excluded from the definition of and regulations applicable to support structures. (Ord. 771 § 11, 1997).

17.04.760 Street.

“Street” means a public thoroughfare that is permanently opened to general use and that affords the principal means of access to abutting property. A street includes an avenue, a place, a drive, a boule-vard, a highway and any other similar public thoroughfare except an alley as defined herein. (Ord. 573 § 2, 1990).

17.04.765 Street classification.

Repealed by Ord. 703. (Ord. 573 § 2, 1990).

17.04.770 Structure.

“Structure” means a combination of materials that is constructed or erected, either on or under the ground, or that is attached to something having a permanent location on the ground, excluding residential fences, retaining walls, rockeries and similar improvements of a minor character the construction of which is not regulated by the building code of the city. (Ord. 573 § 2, 1990).

17.04.780 Studio apartment.

“Studio apartment” means an apartment with one main living space, a kitchen, a bathroom, and does not have a separate bedroom. (Ord. 783, 1998).

17.04.790 Tank farm.

“Tank farm” means a lot that has one or more tanks, the aggregate volume of which is 10,000 gallons or more, and that contain something other than water. (Ord. 573 § 2, 1990).

17.04.795 Tavern.

“Tavern” means an establishment that serves alcoholic beverages as its primary use. (Ord. 1046 § 74, 2006).

17.04.797 Tenant-specific alteration.

“Tenant-specific alteration” means an exterior improvement made to the facade of a completed building by or for a single tenant which does not substantially modify the approved architecture. (Ord. 1194 § 7, 2010).

17.04.800 Tract.

“Tract” means a parcel of land in single ownership that has not been subdivided into lots in conformance with the applicable laws of the state, county or city. (Ord. 573 § 2, 1990).

17.04.805 Tree.

A “tree” shall mean any living woody plant characterized by one main stem or trunk and many branches, and which has a minimum diameter of six inches as measured 54 inches above the ground. (Ord. 752 § 4, 1997).

17.04.830 Travel trailer.

“Travel trailer” means a motor vehicle or portable vehicular structure that is capable of being towed on the highways by a motor vehicle, is designed or intended for casual or short-term human occupancy for travel, recreational or vacation uses, and is identified by a model number, serial number, or vehicle registration number. (Ord. 573 § 2, 1990).

17.04.835 Truck garden.

“Truck garden” means a farm producing vegetables for sale. (Ord. 573 § 2, 1990).

17.04.837 Undeveloped property.

“Undeveloped property” means a lot or parcel of land upon which no building exists, and which may or may not be of sufficient area so as to be capable of subdivision. (Ord. 703 § 23, 1996).

17.04.840 Use.

“Use” means how land or a building is arranged, designed, occupied or maintained. (Ord. 573 § 2, 1990).

17.04.850 Use, principal.

“Principal use” means the primary use of land or a building as distinguished from a secondary or minor use. (Ord. 573 § 2, 1990).

17.04.860 Utilities.

“Utilities” includes public or private domestic water systems, storm and sanitary sewer systems, electric distribution systems, telephone systems, and water storage facilities, excluding wireless communication facilities. (Ord. 1046 § 76, 2006).

17.04.870 Variance.

“Variance” means a relaxation of the requirements of this title with respect to building setback, building height, the size of signs, coverage or parking (but not with respect to use) approved by the city as a Type III permit application. (Ord. 703 § 24, 1996; Ord. 573 § 2, 1990).

17.04.873 Vehicle wash.

“Vehicle wash” means an area of land and/or a structure used principally for the cleaning, washing, polishing, or waxing of motor vehicles. (Ord. 1046 § 78, 2006).

17.04.875 Warehouse/warehousing.

“Warehouse” or “warehousing” means the storage of goods, products or materials for commercial or industrial facilities within a fully enclosed structure. (Ord. 703 § 25, 1996).

17.04.877 Waterfront view corridor.

Repealed by Ord. 1238. (Ord. 995 § 2, 2005).

17.04.878 Yacht club.

Repealed by Ord. 1066. (Ord. 1046 § 79, 2006).

17.04.880 Yard.

“Yard” means a required open space that is on the same lot with the principal use and is unoccupied or unobstructed by any portion of a structure; provided however, that paved terraces, fences, walls, poles, posts, ornaments, furniture and other customary yard accessories may be permitted in any yard subject to height limitations and requirements limiting the obstruction of visibility at intersections. (Ord. 573 § 2, 1990).

17.04.890 Yard, front.

“Front yard” means a yard extending the full length of the front lot line and its depth is measured horizontally at right angles to the front lot line from midpoint of the front lot line to the midpoint of the front building line, except roof eaves, bump-out windows and decks/balconies may encroach up to a maximum of 18 inches into the yard. (Ord. 601 § 1, 1991; Ord. 573 § 2, 1990).

17.04.900 Yard, rear.

“Rear yard” means a yard extending the full length of the rear lot line and its depth is measured horizontally at right angles to the rear lot line from midpoint of the rear lot line to midpoint of the rear building line, except roof eaves, bump-out windows and decks/balconies may encroach up to a maximum of 18 inches into the yard. (Ord. 601 § 1, 1991; Ord. 573 § 2, 1990).

17.04.910 Yard, side.

“Side yard” means a yard extending from the front yard to the rear yard and its depth is measured horizontally at right angles to the side lot line from the midpoint of the side lot line to the midpoint of the side building line except roof eaves, bump-out windows and decks/balconies may extend up to 18 inches into the yard. (Ord. 601 § 1, 1991; Ord. 573 § 2, 1990).

Code reviser’s note: Ordinance 995 adds the definition of “habitable space” as GHMC 17.04.409 and the definition of “hedge” as GHMC 17.04.408. They have been editorially renumbered to preserve alphabetization.