Chapter 18.04
DEFINITIONS

Sections:

18.04.005    Generally.

18.04.010    A definitions.

18.04.020    B definitions.

18.04.030    C definitions.

18.04.040    D definitions.

18.04.050    E definitions.

18.04.060    F definitions.

18.04.070    G definitions.

18.04.080    H definitions.

18.04.090    I definitions.

18.04.100    J definitions.

18.04.110    K definitions.

18.04.120    L definitions.

18.04.130    M definitions.

18.04.140    N definitions.

18.04.150    O definitions.

18.04.160    P definitions.

18.04.170    R definitions.

18.04.180    S definitions.

18.04.190    T definitions.

18.04.200    U definitions.

18.04.210    V definitions.

18.04.220    W definitions.

18.04.230    Y definitions.

18.04.240    Z definitions.

18.04.005 Generally.

A.    Words, terms and phrases not specifically defined in this chapter shall have the meaning as defined in any standard American dictionary of the English language.

B.    Words, terms and phrases defined in this chapter may have meanings more specific than their meanings in common usage, standard dictionaries or other ordinances.

C.    Rules of Construction.

1.    Illustration. In any case of any difference of meaning or implication between the text of any provision and any illustration, the text shall control.

2.    Shall and May. “Shall” is always mandatory and not discretionary. “May” is discretionary.

3.    Tenses and Numbers. Words used in the present tense include the future and words used in the singular include the plural and the plural the singular, unless the context clearly indicates the contrary.

D.    General Terms.

1.    “Planning commission” or “commission” means the city planning commission of the city of Tumwater. The planning commission is appointed by and advisory to the city council on all land use and zoning matters. Their actions are in the form of recommendations to the city council who must ultimately make the final decisions.

2.    “Council” means the city council of the city of Tumwater. The city council is an elected body which makes all legislative decisions for the city.

E.    Meanings Generally. For the purposes of this title, certain terms, words and phrases shall, whenever used in this title, have the meanings defined in this chapter.

(Ord. O2013-013, Amended, 10/01/2013; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984.)

18.04.010 A definitions.

“Accessory building, structure, use” means the use of land or a subordinate building or a portion of a principal building, such use being secondary or incidental to a permitted use or structure, whether such permitted use is on the same lot as the proposed accessory building or use, or on a contiguous lot or lots under the same ownership; provided, that the accessory structure or use may be established in conjunction with or after the establishment of the permitted structure or use.

“Accessory dwelling unit” means a dwelling unit as defined in TMC 18.04.040 that is an accessory use or structure subordinate to a single-family dwelling.

“Accessory wireless communication antenna” is a ground mounted (freestanding) or building mounted (attached) antenna for the sole use of residents, patrons of a business, or other occupants of property for the original transmission or final reception of communications or data as an accessory to a permitted use on the property on which the antenna is located. Types of accessory wireless communication antennas include:

A.    “Category I (radio and television)” means “receive-only” radio and television antennas, or parabolic (“dish”) antennas not exceeding one meter (39.4 inches) in diameter, usually supported by a single pole, post, or mast, with an antenna height not exceeding fifteen feet above grade for freestanding antennas or ten feet above the height of the building upon which mounted for attached antennas; or

B.    “Category II (amateur radio antenna)” means “send and receive” citizen band radio antennas or similar antennas operated by a federally licensed amateur (“ham”) radio operator at a dwelling, with an antenna height not exceeding the maximum height for buildings on the property upon which the antenna is located except as provided otherwise in TMC 11.20.070(F); or

C.    “Category III (accessory mobile antenna device)” is an antenna including, but not limited to, test mobile antennas and global positioning satellite (GPS) equipment, or mobile radio or television antennas which are less than twelve inches in height or width, excluding the support structure; or

D.    “Category IV (minor telecommunications antenna)” means “send and receive” data transmission or communication antennas or parabolic (dish) antennas (other than category I and II antennas) not exceeding one meter (39.4 inches) in diameter, usually supported by a single pole, post, or mast, with an antenna height not exceeding fifteen feet above grade for freestanding antennas or the height of the building upon which mounted for attached antennas.

Provided, however, that accessory wireless communications antennas or support structures shall be subject to the provisions of TMC Chapter 11.20, Communication Antennas and Towers, generally, and specifically to the location and landscaping requirements of TMC 11.20.070.

“Administrative official” means a duly appointed officer of the city or his appointed representative charged with the administration of building and occupancy permits, and for the interpretation and enforcement of this title.

“Adult family home” means the regular family abode of a person or persons who are providing personal care, room and board, under a license issued pursuant to RCW 70.128.060, to more than one but not more than four adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for by law (RCW 70.128.010).

“Agriculture” means the use of land for agricultural purposes, including farming, dairying, pasturage agriculture, horticulture, floriculture, viticulture, beekeeping, and animal and poultry husbandry and the necessary accessory uses for selling, packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary. The term “agriculture” shall not include the operation or maintenance of a commercial stockyard or feed lot.

“Airport fueling facility” means a centralized aviation fuel storage facility where aviation fuel is transferred to aboveground storage tanks and various types of aircraft are fueled.

“Alley” means a public or private way, at the rear or side of property, permanently reserved as a secondary means of vehicular or pedestrian access to a property. Alleys are not considered streets for the purpose of calculating setbacks.

“Alterations” means any repair, reconstruction, or improvement of a structure, the cost of which does not equal or exceed fifty percent of the market value of the structure.

“Amendment” means any change, modification, deletion, or addition to the wording, text or substance of the zoning ordinance, or any modification, deletion or addition to the application of the zoning ordinance to property within the city, including any alteration in the boundaries of the zone when adopted by the city council.

“Animal clinic” or “animal hospital” means any medical facility except those designed and used for the care of human beings, maintained by or for the use of licensed veterinarians in the diagnosis, treatment, and prevention of animal diseases and ailments.

“Aquaculture” means activities relating to the fishing or harvesting of wild and planted fish stock for recreational and commercial purposes.

“Arcade” means a covered walk with shops along one side and a line of arches or columns on the other side.

“Articulation” means a design emphasis placed on a particular architectural feature through the use of one or more of the following: special details or materials; changes in building plane (recessed or extended from building surface); contrasting materials; or decorative artwork.

“Auto repair facilities” means any area of land, including the structures thereon, that is used for major auto repairs including, but not limited to, engine or transmission overhaul and replacement, collision services such as auto body and frame repair and painting, and the general servicing and replacement of parts. “Auto repair facilities” shall not include businesses which exclusively perform minor servicing such as oil changes, car washes, tire installation services, stereo installation, etc.

“Automobile service station” means any area of land, including the structures thereon, that is used for the sale of gasoline or other motor fuels, oils, lubricants, and auto accessories; and which may or may not include washing, lubricating, and other minor servicing with the exception of automobile body work.

“Automobile wrecking” means the dismantling or wrecking of used motor vehicles or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of five or more motor vehicles, which for a period exceeding thirty days have not been capable of operating under their own power, and from which parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence of an automobile wrecking yard.

“Aviation use” means any runway, taxiway, connector, apron or heliport designed for the landing and taking off of aircraft, transfer of passengers and/or cargo, surface access, and other support facilities typically associated with airports, including: hangars, control towers, communication and maintenance facilities, operations area, airport fueling facilities, fixed-based operators (FBO) and passenger and cargo terminals (including retail and eating and drinking establishments located within a terminal or FBO building).

“Awning” means a structure affixed to a building that extends over windows, sidewalks or doors.

(Ord. O2017-014, Amended, 07/18/2017; Ord. O2013-013, Amended, 10/01/2013; Ord. O2010-029, Amended, 06/07/2011; Ord. O2008-017, Added, 10/21/2008; Ord. O2004-009, Added, 12/07/2004; Ord. O2002-019, Amended, 01/07/2003; Ord. O97-019, Added, 06/17/1997; Ord. O95-037, Added, 12/05/1995; Ord. O95-035, Amended, 12/19/1995; Ord. 1289, Added, 06/04/1991; Ord. 883, Added, 05/06/1984. Formerly 18.04.010 – 18.04.042)

18.04.020 B definitions.

“Base flood elevation” means the elevation above mean sea level, expressed in feet, as published on Flood Insurance Rate Maps produced by the Federal Emergency Management Agency, which represents the crest of a flood that has a one percent chance of occurring in any given year.

“Bed and breakfast” means a lodging facility where four or fewer guest rooms are provided to travelers and guests by a resident operator for a fee by prearrangement for a period of less than two weeks. A breakfast and/or light snacks may be served to those renting rooms in the bed and breakfast. No cooking facilities are provided in the individual rooms. Not included in this definition are institutions housing persons under legal restraint or requiring medical attention or care.

Boardinghouse. See “roominghouse,” TMC 18.04.170.

“Buffer” means an area of land or a structure used or created for the purpose of insulating or separating a structure or land use from other land uses or structures, in such a manner as to reduce or mitigate any adverse impacts of one or the other.

“Buildable area” means that portion of the land that remains after the required yards have been excluded from the building site.

“Building” means any structure having a roof, but excluding all forms of vehicles, even though immobilized. (See “structure,” TMC 18.04.180.)

“Building code” means the code promulgated by the International Conference of Building Officials, as adopted by the city council of the city.

“Building coverage” means the amount or percentage of ground area covered or occupied by buildings, usually expressed in square feet or percentage of the lot.

“Building height” or “structure height” means the vertical distance from average grade level to the highest point of a building or structure excluding any chimney, antenna or other similar vertical appurtenances.

“Building line” means the outer edge of that portion of a building or structure nearest a property line.

“Building site” means a total horizontal area within the property lines, excluding external streets, public or private.

“Business” means any person, firm or corporation which operates any store or place for the sale of goods, services, wares or merchandise, at retail or at wholesale, within the corporate limits of the city. Each such store or place shall be considered a separate business, even though more than one such store or place is owned by the same person, firm or corporation.

(Ord. O2017-003, Amended, 04/18/2017; Ord. O2013-013, Amended, 10/01/2013; Ord. O2001-012, Amended, 03/19/2002; Ord. O2000-024, Amended, 02/06/2001; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984. Formerly 18.04.045 – 18.04.100)

18.04.030 C definitions.

“Camp facility” means an area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, lodges, tents, amphitheaters and areas and equipment for active and passive recreational uses, and which is primarily used for recreational purposes and retains an open air or natural character.

“Campground” or “recreational vehicle park” means any parcel of land under private or public ownership in which any sites are offered for rent or lease for the purpose of overnight camping in a recreational vehicle, tent, teepee, shelter or other accommodations for enjoying an outdoor experience. A campground designed to accommodate recreational vehicles may be considered to be a recreational vehicle park. A campground or recreational vehicle park shall not be considered to be a facility designed to accommodate mobile homes as defined in TMC 18.04.130.

“Canopy” means a permanent roof-like structure attached to and supported by a building.

“Caretaker dwelling” means a single-family dwelling unit accessory to a park, cemetery, golf course or camping facility use for occupancy by the owner/caretaker.

“Carwash” means a lot on which motor vehicles are washed and waxed, either by the patron or by others using machinery specially designed for that purpose.

“Cemetery” means land used or intended to be used for the burial of human and animal remains and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

“Child day care center” means a person or agency that provides care for thirteen or more children during part of the twenty-four-hour day.

“Child mini-day care center” means a person or agency providing care during part of the twenty-four-hour day to twelve or fewer children in a facility other than the family abode of the person or persons under whose direct care the children are placed.

“Church” means a building wherein persons regularly assemble for religious worship and which is primarily used for such purposes, and those accessory activities as are customarily associated therewith.

“Civic center complex” means a prominent land development within the city that is constructed to be a public focal point or center containing two or more public and/or governmental buildings.

“Club” means an organization of persons for some common purpose but not including groups organized primarily to render a service which is customarily carried on as a business, or which is operated for profit.

“Clustered subdivision” means a subdivision development in which building lots are smaller and placed closer together than conventional development in order to preserve the remaining undeveloped land as open space and/or recreational land. Density requirements for clustered subdivisions are described in the text for the applicable zoning district.

“Community center” means a city-owned facility that provides recreational activities and programs for senior citizens, youth, general community and similar groups. The facility may contain classroom/multipurpose areas, a gymnasium, kitchen facilities, conference room, swimming pool (indoor or outdoor), office and administration space, and outdoor facilities similar to those found in parks (sports courts/fields, picnic areas, trails, parking, etc.).

“Community development department” means the department charged with the administration of the building and occupancy permits and for the interpretation of the zoning ordinance codified in this title. The director of the community development department will also be recognized as the administrative official and city planner.

“Community garden” means land managed by a public or nonprofit organization, or a group of individuals, that is used to grow edible plants and harvest food or ornamental crops from them for donation, sale, or use by those cultivating the land and their households. The majority of the products grown and produced from the community garden must be edible. “Community garden” does not include “collective garden” under Chapter 181, Laws of 2011 (E2SSB 5073).

“Conditional uses” means certain uses which because of special requirements or unusual characteristics related to the subject property, or because of possible detrimental effects on surrounding properties, may be permitted in use districts if found under the conditional use section, and after the granting of a conditional use permit by the hearing examiner. Conditional uses require a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same zone or zones.

Convalescent Center. See “rest home,” “boardinghouse” and “group foster home,” TMC 18.04.170, 18.04.020 and 18.04.070.

Corner Lot. See “lot, corner,” TMC 18.04.120.

“Cornice” means a horizontal projection that crowns or completes a building or parking structure.

“Correctional facility” means: (A) a state or local government operated facility which provides for physical restriction of residents; (B) a facility to which persons are sentenced for a specific period of time by the court.

“Crematory” means a furnace or place of incineration of a corpse, whether human or animal.

“Cultural resources” is physical evidence or place of past human activity, site, object, landscape, structure; or a site, structure, landscape, object or natural feature of significance to a group of people traditionally associated with it.

(Ord. O2017-008, Amended, 09/05/2017; Ord. O2017-006, Amended, 07/18/2017; Ord. O2013-013, Amended, 10/01/2013; Ord. O2010-029, Added, 06/07/2011; Ord. O2002-019, Amended, 01/07/2003; Ord. O2001-020, Added, 05/07/2002; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984. Formerly 18.04.105 – 18.04.150)

18.04.040 D definitions.

“Density” means the permissible number of dwelling units that may be developed on a specific amount of land area measured in number of dwelling units per acre.

“Designated manufactured home” means a manufactured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which: (A) is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long; (B) was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal three-to-twelve pitch; and (C) has exterior siding similar in appearance to siding materials commonly used on conventional site-built single-family residences. See also “manufactured home” and “new manufactured home.”

“Detached dwelling” means a dwelling surrounded on all sides by open space.

“Development” means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations.

“Director of community development” means the department manager who is responsible for all aspects of city development services. The director of community development is responsible for all actions of the community development department, including the administration of the city’s land use and related ordinances, interpreting laws on a case-by-case basis, and preparing reports for policy making bodies.

“District” means a portion of the incorporated area of the city within which certain regulations and requirements or various combinations thereof apply under the provisions of this title.

“Duplex” means a building designed exclusively for occupancy by two families independent of each other having two separate kitchen facilities where both dwelling units are located on the same lot and are completely separated from each other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for common stairwell or garage exterior to both dwelling units.

“Dwelling” or “dwelling unit” means a building or a portion thereof designed for occupancy by one family for residential purposes and having kitchen facilities.

“Dwelling, multifamily” means a building, designed and used for occupancy by three or more families all living independent of each other and having separate kitchen facilities for each family where all dwelling units are located on the same lot.

(Ord. O2013-013, Amended, 10/01/2013; Ord. O2011-002, Amended, 03/01/2011; Ord. O2010-017, Amended, 12/21/2010; Ord. O2005-011, Added, 07/05/2005; Ord. O2000-004, Amended, 07/18/2000; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984. Formerly 18.04.155 – 18.04.190)

18.04.050 E definitions.

“Easement” means a recorded right of interest in the land of another which entitles the holder thereof to some use, privilege or benefit out of or over such land.

“Electric vehicle infrastructure” means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.

“Emergency communication towers and antennas” means any structure not entirely within an enclosed building or vehicle, including antennas, guy wires, microwave dishes or horns, structures or towers to support receiving and/or transmitting devices, accessory buildings, i.e., equipment storage buildings, energy power generating housing, and the land on which they are situated, that is used for the transmission or reception of electromagnetic waves for emergency communication purposes including but not limited to the Capitol Communications system (CAPCOM) or other public emergency communication systems.

“Energy systems” means those systems which serve to produce energy from nondepletable energy sources.

A.    These sources of energy (excluding minerals) are derived from:

1.    Incoming solar radiation, including, but not limited to, natural daylighting and photosynthetic processes;

2.    Energy sources resulting from wind, waves and tides, lake or pond thermal differences; and

3.    Energy derived from the internal heat of the earth, including nocturnal thermal exchanges.

B.    Neither natural gas, oil, coal, liquefied petroleum gas, nor any utility-supplied electricity shall be considered a nondepletable energy source. (See “solar energy system,” TMC 18.04.180.)

“Entertainment facility” means any establishment that is operated, maintained, or devoted to amusement of the general public, whether privately or publicly owned, where entertainment is offered by the facility. Entertainment facilities shall include, but not be limited to, the following: bowling alleys, theaters, dance halls or clubs, video arcades, skating rinks, batting cages, and miniature golf courses. Entertainment facilities shall not include sexually oriented businesses, taverns, pubs, golf courses, or parks.

“Equipment rental and sales facility” means any business establishment whose primary focus is the rental, leasing, and/or selling of tools and equipment.

“Essential public facilities” are those public facilities that are typically difficult to site, such as airports, state education facilities, state or regional transportation facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities and group homes.

(Ord. O2013-013, Amended, 10/01/2013; Ord. O2010-015, Added, 09/07/2010; Ord. O2003-001, Amended, 02/18/2003; Ord. O2000-004, Added, 07/18/2000; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984. Formerly 18.04.195 – 18.04.203)

18.04.060 F definitions.

“Facade” means any exterior wall of a building or parking structure.

“Family” means an individual or two or more persons, related by blood, marriage or adoption, or two or more persons with functional disabilities as defined in TMC Chapter 18.53, or a group of not more than five unrelated persons, living together to share a single household unit.

“Family child care home” means a facility in the family residence of the licensee providing regularly scheduled care for twelve or fewer children, within a birth-through-eleven-years-of-age range exclusively, for periods less than twenty-four hours.

“Farmers market” means a group of individual vendors primarily selling locally grown produce and products. This use typically is seasonal, may be temporary, and set up on closed streets or on portions of sites used for other primary uses.

“Fence” means a wall or barrier for the purpose of enclosing space or separating parcels of land. “Fence” includes hedges and/or similar plantings.

“Fenestration” means the arrangement and design of windows and doors in a building or parking structure.

Flood. As related to a stream, “flood” means a temporary rise in a stream’s flow, accompanied by a rise in water level that results in water overtopping its banks and inundating areas adjacent to the channel.

“Floodplain” means the area (usually lowlands) adjoining the channel of a river, stream or watercourse, or ocean, lake, or other body of standing water, which has been or may be covered by floodwater.

“Floodplain, five-hundred-year” or “five-hundred-year floodplain” means the areas which are subject to a 0.2 percent or greater chance of flooding in any year. These areas are identified as the “B” and “X” zones on the Flood Insurance Rate Maps from the Federal Emergency Management Agency. The “five-hundred-year floodplain” is usually lowlands adjoining the channel of a river, stream or watercourse, or ocean, lake, or other body of standing water.

“Floodplain, one-hundred-year” or “one-hundred-year floodplain” means the areas outside of the floodway which are subject to a one percent or greater chance of flooding in any given year. These areas are identified as the A, AE, AH, AO, A1-30, or A99 Zones on the Flood Insurance Rate Maps produced by the Federal Emergency Management Agency. The “one-hundred-year floodplain” is usually located within the lowlands adjoining the channel of a river, stream or watercourse, or ocean, lake, or other body of standing water.

“Floodproofing” means a combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures and contents.

“Floodway” means the channel of a stream and adjacent land areas which are required to carry the discharge of a flood event that has a one percent chance of being equaled or exceeded in any given year. The “floodway” is designated on Flood Boundary and Floodway Maps from the Federal Emergency Management Agency. The “floodway” is usually characterized by water moving with a definite velocity and current during a flood event and a difference in soil conditions or vegetative ground cover when compared to other portions of the floodplain.

“Floor area ratio (FAR)” is determined by dividing the gross floor area of all buildings on a lot by the area of that lot. For example, a floor area ratio of two to one means two square feet of floor area for every one square foot of site area.

“Freestanding sign” means any sign which is supported by one or more uprights, poles or braces in or upon the ground and not an integral part of, or attached to, a building.

(Ord. O2013-013, Amended, 10/01/2013; Ord. O2010-029, Added, 06/07/2011; Ord. O2003-001, Amended, 02/18/2003; Ord. O2002-019, Added, 01/07/2003; Ord. O2000-024, Amended, 02/06/2001; Ord. O95-035, Amended, 12/19/1995; Ord. 1289, Amended, 06/04/1991; Ord. 1288, Added, 06/04/1991; Ord. 883, Added, 05/06/1984. Formerly 18.04.204 – 18.04.240)

18.04.070 G definitions.

“Gable” means the portion, above eave level, of an end wall of a building with a pitched or gambrel roof. In the case of a pitched roof, this takes the form of a triangle.

“Garage or carport, private” means an accessory structure for parking or storage of no more than the number of vehicles required in connection with the permitted use of the principal building. In residential areas, the storage of no more than one commercial vehicle is permitted.

“Garage, public” means any garage, other than a private garage, available to the public, operated for gain and used for storage, repair, rental, washing, sales, or general servicing of automobiles or other motor vehicles.

“General aviation” means that portion of civil aviation which encompasses all facets of aviation except certified air carriers and military aircraft.

“Generator – hazardous waste” means any person, by site, whose act or process produces dangerous waste or whose act first causes a dangerous waste to become subject to regulation under the Dangerous Waste Regulations, WAC 173-303-040, or as amended after the effective date of the ordinance from which this section derives.

“Grade” means a ground elevation established for the purpose of regulating the height of the structure. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building.

“Group foster home” means a facility which provides board, domiciliary care and social services to a group of five or more dependent children.

(Ord. O2013-013, Amended, 10/01/2013; Ord. O2002-019, Added, 01/07/2003; Ord. O95-035, Amended, 12/19/1995; Ord. 1289, Amended, 06/04/1991; Ord. 1166, Added, 09/20/1988; Ord. 883, Added, 05/06/1984. Formerly 18.04.242 – 18.04.260)

18.04.080 H definitions.

“Habitable floor” means any floor usable for living purposes, which include working, sleeping, eating, cooking, recreation, or a combination thereof. A floor used only for storage purposes is not a habitable floor.

“Hazardous waste” means and includes all dangerous and extremely hazardous waste as defined by RCW 70.105.010.

“Home occupation” means an occupation carried on entirely within a residence by the occupants thereof, which activity is clearly incidental to the use of the residence as a dwelling and does not change the residential character thereof, is conducted in such a manner as to not give any outward appearance or manifest any characteristic of a business, and does not infringe upon the right of neighboring residents to enjoy a peaceful occupancy of their homes, for which purpose the zone district was created and primarily intended.

“Homeless encampment” means an outdoor area used for emergency shelter to homeless persons, hosted by a church or other organization.

“Host agency” means the owner of the site property, being a church or other faith based organization, that joins a sponsoring agency in an application for a city temporary use permit for providing basic services and support to temporary emergency homeless encampment residents, such as hot meals and coordination of other needed donations and services.

“Hotel” or “motel” means a building, or group of buildings, containing, designed or used for transient rental of five or more guestrooms, which may or may not contain cooking facilities. A central kitchen and dining room and accessory shops and services catering to the general public can be provided. Motels are designed to accommodate the automobile tourist or transient, and parking spaces or garages are conveniently located near each guestroom. Not included in this definition are institutions housing persons under legal restraint or requiring medical attention or care.

“Household pet” means animals or fowl customarily permitted in the house and kept for company or pleasure, including dogs, cats, canaries and similar pets.

(Ord. O2013-013, Amended, 10/01/2013; Ord. O2007-017, Added, 12/18/2007; Ord. O95-035, Amended, 12/19/1995; Ord. 1166, Added, 09/20/1988; Ord. 883, Added, 05/06/1984. Formerly 18.04.265 – 18.04.280)

18.04.090 I definitions.

“Imaginary surfaces” means the imaginary airspace designated by the Federal Aviation Administration and as defined in 14 C.F.R. Part 77 for the protection of the imaginary surfaces for the airport.

“Impervious surface” means a nonvegetated surface area that either prevents or impedes the entry of water into the soil mantle as under natural conditions prior to development. In addition, nonvegetated 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 stormwater areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces, which similarly impede the natural infiltration of stormwater.

“Inadvertent discovery” is unanticipated discovery of protected cultural material during ground-disturbing or other activities related to development.

“Inpatient facilities” means medical facilities offering assistance to persons suffering from substance abuse problems including but not limited to: intensive inpatient facilities; long-term residential drug treatment facilities; recovery house facilities and substance abuse facilities.

Interior Lot. See “lot, interior,” TMC 18.04.120.

“Ionizing radiation” means gamma rays and x-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other atomic or subatomic particles; but not sound or radio waves, or visible, infrared, or ultraviolet light.

(Ord. O2017-008, Amended, 09/05/2017; Ord. O2016-037, Amended, 01/03/2017; Ord. O2013-013, Amended, 10/01/2013; Ord. O2004-009, Amended, 12/07/2004; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984. Formerly 18.04.282 – 18.04.286)

18.04.100 J definitions.

“Jail” means a public facility for the incarceration of people under warrant, awaiting trial on felony or misdemeanor charges, convicted but not yet sentenced, or serving a sentence of three hundred sixty-four days or less. This definition does not include facilities for programs providing alternatives to imprisonment such as prerelease, work release, or probation.

“Junkyard” means an open area where used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to: scrap iron and other metals; paper; rags; rubber tires; and bottles. “Junkyard” includes automobile wrecking yards and any area of more than two hundred square feet for storage or keeping of abandoned junk, but does not include uses established entirely within enclosed buildings. (See “automobile wrecking,” TMC 18.04.010.)

“Juvenile detention facility” means a public facility or institution exclusively for the incarceration of people under twenty-one years of age awaiting trial or sentencing or serving a court imposed sentence.

(Ord. O2013-013, Amended, 10/01/2013; Ord. O2011-007, Amended, 07/19/2011; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984. Formerly 18.04.287 – 18.04.293)

18.04.110 K definitions.

“Kennel” means any place where more than three dogs and/or cats or other canines and/or felines beyond the age of four months are kept. This definition includes pet daycare facilities. (See “animal clinic” or “animal hospital,” TMC 18.04.010.)

“Kitchen” means any room or rooms or portion of a room or rooms used, intended or designed to be used for cooking or the preparation of food. A kitchen design would include plumbing and electrical hookup for normal kitchen appliances.

(Ord. O2017-006, Amended, 07/18/2017; Ord. O2013-013, Amended, 10/01/2013; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984. Formerly 18.04.295 – 18.04.300)

18.04.120 L definitions.

“Loading space” means an off-street space on the same lot with a building or group of buildings for temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

“Lot” means a parcel of land occupied or intended to be occupied by a main building or group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such open spaces as are required under the provisions of this title.

“Lot area” means the total land space or area contained within the boundary lines of any lot, tract, or parcel of land, and may be expressed in square feet or acres.

“Lot, corner” means a lot that has frontage on or abuts two or more intersecting streets. (See TMC 18.04.230.)

“Lot coverage” means the amount or percentage of ground area covered or occupied by impervious surface(s) usually expressed in square feet or percentage of land on the lot.

“Lot depth” means the horizontal distance between the front lot line and the rear lot line measured within the lot boundaries.

“Lot, interior” means a lot that has frontage on one street only. (See TMC 18.04.230.)

“Lot of record” means a lot as shown on an officially recorded plat or subdivision, or a parcel of land officially recorded as a unit of property, and is described in metes and bounds.

“Lot, panhandle” means an interior lot having at least ten feet of frontage on one street only. (See TMC 18.04.230.)

“Lot, through” means a lot that fronts on two parallel or nearly parallel streets, other than a corner lot. (See TMC 18.04.230.)

“Lot width” means the width of the lot measured at the front property line.

“Low impact development” means a stormwater and land use management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design.

“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, useable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of all applicable nonelevation design requirements.

(Ord. O2017-003, Amended, 04/18/2017; Ord. O2016-037, Amended, 01/03/2017; Ord. O2013-013, Amended, 10/01/2013; Ord. O2005-011, Amended, 07/05/2005; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984. Formerly 18.04.305 – 18.04.355)

18.04.130 M definitions.

“Manufactured home” means a single-family dwelling built according to the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, which is a national, preemptive building code. A manufactured home does not meet the criteria to be classified as a “designated manufactured home.” See also “designated manufactured home” and “new manufactured home,” TMC 18.04.040 and 18.04.140.

“Manufactured home park” means any real property lot which is rented or held out for rent to others for the placement of three or more manufactured homes, designated manufactured homes, or new manufactured homes for the primary purpose of production of income, except where such real property lot is rented or held out for rent for seasonal recreational purposes only and is not intended for year-round occupancy.

“Marijuana processor” means a person licensed by the State Liquor Control Board to process marijuana into useable marijuana and marijuana-infused products, package and label useable marijuana and marijuana-infused products for sale in retail outlets, and sell useable marijuana and marijuana-infused products at wholesale to marijuana retailers.

“Marijuana producer” means a person licensed by the State Liquor Control Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.

“Marijuana retailer” means a person licensed by the State Liquor Control Board to sell useable marijuana and marijuana-infused products in a retail outlet.

“Marquee” means a roof-like structure made of solid materials, projecting over an entrance to a building and connected to the wall with no columnar support. The front of the marquee is often hung from chains or rods extending out from the face of the building.

“Massing” means the physical bulk or volume of a building or parking structure. In architectural terms, a single mass building is a single geometric form such as rectangular or square, and may include a simple roof form with no variation in the roofline. Massing refers to variation in the mass and may involve multiple masses joined together.

“Mean sea level” means the average height of the sea for all stages of the tide.

“Medical clinic” means a place where medical or dental care is provided to persons on an outpatient basis by professionals in the health care field.

“Mental health facilities” means medical facilities offering assistance to persons afflicted with mental disease including but not limited to congregate care facilities; adult residential treatment facilities; evaluation and treatment centers.

“Mineral extraction” means the removal of minerals, including, but not limited to, sand, gravel, shale, rock, coal, soil, peat or clay, from an excavation in the earth. This shall not include the following:

A.    Excavation and grading at building construction sites where such construction is authorized by a valid building permit; or

B.    Excavation and grading in public rights-of-way for the purpose of on-site road construction, or in private rights-of-way for the same purpose if authorized by the public works department.

“Ministorage facilities” means a storage facility providing garages, rooms, closets and lockers for rent on an individual basis, usually by month.

“Mixed use development” means the development of a parcel or structure with one or more different land uses, such as a combination of residential, office, manufacturing, retail, public, or entertainment in a single or physically integrated group of structures.

“Mixed use” is characterized by:

A.    Complementary land uses – land uses that are at least compatible and, preferably, work together for mutual benefit (e.g., personal commercial services that serve adjacent residences).

B.    Convenient pedestrian connections.

“Mixed use structure” means a building that includes an appropriate combination of multiple uses located inside a single structure. A mixed use structure is characterized as a structure where a variety of different living activities (live, work, shop and play) are in close proximity (walking distance) to residents. A mixed use structure can be vertical in nature, meaning a single structure with retail, service or commercial and office uses on the ground floor, and residential, senior housing facilities and office uses on the floors above. A mixed use structure can also be horizontal in nature, meaning a single structure that provides retail, service, commercial or office uses in the portion of the building fronting the street with attached residential, senior housing facilities or office uses behind.

“Mobile home” means a factory-built dwelling built prior to June 15, 1976, to standards other than the United States Department of Housing and Urban Development (HUD) code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since introduction of the HUD Manufactured Home Construction and Safety Standards Act.

“Mobile home park” means any real property lot which is rented or held out for rent to others for the placement of three or more mobile homes for the primary purpose of production of income, except where such real property lot is rented or held out for rent for seasonal recreational purposes only and is not intended for year-round occupancy.

“Modular unit” means a factory-fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational or industrial purposes. A modular unit shall be built to comply with the building code as adopted in TMC Title 15.

Motel. See “hotel” or “motel,” TMC 18.04.080.

“Motor vehicle sales facility” means any area of land, including the structures thereon, that is used for the display, sale, rental, or leasing of operable motorized vehicles, including but not limited to automobiles, RVs and boats, and related nonmotorized vehicles such as trailers, and which may or may not include on-site service and repair facilities. This definition does not include motorsport vehicles, which are defined separately in this section.

“Motorsports facility” means any area of land, including the structures thereon, that contains a raceway, racetrack, or course for motorized vehicles.

“Motorsports sales facility” means any area of land, including the structures thereon, that is used for the display, sale, rental, or leasing of motorsport vehicles; and which may or may not include on-site service and repair facilities. Motorsport vehicles include, but are not limited to: all-terrain vehicles (ATVs), motorcycles (both street legal and off-road), three-wheelers, four-wheelers, jet skis and other similar personal watercraft, and snowmobiles.

Multifamily Dwelling. See “dwelling, multifamily,” TMC 18.04.040.

(Ord. O2013-013, Amended, 10/01/2013; Ord. O2012-003, Added, 07/17/2012; Ord. O2010-017, Amended, 12/21/2010; Ord. O2008-017, Added, 10/21/2008; Ord. O2008-016, Added, 09/16/2008; Ord. O2005-011, Amended, 07/05/2005; Ord. O2003-001, Added, 02/18/2003; Ord. O2002-019, Added, 01/07/2003; Ord. O95-035, Amended, 12/19/1995; Ord. 1157, Amended, 06/21/1988; Ord. 883, Added, 05/06/1984. Formerly 18.04.356 – 18.04.390)

18.04.140 N definitions.

“Neighborhood community center” means a facility which shall provide services of a social and cultural nature to the neighborhood in which it is located. It shall be owned and operated by a public agency or by an association which is organized and operated on a nonprofit basis. Although food, meals and beverages may be served on such premises, provided adequate facilities are available, this definition shall not include dormitories.

“Neighborhood-oriented commercial center” means no more than three commercial land uses located on one lot or contiguous lots within a predominantly residential area. A neighborhood-oriented commercial center consists only of retail and/or service uses oriented to serve residents of the immediate neighborhood and is designed and operated to minimize impact on surrounding residences.

“New construction” means structures for which the start of construction commenced on or after the effective date of the ordinance codified in this title, as amended.

“New manufactured home” means any manufactured home required to be titled under RCW Title 46, which has not been previously titled to a retail purchaser, and is not a used mobile home as defined in RCW 82.45.032(2). See also “designated manufactured home” and “manufactured home,” TMC 18.04.040 and 18.04.130.

“Nonconforming building” or “nonconforming use” means a building or use, lawfully existing on the effective date of the ordinance codified in this title, which does not conform with the regulations of the zoning district in which is it located.

“Nonionizing electromagnetic radiation (NIER)” means electromagnetic radiation unable to cause ionization, emitted at frequencies between one-hundredth MHz and one hundred thousand MHz.

“Nurseries or greenhouses” means land or greenhouses used to raise flowers, shrubs, trees and plants for retail or wholesale.

“Nursery school” means an institution primarily engaged in educational work with preschool children and in which no child is enrolled on a regular basis for more than eight hours per day.

Nursing Home. See “boardinghouse,” “group foster home,” and “rest home,” TMC 18.04.020, 18.04.070 and 18.04.170.

(Ord. O2013-013, Amended, 10/01/2013; Ord. O2005-011, Added, 07/05/2005; Ord. O95-035, Amended, 12/19/1995; Ord. 1144, Amended, 01/05/1988; Ord. 883, Added, 05/06/1984. Formerly 18.04.395 – 18.04.410)

18.04.150 O definitions.

“Obstruction” (stream) means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge conduit, culvert, building wire, fence, rock, gravel, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

“Off-site hazardous waste treatment and storage facility” means a facility that treats and/or stores hazardous waste from generators on properties other than the property on which the off-site facility is located.

“On-site hazardous waste treatment and storage facility” means a facility that treats and/or stores hazardous waste from generators on the same, geographically contiguous or bordering property as the waste is generated.

“Open space” means unoccupied land that is open to the sky and which may or may not contain vegetation and landscaping structures. A cemetery shall not mean open space under this definition.

“Overlay zone” means a secondary set of zoning regulations which is applied to a zoning district and shown on the zoning map, and subsequently imposed in addition to regulations of the underlying district. Developments within an overlay zone must conform to the requirements of both zones.

(Ord. O2013-013, Amended, 10/01/2013; Ord. O95-035, Amended, 12/19/1995; Ord. 1166, Added, 09/20/1988; Ord. 883, Added, 05/06/1984. Formerly 18.04.415 – 18.04.425)

18.04.160 P definitions.

Panhandle Lot. See “lot, panhandle,” TMC 18.04.120.

“Parapet” means a low protective wall along the edge of a roof or balcony.

“Parcel” means a tract or plot of land of any size which may or may not be subdivided or improved.

“Park and ride facility” means a parking structure or surface parking lot intended primarily for use by persons riding transit or carpooling and that is owned or operated by either Intercity Transit or another entity with the concurrence of Intercity Transit.

“Parking lot” means an open area, other than a street or alley, whether privately or publicly owned, which is used for the parking of more than four automobiles and is available to the public.

“Parking space” means an area which is improved, maintained, and used for the sole purpose of temporary accommodation of a motor vehicle, and having access to a public street or alley. (See Figure 18.50.060(A) for parking space design standards.)

“Parking structure” means a structure of two or more stories, whether privately or publicly owned, which is used for the parking of more than four automobiles.

“Pedestrian plaza or courtyard” means an area between a building or parking structure and a public right-of-way which promotes visual and pedestrian access onto the site and which provides pedestrian-oriented amenities and landscaping to enhance the public’s use of the space.

“Pergola” means an open structure usually consisting of parallel colonnades supporting a roof of beams and crossing rafters or trellis work (similar to an arbor).

“Permitted use” means any authorized use allowed alone or in conjunction with other uses in a specified zoning district and subject to the limitations of the regulations of such use district.

“Personal service” means a business which is neither the practice of a profession, nor dealing primarily with the sale of products as stock-in-trade on the premises. Such businesses include, but are not limited to, barber and beauty shops, tailoring, shoe repairing, photographic studios, tanning parlors, and pet grooming and obedience training.

“Planned unit development” means any development, whether residential, commercial or industrial, which is approved and developed in accordance with the terms of this title.

“Precision instrument runway” means a runway that is designed to provide an approach path for exact alignment and descent of an aircraft on final approach using vertical and horizontal navigational aid equipment.

“Preschool/child care facility” means an activity which would regularly provide care, whether for compensation or not, to a group of four or more but less than twelve children, twelve years of age or under, who are not related to the occupant of the facility.

“Prisons and prerelease facilities” means a public facility for the incarceration of people convicted of felony crimes serving a court imposed sentence. This includes minimum security facilities which house inmates with less than three years remaining to serve who meet stringent public safety placement criteria established by the Department of Corrections, medium security facilities which have strict security standards including a fenced and patrolled perimeter, and high security facilities which offer the greatest level of security to minimize the potential for escape.

“Private clubs and lodges” means a building in which members of a community or association may gather for social, educational, or cultural activities.

“Private post-secondary education facility” means a privately owned facility that provides a curriculum of post-secondary academic instruction including technical schools, junior colleges, colleges and universities.

“Profession” means an occupation which is distinguishable from other occupations by virtue of characteristics traditionally associated with its practice and/or with the conduct of the practitioner. A profession is the body of such qualified persons of one specific occupation or field. It conducts business on a client/appointment rather than customer/sales basis. A professional client relationship would stress the professional in an advisory and counseling rather than purely transacting role.

“Professional office” means an office used or suitable for use by a profession or professional having great skill in that particular profession and who receives compensation for the performance of that profession.

“Professional service” means a business which is operated by a profession or professional who receives compensation for the performance of that profession on an appointment/client basis rather than customer/sales basis. A professional client relationship would stress the professional in an advisory and counseling rather than purely transacting role. Such businesses include, but are not limited to, law firms, architecture and/or engineering firms, real estate agencies, mortgage brokerages, accounting firms, and insurance agencies.

“Public utility” means any person, firm or corporation, municipal department, board or commission, duly authorized to furnish to the public, under federal, state or municipal authority, services such as gas, steam, electricity, sewage disposal, water supply, communication or telegraph facilities.

(Ord. O2017-006, Amended, 07/18/2017; Ord. O2013-013, Amended, 10/01/2013; Ord. O2004-009, Amended, 12/07/2004; Ord. O2002-019, Amended, 01/07/2003; Ord. O2001-012, Amended, 03/19/2002; Ord. O98-009, Amended, 10/20/1998; Ord. O95-035, Amended, 12/19/1995; Ord. 1399, Added, 11/16/1993; Ord. 883, Added, 05/06/1984. Formerly 18.04.430 – 18.04.490)

18.04.170 R definitions.

“Radiation machine” means any device capable of producing ionizing radiation except those which produce radiation only from radioactive material.

“Radioactive material” means any material (solid, liquid or gas) which emits radiation spontaneously.

“Recreation, active” means leisure activities, usually performed with others, often requiring equipment and taking place at prescribed places, sites or fields. The term “active recreation” includes, but is not limited to, swimming, tennis and other court games, baseball and other field sports, golf and playground activities.

“Recreation facilities” means public or private facilities for use by the general public such as boat or yacht clubs, docks, swimming pools, athletic clubs, golf and country clubs. Recreation facilities shall not include intensive recreation uses such as race tracks or amusement parks.

“Recreation, passive” means low-intensity recreational uses or activities including, but not limited to, viewpoints, unpaved trails, limited picnic facilities, hiking, nature study, photography and fishing.

“Recycling collection center” means a collection point for small recyclable items and materials, such as cans, bottles, newspapers, secondhand goods and used motor oil. Activities of a recycling collection center are limited to sorting, compacting and transferring.

“Residential care facility” means a facility, licensed by the state, that cares for at least five but not more than fifteen people with functional disabilities, that has not been licensed as an adult family home pursuant to RCW 70.128.060.

“Rest home,” “convalescent home,” “nursing home,” etc., mean a home operated similarly to a boarding home but not restricted to any number of guests or guestrooms, and the operator of which is licensed by the state to give special care or supervision to his or her charges; and in which nursing, dietary, and other personal services are furnished to convalescents, invalids and aged persons. (See TMC 18.04.020 and 18.04.070.)

“Retail sales” means the selling of goods or merchandise and related services to the general public for personal or household consumption. Services shall be secondary to the sale of goods and merchandise at the establishment. The retail sales establishment is usually a place of business and is engaged in activity to attract the general public to buy goods.

“Rezone” means a change in zoning classification of an area from one use district to another.

“Riding academy” means any establishment where horses are kept for riding, driving, or stabling for compensation, or as an accessory use in the operation of a club, association, ranch, or similar establishment.

“Risk potential activity” or “risk potential facility,” in accordance with RCW 71.09.020, means an activity or facility that provides a higher incidence of risk to the public from persons conditionally released from the special commitment center. Risk potential activities and facilities include: public and private schools, school bus stops, licensed day care and licensed preschool facilities, public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, churches, synagogues, temples, mosques, public libraries, and others identified by the Department of Social and Health Services following the hearings on a potential site required in RCW 71.09.315. For purposes of this chapter, “school bus stops” does not include bus stops established primarily for public transit.

“Roof” means a structural covering over any portion of a building or structure including projections beyond the walls or supports of the building or structure.

“Roominghouse” means a dwelling unit having only one kitchen and used for the lodging (with or without meals) for compensation of persons other than the related family members or operator of such dwelling unit. A roominghouse may allow for an unlimited stay, unlike a bed and breakfast which is limited to two weeks.

(Ord. O2013-013, Amended, 10/01/2013; Ord. O2003-001, Amended, 02/18/2003; Ord. O2002-013, Added, 08/20/2002; Ord. O2001-012, Amended, 03/19/2002; Ord. O95-035, Amended, 12/19/1995; Ord. 1307, Amended, 11/05/1991; Ord. 1289, Added, 06/04/1991; Ord. 883, Added, 05/06/1984. Formerly 18.04.491 – 18.04.520)

18.04.180 S definitions.

“School” means an institution of learning, whether public or private, which offers instruction in those courses of study required by the Washington Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, or university.

“Screening” means a continuous fence or wall supplemented with landscaping, or an evergreen hedge, or combination thereof, that effectively provides a sight-obscuring and sound-absorbing buffer.

“Secure community transition facility” means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative pursuant to Chapter 71.09 RCW. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under Chapter 71.09 RCW and operated by the Secretary of Social and Health Services or the Secretary’s designee or under contract with the Secretary.

“Senior housing facility” means an independent or assisted living facility. An independent living facility consists of dwellings designed for and occupied by persons fifty-five years of age or older in accordance with 42 U.S.C. 3607. These facilities may have a communal dining area, recreation facilities (library, lounge, game room), laundry facilities and open space. No nursing staff or assisted living staff is provided in an independent living facility. An assisted living facility is an establishment which provides living quarters and a variety of limited personal care and supportive health care to persons fifty-five years of age or older in accordance with 42 U.S.C. 3607 who are unable to live independently, but who do not need the skilled nursing care of a rest home. These facilities may consist of individual dwelling units of a barrier-free design, with separate bathroom facilities and a full kitchen. The facility may provide a minimal amount of supportive health care monitoring, such as assistance with medication, but is limited to health care services that do not require state or federal licensing. These facilities may have a communal dining area, recreation facilities (library, lounge, game room), laundry facilities and open space.

Service Station. See “automobile service station,” TMC 18.04.010.

“Setback” means the minimum required distance between the property line and building line subject to the limitations provided in TMC 18.42.040.

“Sewage treatment facilities” means sanitary sewer treatment services provided by a municipality or a special purpose district not including individual or community wastewater treatment systems.

“Sexually oriented businesses” means adult arcades, adult bookstores, adult novelty stores, adult video stores, adult cabarets, adult motion picture theaters, adult theaters, sexual encounter establishments, semi-nude model studios, escort agencies and adult motels. “Sexually oriented businesses” includes those businesses defined as follows:

A.    “Adult 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 reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

B.    “Adult bookstore, adult novelty store, or adult video store” means a commercial establishment which has as a significant or substantial portion of its stock-in-trade or a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale or rental for any form of consideration of any one or more of the following:

1.    Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

2.    An establishment may have other principal business purposes that do not involve the offering for sale or rental of materials depicting or describing specified sexual activities or specified anatomical areas, and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities.

3.    Video stores that sell and/or rent only video tapes or other photographic reproductions and associated equipment shall come within this definition as specified by Ordinance No. O94-020 if twenty 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 are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

C.    “Adult cabaret” means a nightclub, bar, restaurant, or similar commercial establishment, whether or not alcoholic beverages are served, which features: (1) persons who appear nude or semi-nude; (2) live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or (3) 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.

D.    “Adult motel” means a hotel, motel or similar commercial establishment which:

1.    Offers 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; or

2.    Offers a sleeping room for rent for a period of time that is less than twenty-four hours; or

3.    Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than twenty-four hours.

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

F.    “Adult 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.

G.    “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.

H.    “Nude or semi-nude model studio” means any place where a person, who appears nude or semi-nude or displays specified anatomical areas, is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons; provided, however, such uses if exempt under Ordinance No. O94-020 shall also be exempt from the provisions of the ordinance codified in this section.

(Note: Ordinance No. O94-020 which regulates the operation of sexually oriented businesses provides exemptions for the following activities:

1.    Persons appearing in a state of nudity or semi-nudity in a modeling class operated by:

a.    A proprietary school, licensed by the state of Washington; a college, junior college, or university supported entirely or partly by taxation.

b.    A private college or university approved by a national accrediting association, which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation.)

I.    “Sexual encounter establishment” means a business or commercial establishment that, as one of its primary business purposes, offers for any form of consideration a place where two or more persons may congregate, associate, or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas or activities when one or more persons is semi-nude. The definition of a sexually oriented business shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

“Shopping center” means a group of retail and service establishments clustered on a contiguous site, designed and built as a unit or organized as a unified and coordinated shopping area.

“Shoreline” means a line determined by the ordinary high-water mark, as defined in the Shoreline Management Act of 1971 as follows:

Ordinary high-water mark on all lakes, streams, and tidal water is that mark that will be found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation, as that condition exists on the effective date of this chapter or as it may naturally change thereafter; provided, that in any area where the ordinary high-water mark cannot be found, the ordinary high-water mark adjoining saltwater shall be the line of mean higher high tide and the ordinary high-water mark adjoining freshwater shall be the line of mean high water.

(Or, as shown by markings of water surface contaminants on rocks, bulkheads, pilings, or other relatively permanent structure or natural feature.)

“Sign” means any visual communication device, structure or fixture that is intended to aid an establishment in identification and to advertise and/or promote a business, service, activity or interest. “Sign” shall not be considered to be a building or structural design, but shall be restricted solely to graphics, symbols or written copy that is meant to be used in the way set forth in this title.

“Single-family conversion” means a self-contained, independent dwelling unit, incorporated within an existing structure that was originally designed for a single-family dwelling unit or accessory structure and will not substantially alter the exterior appearance.

Solar Energy System.

A.    “Solar energy system” means any device or combination of devices or elements which rely upon direct sunlight as an energy source, including, but not limited to, any substance or device which collects sunlight for use in:

1.    The heating or cooling of a structure or building;

2.    The heating or pumping of water;

3.    Industrial, commercial, or agricultural processes; or

4.    The generation of electricity.

B.    A solar energy system may be used for purposes in addition to the collection of solar energy. These uses include, but are not limited to, serving as a structural member or part of a roof of a building or structure and serving as a window or wall. (See TMC 18.04.050.)

“Solid waste handling facilities” means facilities that receive, process, transfer, collect, or dispose of residential, industrial and commercial solid waste as defined by Chapter 70.95 RCW.

“Source of nonionizing electromagnetic radiation” means an RF facility emitting between one-hundredth MHz and one hundred thousand MHz of effective radiated power of more than or equal to one thousand watts.

“Sponsoring agency” means a church or faith based organization that joins in an application with a host agency for a city temporary use permit and assumes responsibility for providing basic services and support to temporary emergency homeless encampment residents, such as hot meals and coordination of other needed donations and services.

“State education facilities” means education facilities that are of a statewide nature including but not limited to state colleges, universities and community colleges.

“Story” means that portion of a building represented by space between the top surface of any floor and the top surface of the floor next above, except the topmost story shall have the ceiling or roof above as the top surface of the floor next above. The height of a story shall be measured by the vertical distance between the top surfaces.

“Stream” shall mean all types of natural surface watercourses, including but not limited to rivers and creeks, that convey perennial or intermittent flows derived from precipitation runoff and/or groundwater discharge.

“Street” means any public thoroughfare or right-of-way which affords the principal means of access to abutting property.

“Structure” means a manmade object of any kind, which is built or constructed, or any piece of work built up or composed of parts joined together in some definite manner and affixed to the earth. (See TMC 18.04.020.)

“Structure, landscaping” means a fence, wall, trellis, statue or other similar landscaping or ornamental object.

Substantial Improvement.

A.    “Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure, either:

1.    Before the improvement or repairs are started; or

2.    Before the damage occurred, if the structure has been damaged and is being restored.

B.    This definition does not apply to:

1.    Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

2.    Any alteration of a structure listed on the National Register of Historic Places or State Inventory of Historic Places.

“Support facilities” means facilities such as streets, roads, highways, sidewalks, street lighting systems, traffic signals, fire stations, electrical switching substations, electrical power transmission towers, natural gas pipelines, telephone exchanges, natural gas gate stations and regulating stations, domestic water systems, storm and sanitary sewer systems, park and ride facilities and wells or well fields, all of which are continuously related to public (or private) services.

(Ord. O2013-013, Amended, 10/01/2013; Ord. O2007-017, Added, 12/18/2007; Ord. O2006-019, Amended, 08/15/2006; Ord. O2002-013, Added, 08/20/2002; Ord. O98-001, Added, 09/15/1998; Ord. O95-035, Amended, 12/19/1995; Ord. O94-014, Added, 07/09/1994; Ord. 1144, Amended, 01/05/1988; Ord. 883, Added, 05/06/1984. Formerly 18.04.525 – 18.04.595)

18.04.190 T definitions.

“Tavern” means an establishment where beer and/or wine is served to the public in accordance with a tavern license issued by the Washington State Liquor Control Board pursuant to RCW 66.24.330.

Through Lot. See “lot, through,” TMC 18.04.120.

“Townhouse” or “rowhouse” means one of a line or row of dwelling units attached one to the other, having common walls between individual units, generally two stories in height (and sometimes three). Each unit occupies the space between common walls from the lowest level to the roof.

“Tract” means a lot usually held in common ownership by an association, or reserved for future development.

Trailer. See “mobile home” and “travel trailer,” TMC 18.04.130 and this section.

“Transmission tower” means a structure that is constructed above ground or water, or is attached to or on top of another structure, and is intended to support an antenna and accessory equipment, or which is itself an antenna.

“Transportation facilities, large scale or regional,” means transportation facilities that are meant to serve Thurston County and/or the Puget Sound region as a whole that include but are not limited to heavy rail terminals, storage and maintenance facilities and large scale bus terminals, storage and maintenance facilities.

“Transportation terminal” means a facility which serves primarily as a transfer point for changing from one mode of transportation to another.

“Travel trailer” means a vehicular, portable structure built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacation purposes, or for intermittent road use, but not for permanent residential use. It shall have a visible manufacturer’s certification tag showing it to be a travel trailer. A travel trailer is a structure that will not meet the requirements of the building code as adopted by TMC Title 15, and for the purpose of this title, a travel trailer shall not be deemed a mobile home.

(Ord. O2013-013, Amended, 10/01/2013; Ord. O2010-017, Amended, 12/21/2010; Ord. O2001-020, Added, 05/07/2002; Ord. O95-035, Amended, 12/19/1995; Ord. 1144, Amended, 01/05/1988; Ord. 883, Added, 05/06/1984. Formerly 18.04.597 – 18.04.620)

18.04.200 U definitions.

Unit. See “dwelling” or “dwelling unit,” TMC 18.04.040.

“Use district” means a specific zoned area or district, designated on the official zoning map. Such area is subject to all the regulations contained in this title that are applicable to the district.

“Utility support facilities” means facilities such as water and sewer transmission and distribution lines or pipes and their appurtenances, telephone and fiber optic cable and electrical transmission and distribution facilities, and streets or roads.

(Ord. O2013-013, Amended, 10/01/2013; Ord. O2000-024, Added, 02/06/2001; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984. Formerly 18.04.630 – 18.04.637)

18.04.210 V definitions.

“Variance” means a modification of the regulations because of the unusual nature, shape, exceptional topographic conditions, or extraordinary situation or conditions connected with a specific piece of property, where the literal enforcement of this title would pose undue hardship on the applicant in carrying out the spirit or intent of this title.

“Visual runway” means a runway intended solely for the operation of aircraft using visual approach procedures.

(Ord. O2013-013, Amended, 10/01/2013; Ord. O2004-009, Amended, 12/07/2004; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984. Formerly 18.04.640 – 18.04.641)

18.04.220 W definitions.

“Warehouse distribution center” means a building or premises in which the primary purpose is to store goods, merchandise or equipment for eventual distribution by boat, rail, air or motor vehicle and may include office and maintenance areas. A warehouse distribution center is not intended to include “big box” discount or warehouse stores that sell retail goods, merchandise, or equipment, or storage and ministorage facilities that are offered for rent or lease to the general public, or warehousing that is accessory to a manufacturing use.

“Wireless communication facility” means a public or private land use (other than an accessory use; see definition in TMC 11.20.020(A)(1) through (4)) that transmits and/or receives radio frequency signals, including but not limited to directional, omnidirectional, or parabolic (dish) antennas (see definition in TMC 11.20.020(B), “antenna”), transmitting devices and related equipment, transmission towers and other support structures, connecting appurtenances, accessory equipment shelters and cabinets, or other related structures or development. Wireless communication facilities are either “freestanding” (equipment mounted on a “wireless communication support structure”) or “attached” (equipment affixed to or erected upon existing buildings, water tanks, or other existing structures). (See also TMC Chapter 11.20, Communication Antennas and Towers.)

“Work release facility” means a facility providing work/training release programs as an alternative to imprisonment, which are under the supervision of a court or a federal, state or local agency, including electronic house arrest program management.

Wrecking Yard. See “automobile wrecking” and “junkyard,” TMC 18.04.010 and 18.04.100.

(Ord. O2013-013, Amended, 10/01/2013; Ord. O2006-037, Added, 03/04/2008; Ord. O2000-004, Amended, 07/18/2000; Ord. O97-019, Amended, 06/17/1997; Ord. O95-035, Amended, 12/19/1995; Ord. 1144, Added, 01/05/1988; Ord. 883, Added, 05/06/1984. Formerly 18.04.642 – 18.04.645)

18.04.230 Y definitions.

“Yard” means an open, unoccupied space on a lot which is unobstructed from the ground upward by buildings or structures except as provided in TMC 18.42.040.

The yard determination diagram is set out in Diagram 18.04.670.

“Yard, front” means a yard lying between the front line of a lot or front property line and the front setback line and extending across the full width of a lot. (See Diagram 18.04.670.)

“Yard, rear” means a yard lying between the rear line of a lot or rear property line and the rear setback line and extending across the full width of a lot.

“Yard, side” means a yard between the side line of a lot or side property line and extending from the front setback line to the rear setback line. In the case of a corner lot, there would be no rear yard, just the two side yards. (See Diagram 18.04.670.)

(Ord. O2013-013, Amended, 10/01/2013; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984. Formerly 18.04.646 – 18.04.660, 18.04.670)

18.04.240 Z definitions.

“Zone” means a land use area or district established by the city council.

(Ord. O2013-013, Amended, 10/01/2013; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984. Formerly 18.04.665)