Chapter 18.08 DEFINITIONS

The purpose of this section is to define words that are used throughout these development regulations. Definitions may also be found within the other development regulation divisions. (Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.020 Words not defined.

Refer to Section 18.20.020(F), Administrative interpretations. (Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.030 Additional definitions.

The definitions contained in this division are generally those listed in Sections 18.08.040 through 18.08.290. Definitions specific to individual divisions appear and are listed in those development regulations. (Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.040 A definitions.

“Abandon or abandonment of wireless telecommunications facilities” means:

1. To cease operation for a period of sixty (60) or more consecutive calendar days;

2. To reduce the effective radiated power of an antenna by seventy-five percent (75%) for sixty (60) or more consecutive calendar days unless new technology or the construction of additional cells in the same locality allows reduction of effective radiated power by more than seventy-five percent (75%), so long as the operator still serves essentially the same customer base;

3. To relocate an antenna at a point less than eighty percent (80%) of the height of an antenna support structure; or

4. To reduce the number of transmissions from an antenna by seventy-five percent (75%) for sixty (60) or more consecutive calendar days; provided, that nonoperation or reduced operation for a period of sixty (60) or more consecutive calendar days to facilitate maintenance, redesign or other changes about which the city was notified in advance shall not constitute abandonment.

“Abutting” means a lot bordering on, touching or in physical contact with another lot. Sites are considered abutting even though the area of contact may be only a point.

“Access” means the way or means by which pedestrians and vehicles enter and leave property.

“Accessory building” means a detached subordinate building, the use of which is customarily incidental to the principal building or to the principal use of the land and is located on the same tract as the principal building or use.

“Accessory dwelling unit” means a second dwelling unit added to, created within, or detached from a single-family detached dwelling for use as a completely independent or semi-independent unit with provisions for cooking, eating, sanitation, and sleeping.

“Accessory structure” means a structure either attached or detached from a principal building and located on the same lot, and is customarily incidental and subordinate to the principal building or use.

“Accessory use” means a use of land or of a building customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.

“Action(s)” means new and continuing activities (including projects and programs) entirely or partly financed, assisted, conducted, regulated, licensed, or approved by agencies; new or revised agency rules, regulations, plans, policies, or procedures; and legislative proposals. Actions fall within one of two categories:

1. Project Actions. A project action involves a decision on a specific project, such as a construction or management activity located in a defined geographic area. Projects include and are limited to agency decisions to:

a. License, fund, or undertake any activity that will directly modify the environment, whether the activity will be conducted by the agency, an applicant, or under contract;

b. Purchase, sell, lease, transfer, or exchange natural resources, including publicly owned land, whether or not the environment is directly modified.

2. Nonproject Actions. Nonproject actions involve decisions on policies, plans, or programs.

a. The adoption or amendment of legislation, ordinances, rules, or regulations that contain standards controlling use or modification of the environment;

b. The adoption or amendment of comprehensive land use plans or zoning ordinances;

c. The adoption of any policy, plan, or program that will govern the development of a series of connected actions (WAC 197-11-060, SEPA), but not including any policy, plan, or program for which approval must be obtained from any federal agency prior to implementation;

d. Creation of a district or annexations to any city, town or district;

e. Capital budgets; and

f. Road, street, and highway plans.

3. Actions do not include activities listed above when an agency is not involved. Actions do not include bringing judicial or administrative civil or criminal enforcement actions.

“Activity” means any use conducted on a site.

“Adequate public facilities” means facilities which have the capacity to serve development without decreasing levels of service below locally established minimums.

“Adjacent” means lots located across a right-of-way, railroad or street, except limited access roads.

“Adult family home” means 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.

“Agency” means any state or local governmental body, board, commission, department, or officer authorized to make law, hear contested cases, or otherwise take the actions stated in WAC 197-11-704, except the judiciary and State Legislature. An agency is any state agency (WAC 197-11-796) or local agency (WAC 197-11-762).

“Alley” means a public or private way not more than thirty (30) feet wide at the rear or side of property affording only secondary means of vehicular or pedestrian access to abutting 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 (50%) of the market value of the structure in a two-year period.

“Amateur radio station operators” or “receive-only antennas” means any tower or antenna that is under seventy (70) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

“Amendment” means any change in the wording, context, or substance of this code or the comprehensive plan; a change in the zoning map or comprehensive plan map; a change to the official controls of the city code; or any change to a condition of approval or modification of a permit or plans reviewed or approved by the planning commission, city council or designee.

“Anchor” means the device to which tie-downs are secured or fastened having a holding power of not less than four thousand eight hundred (4,800) pounds. They include, but are not necessarily limited to, screw auger and expanding or concrete “dead men” type anchors, and are to be constructed as to accommodate “over-the-top” and “frame” type tie-downs, used singly or in conjunction.

“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 telecommunications services.

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

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

“Antique dealer” means any person engaged, in whole or in part, in the business of selling antiques.

“Antiques” means works of art, pieces of furniture, decorative and household objects, and other such collectibles possessing value or commercial appeal owing to their being made during an earlier period.

“Apartment” means one or more dwelling units within a mixed use structure that may/may not be occupied by an owner or dwelling units within a multifamily building.

“Appeal” means a proceeding by which an aggrieved party requests that a disputed matter is brought before a higher authority for review of a decision made by the city.

“Applicant” means any natural person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government, or any other person or combination acting as a unit, with legal rights and duties, whether acting by themselves or by a servant, agent, employee, or guardian authorized to make an application to the city of Rainier for any required development permit.

“Approval” means permission to proceed with a land use action for development.

Aquifer. See Chapter 18.100.

“Arcade” means a linear pedestrian walkway that abuts and runs along the facade of a building. It is covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its open side. There may be habitable space above the arcade.

“Architectural barriers” means constructed structures such as walls, signs, rockeries, drainage swales or similar constructed features that impact the required landscape areas.

“Art” or “artwork” means a device, element, or feature with a primary purpose to express, enhance or illustrate an aesthetic quality, feeling, physical entity, idea, local condition, historical or mythical happening, or cultural or social value. Examples of artwork include sculpture, bas-relief sculpture, mural, or unique, specially crafted lighting, furniture, pavement, landscaping, or architectural treatment that is intended primarily, but not necessarily exclusively, for aesthetic purposes. Signs, upon approval by the city, may be considered artwork, provided they exhibit an exceptionally high level of craftsmanship, special material or construction and include decorative devices or design elements that are not necessary to convey information about the business or product. Signs that are primarily names or logos are not considered art.

“Automobile service station” or “gas station” means a building or lot having pumps and storage tanks where fuels, oils or accessories for motor vehicles are dispensed, sold or offered for sale at retail prices only, repair service is incidental and no storage or parking space is offered for rent. 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. (Ord. 575 § 1, 2009: Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.050 B definitions.

“Backhaul network” means the lines that connect a provider’s wireless telecommunications facilities to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

“Barn” means a structure used for the storage of farm products and feed, and for housing farm animals and light farm equipment.

“Base flood elevation” means that elevation, expressed in feet above mean sea level, determined by the Federal Insurance Administration, U.S. Department of Housing and Urban Development, to which floodwater, on an average, can be expected to rise on a frequency of once in every one hundred (100) years.

“Battery charging station” means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with the rules adopted under RCW 19.27.540. Battery charging stations may be either a permitted or accessory use in commercial areas, but are only appropriate as an accessory use in residential neighborhoods.

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

“Bed and breakfast” means a lodging facility comprised of a single residential structure containing up to four units of small-scale, temporary lodging which provides a single meal and where the proprietors of the service reside in the structure.

“Berm” means a landscaped elevation formed of earth, sand, or stone.

Blank Walls. Walls subject to “blank wall” requirements meet the following criteria:

1. Any wall or portion of a wall that has a surface area of four hundred (400) square feet (SF) of vertical surface without a window, door, or building modulation as defined below or other architectural feature.

2. Any ground level wall surface or section of a wall over four feet in height at ground level that is longer than fifteen (15) feet as measured horizontally without having a ground level window or door lying wholly or in part within that fifteen (15) foot section.

“Blighted area” means an area characterized by deteriorating and/or abandoned buildings; inadequate or missing public or community services; and vacant land with debris, litter, lack of sanitation facilities, trash and junk accumulation, and impacted by adverse environmental nuisances, such as noise, heavy traffic, and odors.

“Block” means all land along one side of a street that is between two intersections or intercepting streets, or interrupting streets and a railroad right-of-way, or unsubdivided land or watercourse.

“Boardinghouse” or “lodging house” 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.

Boundary Line Adjustment. See Section 18.144.040, Definitions, boundary line adjustment.

“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 lands, uses or structures, in such a manner as to reduce or mitigate any adverse impacts of one or the other.

“Buildable area” means the portion of a lot or site, exclusive of required yard areas, setbacks, landscaping or open space within which a structure may be built.

“Building” means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property of any kind.

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

“Building coverage” means the measurement of the gross footprint of all the structures, to include accessory and exempt structures, on a lot. The gross footprint includes all structural elements and projections of a building and includes, but is not limited to, eaves, projections, decks, balconies, elevated patios, breezeways, or canopies.

“Building, detached” means a building detached from one or more buildings by common roofs, walls, or floors.

“Building facade” or “facade” means the visible wall surface, excluding the roof, of a building when viewed from a public right-of-way or adjacent property. If more than one wall is predominately visible, the walls may be considered one facade for the purposes of signage. A building facade is measured in gross square feet (gsf) and does not include roof area.

“Building height” means the vertical distance from the average natural, undisturbed grade of a site to the highest point of the structure.

“Building, principal” means a building devoted to the principal use of the lot on which it is situated.

Building Site. See “Buildable area.”

“Bulkhead” means a vertical wall of steel, timber or concrete used for erosion protection or as a retaining wall.

“Business” means the purchase, sale, or other transaction involving the handling or disposition of any article, service, substance, or commodity for livelihood or profit; or the management of office buildings, offices, recreational or amusement enterprises; or the maintenance and use of buildings, offices, structures, and premises by professions and trades rendering services. (Ord. 599 § 1, 2011: Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.060 C definitions.

“Camouflage” means to disguise, hide, or integrate with an existing or proposed structure or with the natural environment so as to be significantly screened from view.

“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 below.

“Car wash” means facilities for the washing, waxing and vacuuming of automobiles, light trucks, and vans, either by the patron or by others using machinery specifically designed for that purpose.

“Caretaker dwelling” means quarters not to exceed eight hundred (800) square feet used for a caretaker, guards or other persons whose permanent residency on the premises is required for operational safety or protective purposes.

“Carport” means a covered automobile structure open on one or more sides, with direct driveway

access for the parking stall(s). A carport may be integrated with, attached to, or detached from the primary structure.

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

“Cemeteries” means land used or intended to be used for the burial of the dead and dedicated to cemetery purposes, including columbariums, mausoleums and mortuaries, when operated in conjunction with and within the boundary of such cemetery.

“Change of use” shall be determined to have occurred when it is found that the general character of the use in question has been modified. This determination shall include review of, but not be limited to:

1. Hours of operation;

2. Materials processed or sold;

3. Required parking;

4. Traffic generation;

5. Impact on public utilities;

6. Clientele;

7. General appearance and location; and

8. Change in use type.

“Circulation” means the movement or flow of traffic from one place to another through available routes. Traffic includes a variety of modes of travel including pedestrian, motor vehicle and nonmotorized methods, such as bicycles.

“City” means the city of Rainier and/or city staff members.

“City designee” or “designee” means the community development department director, senior planner, or other as appointed by the mayor.

“Clear-vision areas” means a triangular area at intersections or public drives where visual obstructions are to be kept clear. See standards adopted by Thurston County, Chapter 12.04.

“Clearing” means the removal of timber, brush, grass, groundcover, or other vegetative matter from a site that exposes the earth’s surface on the site.

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

“Closed record appeals” means administrative appeals under RCW 36.70B.110, which are heard by the city council following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted, and only appeal arguments allowed.

“Co-location of wireless telecommunications facilities” means the use of a wireless telecommunication facility by more than one service provider.

“Combined use building” means residential use types in combination with other use types.

“Commercial activity” means any activity carried out for the purpose of financial gain for an individual or organization, whether for profit or nonprofit.

“Commercial truck” means any motorized vehicle licensed by the state including, but not limited to, a car, truck, truck trailer, tractor, grading machine, bulldozer, scraper, boat, motorized crane, etc., that is used in the operation of a business to store, transfer, or deliver commodities or in construction, road grading, or logging activities.

“Communication facilities” means power and communication lines and towers, antennas and microwave receivers.

“Community development director” means the director of the community development department of the city of Rainier or designee of that department.

“Comprehensive plan” means the document, including maps, adopted by the city council that outlines the city’s goals and policies relating to management of growth, and prepared in accordance with Chapter 36.70A RCW. The term also includes any adopted subarea plans prepared in accordance with Chapter 36.70A RCW.

“Concurrency” means ensuring that adequate public improvements or strategies are in place at the time of development, and the ability and financial commitment of the service provider to expand capacity or maintain the level of service for new development through capital improvements within a six-year period as noted in the transportation capital improvement plan.

“Conditional use” means certain uses which because of special requirements, unusual character, size or shape, infrequent occurrence or possible detrimental effects on surrounding property and for other similar reasons are classified as conditional uses. These uses may be allowed in certain use districts by the granting of a conditional use permit by the planning commission, which is responsible for the administration of conditional use procedure. 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.

“Condominium” means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interest in the common elements is vested in the unit owners, and unless a declaration and a survey map and plans have been recorded. Condominiums must meet all provisions of Chapter 64.34 RCW.

“Contiguous” means bordering upon, to touch upon, or in physical contact with.

“Correctional facilities” means facilities for holding persons in custody or in detention, including county jails, state prisons, juvenile detention facilities, pre-release facilities, work release facilities, and other facilities to which a person may be incarcerated upon arrest or pursuant to sentencing by court.

“Courtyard” is an open space, usually landscaped, which is enclosed on at least three sides by a structure or structures.

Critical Areas. See Section 18.100.060, Definitions.

“Curb cut” is a depression in the curb for a driveway to provide vehicular access between private property and the street. (Ord. 575 § 2, 2009: Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.070 D definitions.

“Dangerous waste” means any discarded, useless, unwanted, or abandoned substances including, but not limited to, certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial, present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:

1. Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties; or

2. Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means. Includes wastes designated in WAC 173-303-070 through 173-303-103 as dangerous wastes.

“Day care center” means a day care facility which operates in a place other than a residence, with no limitation as to the number of clients.

“Day care facility” means a building or structure in which care is regularly provided for a group of children or adults for periods of less than twenty-four (24) hours. Day care facilities include family day care homes and day care centers regulated by the Washington State Department of Social and Health Services or successor agency, as presently defined and as may be hereafter amended (Chapter 74.15 RCW and WAC Title 388).

“Day care, home” means a day care facility that operates in the provider’s residence and is subject to a limitation on the number of clients.

“Day care, home-based” means a day care facility with no more than twelve (12) persons in attendance at any one time in the provider’s home in the family living quarters, including immediate family members who reside in the home.

“Decibel” means a unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in decibels.

“Deciduous tree” means a tree that loses its foliage annually.

“Decision” means a determination arrived at after consideration.

“Deck” means a roofless, outdoor, aboveground platform projecting from the wall of a building and supported by piers or columns.

“Dedication” means the transfer of property by the owner to another party.

“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.

“Department” means the city of Rainier community development department.

“Design details” or “architectural or building design details” refers to the minor building elements that contribute to the character or architectural style of the structure. Design details may include moldings, mullions, rooftop features, the style of the windows and doors, and other decorative features.

“Design, wireless telecommunications facilities” means the appearance of wireless telecommunications facilities, including such features as their materials, colors, and shape.

“Designated zone facility” means any hazardous waste facility that requires an interim or final status permit under rules adopted under Chapter 70.105 RCW and Chapter 173-303 WAC, and that is not a preempted facility as defined in RCW 70.105.010 or in Chapter 173-303 WAC. A hazardous waste treatment or storage facility is a designated zone facility.

“Development” means any constructed changes to improved or unimproved land, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operations or the subdivision of property.

“Development activity” means any action taken either in conjunction with a use, or to make a use possible. Activities do not in and of themselves result in a specific use. Most activities may take place in conjunction with a variety of uses.

“Development permit” means any document granting, or granting with conditions, an application for a site plan, building permit, discretionary decision, or other official action of the city having the effect of authorizing the development of land, which includes all Process I through Process V applications.

“Development plan” means a plan drawn to scale, indicating, but not limited to, the proposed use, the actual dimensions and shape of the lot to be built upon, the exact sizes and locations of buildings already existing on the lot, if any, and the location on the lot of the proposed building or alteration, yards, setbacks, landscaping, off-street parking, ingress and egress, and signs.

“Development regulations” means the controls placed on development or land use activities, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the city.

“Discontinuance” means the abandonment of a use, or nonuse of a building, structure, sign or lot.

“Discretionary permit” means a decision which requires special analysis or review due to the nature of the application or because special consideration was requested by the applicant.

“District” means an area designated by this division, with specific boundaries, in which lie specific zones, or special purpose area as described in this division.

“Domesticated animal” means those domestic beasts such as any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep or hog, or other animal made to be domestic.

“Double-frontage lot” means a lot other than a corner lot with frontage on more than one street.

“Dripline” means a circle drawn at the soil line directly under the outermost branches of a tree.

“Drive-through” means a business establishment so developed that all or a portion of its retail or service character is dependent on providing a driveway approach or parking space for motor vehicles so as to serve patrons while in a motor vehicle, or within a building on the same premises and devoted to the same purpose as the drive-through service.

“Driveway” means a paved or graveled surface a minimum of fifteen (15) feet in width that provides access to a lot from a public or private right-of-way.

“Duplex” means one detached residential building, vertically or horizontally attached, containing two dwelling units totally separated from each other by a one-hour firewall or floor, designed for occupancy by not more than one family each.

“Durable surface” means concrete, brick, asphalt or similar material.

“Dwelling” means a building or portion thereof designed exclusively for human habitation, but not including hotel or motel units.

“Dwelling, multiple” 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.

“Dwelling unit” means one room or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure or on the same property, and containing independent cooking, sleeping and sanitary facilities. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. (Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.080 E definitions.

“Easement” means a nonpossessory interest in the land of another which entitles the owner of the interest to a limited use or enjoyment of the other’s land for the purpose of and protection from interference with this use by a public or private street, railroad, utility, transmission line, walkway, sidewalk, bikeway, equestrian trail, and other similar uses. An easement may be exclusive or include more than one user.

“Electric vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source that is stored on-board for a motive purpose.

“Erect” means the act of placing or affixing a component of a structure upon the ground or upon another such component.

“Essential public facilities” means those state or regional facilities and services of statewide significance that are typically difficult to site, such as airports, state education facilities, state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities, and inpatient facilities including substance abuse facilities, mental health facilities, group homes and secure community transition facilities.

“Evergreen tree” means a tree, often a coniferous tree, which retains its foliage and remains green year-round.

“Excavate” means the removal by man of sand, sediment, or other material from an area of land or water for a use other than commercial or industrial.

“Extremely hazardous waste” means any waste which will persist in a hazardous form for several years or more at a disposal site and which in its persistent form presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic constitution of humans or other living creatures and is disposed of at a disposal site in such quantities as would present an extreme hazard to man or the environment. Those wastes designated in WAC 173-303-070 through 173-303-103 as extremely hazardous wastes. (Ord. 599 § 2, 2011: Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.090 F definitions.

“Facade” means any portion of an exterior elevation of a building extending from the ground level to the top of the parapet wall or eaves, for the entire width of the building elevation. A front facade is typically the facade facing the major public street(s). An entry facade is typically the facade with the primary public entry.

“Family” means one or more individuals related by blood or legal familial relationship, or a group of not more than six persons who need not be related by blood or a legal familial relationship under a common housekeeping management plan, living together in a dwelling unit as a single, nonprofit housekeeping unit, excluding Types I, II and III group homes as defined in Section 18.40.060, Residential use category.

“Fence” means a wall or barrier for the purpose of enclosing space or separating parcels of land.

“Fence, sight-obscuring” means a fence constructed of solid wood, masonry, metal or other appropriate material that totally conceals the subject use from adjoining uses.

“Fill” or “filling” means the placement by man of sand, sediment or other material to raise the elevation of the land.

“Final development plan” means a plan or set of plans that complies with the conditions set forth in a preliminary approval and, once approved, authorizes the granting of a discretionary permit.

“Flag” means any piece of cloth of individual size, color and design, used as a symbol, signal or emblem, or for decoration.

“Flagpole” means a staff or pole that is designed to display a flag. A flagpole may be freestanding or attached to a building or to a private light standard.

“Flea market” means arrangements whereby a person or persons sell, lease, rent, offer or donate to

one or more persons a place or area where such persons may offer or display secondhand or junk items.

“Floor area” means the sum of the gross horizontal areas of several floors of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, but not including attic space providing headroom of less than seven feet or basement, if more than fifty percent (50%) of the basement is less than grade.

Floor Area Ratio (FAR). The floor area ratio of the building or buildings on any lot means the gross floor area of the building or buildings on that lot, divided by the gross area of such lot.

“Footcandle” is a unit used for measuring the amount of illumination on a surface. The amount of usable light from any given source is partially determined by the angle of incidence of the source and the distance to the illuminated surface.

“Footprint” means the perimeter of the foundation of a structure as it is measured at grade.

“Freeway” means any section of a highway that has been declared to be a freeway by act or resolution of the competent establishing authority.

“Frontage” refers to length of a property line along a public street or right-of-way. (Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.100 G definitions.

“Garage” means an enclosed automobile structure with direct driveway access principally for vehicular equipment such as automobiles, boats, etc., used by the tenants of the building(s). A garage may be integrated with, attached to, or detached from the primary structure. Also see “Parking structure” in Section 18.08.190.

“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.

“Geologic” means relating to the occurrence and properties of earth. Geologic hazards include faults, landslides and mudslides, and earthquakes.

“Governing authority” means the city council of the city of Rainier.

“Government-assisted housing” means housing that is owned by the city, a public housing authority or state or federal agency, for the purpose of supporting low-income families.

“Grade, average” means the average elevation of the undisturbed ground prior to construction at all exterior corners of the proposed structure.

“Grade, finished” means the finished surface of the ground, street, paving or sidewalk.

“Grade, preconstruction” means prior to any grade, fill or disturbance of soil or vegetation.

“Greenhouse” means a glass or plastic structure specially designed for the growing of plants that provides a controlled growing environment that allows plants to grow when they would not otherwise do so.

“Gross area” means the total sum area of the lot.

“Gross density” means a calculation of the number of housing units that is allowed on a property based on the maximum density permitted.

“Gross square feet (gsf)” means the sum of the total square footage of any building, lot, property or area.

“Groundcover” means low-growing vegetative materials with a mound or spreading manner of growth that provides solid cover.

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

“Guyed tower” means a wireless communication support structure that is typically over one hundred (100) feet tall and is steadied by wire guys in a radial pattern around the tower. (Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.110 H definitions.

“Habitat” means the place or type of site where an organism lives; the place occupied by an entire community, such as a freshwater tidal marsh community.

“Hazardous substance” means any liquid, solid, gas or sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as described in rules adopted under Chapter 70.105 RCW or in WAC 173-303-090 or 173-303-100.

“Hazardous substance land use” means any use which is permitted under this division and which includes a designated zone facility or the processing or handling of a hazardous substance.

“Hazardous substance land use facility” means the projected line enclosing the area of all structures and lands on which hazardous substance land use activities occur, have occurred in the past or will occur in the future. This does not include the application of products for agricultural purposes or the use, storage, or handling of hazardous substances used in public water treatment facilities.

“Hazardous substance, processing or handling” means the use, storage, manufacturing, or other land use activity involving hazardous substances, but does not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container. Hazardous substances shall not be disposed of on site, unless in compliance with dangerous waste regulations, Chapter 173-303 WAC, and any pertinent local ordinances, such as sewer discharge standards.

“Hazardous waste” means any dangerous and extremely hazardous waste as designated pursuant to Chapter 70.105 RCW and Chapter 173-303 WAC, including substances composed of radioactive and hazardous components. A moderate-risk waste is not a hazardous waste.

“Hazardous waste facility” means the contiguous land and structures, other appurtenances and improvements on the land used for recycling, storing, treating, incinerating or disposing of hazardous waste.

“Hazardous waste storage facility” means any designated zone facility which holds hazardous waste for a temporary period not to exceed five years; this does not include accumulation of hazardous waste by the generator on the site of generation, as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201.

“Hazardous waste treatment facility” means any designated zone facility which processes hazardous waste by physical, chemical or biological means to make such waste nonhazardous or less hazardous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume.

“Height” means the vertical distance measured from the average grade to the highest point on the building or structure.

“Home business” means any occupation, profession or lawful commercial activity carried out for financial gain by a resident living on the premises, and in which said activity is secondary to the use of the dwelling for living purposes; provided, that the occupation or profession meets the requirements of Section 18.52.070, Home business. A home business has an effect (e.g., customers, employees, traffic, noise, etc.) upon the surrounding neighborhood and requires an administrative use permit.

“Home business, limited” means any occupation, profession or lawful commercial activity carried out for financial gain entirely within the dwelling, solely by a resident living on the premises, and which said activity is secondary to the use of the dwelling for living purposes; provided, that the limited home business meets the requirements of Section 18.52.080, Limited home businesses. A limited home business has no impact (e.g., no clients or employees, traffic, noise, etc.) on the peace, quiet, comfort, and enjoyment by and of the abutting properties and the surrounding community.

“Hotel” means a single building or a group of detached or semi-detached buildings containing six or more guest rooms or self-contained suites, with parking provided on the site for the use of those staying in the rooms or suites, which is or are designed and used for the accommodation of transient travelers for a period not to exceed thirty (30) days. 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.

“Human scale” means the size of a building element or space relative to the dimensions and proportions of a human being. A building is considered to have good human scale if there is an expression of human activity or use that indicates the building’s size. For example, traditionally sized doors, windows, and balconies are elements that respond to the size of the human body; so these elements in a building indicate a building’s overall size. (Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.120 I definitions.

“Impervious surface” means a hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions preexistent to development, or that hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow under natural conditions preexistent to development. Common impervious surfaces include, but are not limited to, rooftops, concrete or asphalt paving, paved walkways, patios, driveways, parking lots or storage areas, grasscrete, and oiled, macadam or other surfaces, which similarly impede the natural infiltration of surface water. Open, uncovered retention/detention facilities shall not be considered impervious surfaces.

“Incidental use” means a use that is in conjunction with, and smaller than, the main part of a facility or use.

“Incompatible uses” means, for the purpose of community design, those uses, including, but not limited to, outdoor storage, utilities equipment and apparatus, and loading and service facilities, which are considered to be visually intrusive, unsightly and which require site design and screening to mitigate the negative impacts to retail, service and office commercial uses and residential development.

“Infill” means new development on vacant lots in established neighborhoods, to facilitate in keeping urban densities.

“Interior landscaping area” means any area of a lot that is not within a required perimeter landscaping or landscape buffer area. In the case of single-family residences in residential zones, the entire lot shall be considered the interior landscaping area. Interior landscaping areas are required within large parking lot areas to provide aesthetic visual relief and provide for some shading of parking spaces. (Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.130 J definitions.

“Judicial appeals” means appeals filed by a party of record in Thurston County superior court. (Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.140 K definitions.

“Kennel” means an enclosure or structure in which any combination of six or more dogs that individually exceed seven months of age are kept for breeding, sale, training, boarding, or sporting purposes.

“Kitchen” means any room or rooms, or portion of a room or rooms, used or intended or designed to be used for cooking or the preparation of food. (Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.150 L definitions.

“Landfill” means a solid waste facility for the permanent disposal of solid wastes in or on the land requiring a solid waste permit under Chapter 70.95 RCW.

“Landscaping” means vegetative cover including shrubs, trees, flowers, groundcover and other similar plant material. Required landscaping must conform to the planting standards contained in Rainier city ordinances. An area may be determined to be landscaped if it is planted with vegetation in the form of hardy trees, shrubs, or grass or evergreen groundcover maintained in good condition.

“Lattice tower” means a support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section.

“Level of service (LOS) standards” means indicators of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. LOS indicates the capacity per unit of demand for each public facility. LOS standards reflect existing or desired public facility conditions.

“Livestock” means all cattle, sheep, goats, or animals of the bovine family; all horses, mules, or animals of the equine family; all pigs, swine, or animals of the guinea family; and ostriches, rhea, and emus.

“Loading space, off-street” means a space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such deliveries when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

“Local road or street” means a road or street which is used or intended to be used primarily for providing access to abutting properties and to discourage through traffic.

Lot. See Section 18.144.040, Definitions.

“Lot area” means the total area, in gross square feet (gsf), within the lot lines of a lot, excluding any public right-of-way. For the purposes of flood regulations, any portion of a lot lying below the ordinary high water mark or lawfully constructed bulkhead shall not be included in a lot area calculation.

“Lot, buildable” means a lot of record which is proposed for use in compliance with this division, and has received approval of the water supply, stormwater retention/detention system and sewage disposal method as appropriate to such use.

“Lot, corner” means a lot of which at least two adjacent sides abut streets other than alleys.

“Lot coverage” means the area of a lot covered by a building or buildings, expressed as a percentage of the total lot area.

“Lot, cul-de-sac” means a lot that has a front lot line contiguous with the outer radius of the turn-around portion of a cul-de-sac.

“Lot depth” means the perpendicular distance measured from the midpoint of the front lot line to the midpoint of the opposite lot line.

Lot Determination. See Section 18.144.040, Definitions.

Lot, Flag. A flag lot is surrounded by abutting lots with an extended access way to a street right-of-way.

“Lot, interior” means a lot other than a corner lot.

“Lot line” means the property line bounding a lot.

“Lot line, front” means, normally, the property line separating the lot from the street, other than an alley, from which access is provided to the lot. For the purpose of establishing setback requirements, orientation of the dwelling unit shall be independent of access to the parcel. In the case of a corner lot, the front lot line shall be the property line with the narrow dimension adjacent to the street.

“Lot line, rear” means the lot line which is opposite and most distant from the front lot line and which is in the same plane and runs parallel to the front lot.

“Lot line, side” means any property line that is neither a front nor a rear lot line.

Lot of Record. See Section 18.144.040, Definitions.

“Lot, through” means an interior lot having frontage on two streets, and which is not a corner lot.

“Lot, width” means the average horizontal distance between the side lot lines, ordinarily measured parallel to the front lot lines, except that portion of a flag lot that usually forms an extended access way to a street right-of-way.

“Low income” means households whose incomes do not exceed eighty percent (80%) of the median income for the city of Rainier as determined by Department of Housing and Urban Development. (Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.160 M definitions.

“Maintenance” means routine upkeep (the cleaning, painting, repair, or replacement of defective parts) of existing structures, facilities, or signs which are in current use or operation.

“Major exterior remodel” means a proposed improvement to any existing building, structure or property that changes the exterior appearance of the property and meets either of the criteria below:

1. Estimated value of construction exceeds fifty percent (50%) of the value of the existing built facilities as determined by the city of Rainier’s building valuation procedure.

2. Construction includes an addition to or extension of an existing building.

“Manufactured home” means a factory-assembled structure that was constructed in accordance with the 1976 or later (HUD) federal Manufactured Housing Construction and Safety Standards Act in effect at the time of construction and:

1. Displays the appropriate HUD or Department of Labor and Industries label;

2. Is suitable for movement along public highways;

3. Is intended solely for human habitation; and

4. Has sleeping, eating and plumbing facilities.

Manufactured homes do not include modular homes or recreational vehicles as herein defined. For the purpose of flood hazard regulations only, a manufactured home is a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It includes recreational vehicles or travel trailers that are placed on a site for more than one hundred eighty (180) consecutive days.

“Map” means a representation, usually on a flat surface, of the whole or part of an area.

“Maximum density” means the maximum number of dwelling units allowed per buildable acre.

“Maximum lot size” means the largest lot area size, expressed in gross square feet (gsf), permitted for short plat subdivisions, lot line adjustments, and subdivisions utilizing standard development regulations. The maximum lot size does not apply to open space parcels or residential parcels that are more than thirty-five percent (35%) encumbered by dedicated natural or critical areas or associated buffers.

“Mean high water (MHW)” means the average height of all high waters over a nineteen (19) year period.

“Medical, dental, and health care clinics” means the location where licensed or regulated health and health-related professionals provide health-related services to patients or customers. Does not include hospitals.

“Mini-warehouse” means a facility consisting of separate storage units that are rented to customers having exclusive access to their respective units for storage of residential- or commercial-oriented goods. No business is conducted out of storage units and habitation is prohibited.

“Minor exterior remodel” means any improvement that changes the visual appearance or exterior configuration of a building structure or property, and which has a value of less than fifty percent (50%) of the existing built facilities as determined by the city of Rainier’s building valuation procedure. Painting and restorative maintenance are not considered minor remodels.

“Mitigate” means to alleviate the negative impacts of a particular action.

“Mitigation” means any action that, to some degree, softens the impact of development on critical or sensitive areas. This may include all or any one of the following actions:

1. Avoiding the impact altogether by not taking a certain action or parts of an action.

2. Minimizing impacts by limiting the degree or magnitude of an action and its implementation.

3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.

4. Reducing or eliminating the impact over time by preservation and maintenance operations.

5. Compensating for the impact by creation, restoration, or enhancement of critical or sensitive areas to maintain their functional processes, such as natural biological productivity, habitat, and species diversity, unique features and water quality. Any mitigation action or combination of actions may involve monitoring and remedial follow-up measures.

“Mixed use zone” is a zoning district where there is more than one type of land use, such as a combination of residential and commercial uses. Mixed use is characterized by:

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

2. Convenient pedestrian connections.

“Mobile home” means a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes, that was constructed prior to June 15, 1976, and/or does not conform to (HUD) Manufactured Housing Construction and Safety Standards Act. Mobile homes do not include recreational vehicles. The appropriate HUD or Department of Labor and Industries label is displayed. Mobile homes are no longer built, and their placement in this community is prohibited.

“Mobile home park” means an area of land in single or corporate ownership, on which space is made available for the location of mobile homes on a month-to-month basis. Such mobile homes would, generally, be owned by the occupants who pay a fee for the use of the ground space.

“Mobile home subdivision” means an area of land, platted in accordance with the subdivision or platting requirements of the city and of the state, in which each parcel or lot is designed and intended to be owned in fee by a person, or persons, also owning and occupying the mobile home structure situated on such lot. Structures in mobile home subdivisions shall meet current HUD or UBC construction standards.

“Mobile transmission facility” means a movable, nonstationary transmission facility that contains wireless telecommunications equipment including any antenna, support structure, or accessory structure, and may include other uses associated with and ancillary to wireless telecommunications facilities.

“Modification of wireless telecommunications facilities” means the changing of any portion of a wireless telecommunications facility from its description in a previously approved permit, excluding routine maintenance and repair. Examples include, but are not limited to, changes in design or structure, changes in the heights of towers or monopoles, changes in any accessory structures or appurtenances that are affiliated with or support a wireless telecommunications facility.

“Modular home” means a detached dwelling that is designed for human habitation, is either entirely or substantially prefabricated at a place other than a building site, and is constructed or installed on the site in accordance with the UBC and bearing the appropriate insignia indicating such compliance. Modular homes are also commonly referred to as prefabricated, panelized, or factory-built units.

“Modular unit” is 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 will be built to comply with the most currently adopted building codes.

“Modulation” means a stepping back or projecting forward of portions of a building facade within specified intervals of building width and depth as a means of breaking up the apparent bulk of a structure’s continuous exterior walls.

“Monopole tower” means a support structure which consists of a single pole sunk into the ground and/or attached to a foundation.

“Motel” means a building or group of buildings on the same lot, containing units with separate entrances and consisting of individual sleeping quarters detached or in connected rows, with or without cooking facilities, used for the accommodation of transient travelers and guests for a period not to exceed thirty (30) days.

“Motor vehicle service or repair” means those establishments engaged in fixing, engine tune-up, adjusting lights or brakes, or supplying and installing replacement parts of or for passenger vehicles and trucks.

“Motor vehicle service station” means any premises used for supplying gasoline, oil, minor accessories and services, excluding body and fender repair, for automobiles at retail direct to the customer.

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

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

2. Ground Mounted. A wireless telecommunications facility mount fixed to the ground, such as a tower.

3. Structure Mounted. A wireless telecommunications facility fixed to a structure other than a building, such as light standards, utility poles, water towers, and bridges.

“Multifamily design review” means an administrative process for the purpose of reviewing multifamily development applications for compliance with specific site design, landscape design and building design criteria.

“Multifamily dwelling” means three or more household units with common walls or ceilings common to another unit in single ownership.

“Multiple-building complex” means two or more structures on the same lot where those structures are physically separate and do not share a common wall.

“Multiple-tenant building” means a single structure housing two or more of the following establishments: office, residence, industry, or commercial business. (Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.170 N definitions.

“Natural areas” means all or portions of a parcel of land undisturbed by development and maintained in a manner which preserves the indigenous plant materials.

“Neighborhood convenience store” means a small (less than two thousand five hundred (2,500) square feet) store located in a residential district providing necessities of daily living.

“Neighborhood park or playground” means an area for recreational activities, such as, but not limited to, field games, court games, crafts, playground apparatus area, skating, walking, viewing, picnicking, wading pools and swimming pools.

“Net acreage” means the buildable area after the area of street rights-of-way have been subtracted.

“Net developable acreage” means the gross site acreage minus any environmentally constrained lands and roads.

“Nonconforming lot” means a lot which does not conform to the design or density requirements of the zoning district in which it is located. A nonconforming lot is a lot that was legal when it was created, but no longer meets the current area, width, or depth dimensional requirements for the zoning district in which the property is located. Nonconforming lots may be occupied by any permitted use in the district; provided, that all other development regulations in effect at the time of development are met.

“Nonconforming structure” is one which was lawfully erected in conformance with the regulations in effect at the time of its construction, but which no longer conforms to current development standards including, but not limited to, design, height, setback or coverage requirements of the zoning district in which it is located.

“Nonconforming use” means the use of land, a building or a structure lawfully existing prior to the effective date of the ordinance codified in this division or subsequent amendments thereto, which does not conform with the regulations of the district in which it is located.

“Nonconformity” means any land use, structure, lot or sign legally established prior to the effective date of the ordinance codified in this division or subsequent amendment, which is no longer permitted by or in full compliance with the regulations of this division.

“Nursery, horticultural” means a place where trees, shrubs, vines, etc., are propagated for transplanting or for use as stocks for grafting and where such flora can be sold.

“Nursing home” means a multi-unit or multi-bed facility that is licensed or approved to provide living accommodations and round-the-clock health care and medical supervision. (Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.180 O definitions.

“Occupancy” means the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.

“Odor control structure” means equipment or structures appurtenant to wastewater conveyance facilities used to lessen the odors of the liquids being transported.

“Off-site hazardous waste treatment or storage facility” means any hazardous waste treatment or storage facility which treats or stores wastes that are generated off the site.

“Off-site treatment and storage facility” means a facility that treats or stores hazardous waste or special incinerator ash generated on properties other than the property on which the off-site facility is located. For further discussion, refer to the current edition of “Zoning Guidelines for Hazardous Waste Treatment and Storage Facilities,” prepared by the Solid Waste Program of the State Department of Ecology.

“Official controls” means legislatively defined and enacted policies, standards, precise detailed maps and other criteria, all of which control the physical development of the city, and are the means of translating into regulations and ordinances all or any part of the general objectives of the comprehensive plan.

“Official map” means maps that show the designation, location and boundaries of the various districts, land, or manmade features which have been adopted and made a part of the city of Rainier Municipal Code, or other plan or policy documents.

“On-site hazardous waste treatment or storage facility” means any hazardous waste treatment or storage facility that treats or stores only that waste which is generated on the site.

“On-site treatment and storage facility” means a facility that treats or stores hazardous wastes generated on the same property. For further discussion, refer to the current edition of “Zoning Guidelines for Hazardous Waste Treatment and Storage Facilities,” prepared by the Solid Waste Program of the State Department of Ecology.

“Open record hearing” means a hearing held by a decision-making body that is authorized by the city to conduct such hearings, that creates the city’s record through testimony and submission of evidence and information, under procedures prescribed by the city by ordinance or resolution.

“Open space” means land used for farm or forest uses, and any land area that would, if preserved and continued in its present use:

1. Conserve and enhance natural or scenic resources;

2. Protect air, streams or water supply;

3. Promote conservation; or

4. Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature preservations or sanctuaries or other open space.

A cemetery shall not mean open space under this definition.

“Ordinary high water mark” means that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all 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 the ordinance codified in this title, 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 shall be the line of mean high water.

“Ornamental tree” means a tree that is either a conifer or deciduous tree that is accessory, decorative, enhances and/or accents the general landscaping of the site. Ornamental trees are generally between eight and twenty (20) feet tall at maturity.

“Outside storage” means all or part of a lot which is used for the keeping of materials, vehicles or products in an open, uncovered yard or in an unwalled building. Such materials may include tractors, backhoes, heavy equipment, construction materials and other similar items.

“Overlay district/zone” means a defined geographic area where sets of development regulations are established to achieve a specific public purpose. These regulations are in addition to those of the underlying zoning district and are shown on the zoning map. Also can be a supplementary district that places special restrictions or preempts the use of land beyond those required in the underlying zones.

“Owner” means the owner of record of real property as shown on the tax rolls of the Thurston County assessor, or a person who is purchasing a piece of property under contract.

“Owner occupant” means a property owner, as reflected in title records, that makes his or her legal residence at the site, and actually resides at the site more than six months out of any given year.

“Ownership” means the existence of legal equitable title to land. (Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.190 P definitions.

“Parapet” means that portion of a building wall that extends above the roof of the building.

“Parcel” means a lot or plot of land proposed or created in accordance with this code, Division 6 of this title, or prior subdivision ordinance and state law and intended as a unit for the purpose, whether immediate or future, of transfer of ownership. The external boundaries existing as of the date of incorporation of the city of Rainier shall be used to establish what a parcel is for the purposes of this code. For parcels that have not been conveyed since that date, the legal description used in the conveyance closest to that date shall control.

“Park trailer” or “recreational park trailer” is a trailer-type unit that is primarily designed to provide temporary living quarters for recreational, camping or seasonal use, which meets the following criteria:

1. Built on a single chassis, mounted on wheels;

2. Having a gross trailer area not exceeding four hundred (400) square feet (37.15 square meters) in the set-up mode; and

3. Certified by the manufacturer as complying with ANSI A119.5.

“Parking area” means an area accessible to vehicles, which area is provided, improved, maintained, and used for the sole purpose of accommodating a motor vehicle.

“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 any off-street surface area of not less than fifteen (15) feet by eight feet in size, exclusive of maneuvering and access area, permanently reserved for the storage or parking of one vehicle, and connected with an access which affords ingress and egress for vehicles.

“Parking structure” means a building or structure consisting of more than one level, above and/or below ground with one or more common entrances, and used for the parking and/or temporary storage of motor vehicles.

“Parking, surface” means an off-street, ground level open area, usually improved, for the parking and/or temporary storage of motor vehicles.

“Parties of record” means persons with legal standing with respect to an application including the applicant, property owner as identified by the records available from the Thurston County assessor’s office, or any person who testified at the open record public hearing on the application and/or any person who submitted written comments during administrative review or has submitted written comments concerning the application at the open record public hearing, excluding persons who have only signed petitions or mechanically produced form letters.

“Passive recreation” means an outdoor leisure time activity that usually occurs in a natural or designed urban setting. Passive recreation may occur in common open lawn areas and, where determined appropriate, critical area buffers and aquifer recharge and floodwater storage areas. Activities may include picnicking, sightseeing, walking, hiking, biking, horseback riding, and nature walks. Accessory structures associated with passive recreation include: playground equipment, picnic shelters and tables, barbecue pits, exercise stations, restroom facilities, benches, directory signs, garbage containers, and landscaped areas with walkways.

“Patio” means a recreation area adjoining a dwelling which is often paved or a wood platform of thirty (30) inches or less above finished grade.

Pedestrian-Oriented Facades. The ground floor facades facing pedestrian-oriented streets and public parks shall feature pedestrian-friendly street front facades which consist of one or more of the following characteristics:

1. Transparent window area or window displays along the majority of the ground floor facade.

2. Sculptural, mosaic or bas-relief artwork over the majority of the ground floor facade.

3. Pedestrian-oriented space. As defined below, at least five hundred (500) square feet must be located along the sidewalk for every one hundred (100) linear feet of facade as measured along the property line adjacent to the street right-of-way. The pedestrian-oriented space shall also include at least two hundred (200) square feet of landscaping for every one hundred (100) linear feet of building facade as measured along the property line adjacent to the street right-of-way. The landscaping must conform to the planting standards contained in Rainier city ordinances.

“Pedestrian-oriented space” means an area between a building and a public street or another building that promotes visual and pedestrian access onto the site and that provides pedestrian-oriented amenities and landscaping to enhance the public’s use of the space. Pedestrian-oriented spaces include, but are not limited to, outdoor plazas, arcades, courtyards, seating areas, and amphitheaters.

1. Pedestrian-oriented spaces have:

a. Visual and pedestrian access, including handicapped access, into the site from the public right-of-way.

b. Special textured paved walking surfaces of either concrete or approved unit paving.

c. On-site or building-mounted lighting providing at least four footcandles (average) on the ground.

d. Seating; at least two feet of seating area (bench, ledge, etc.) or one individual seat per sixty (60) square feet of plaza area or open space.

e. Landscaping, including trees and seasonal plantings, that defines the space, but does not act as a visual barrier to views from the street or adjacent buildings.

f. Site furniture, artwork or amenities such as fountains, kiosks, etc.

g. Pedestrian weather protection or other enclosure, such as an arcade or gazebo.

2. Generally, pedestrian-oriented spaces shall not have:

a. Asphalt or gravel pavement.

b. Adjacent unscreened parking lots.

c. Adjacent chain-link fences.

d. Adjacent blank walls without blank wall treatment.

“Pedestrian-oriented use” means a commercial use in which customers commonly arrive on foot, or where signage, advertising, window displays and entryways are oriented toward pedestrian traffic on a public sidewalk. Pedestrian-oriented businesses may include restaurants, retail shops, personal service businesses, travel services, banks (except drive-through windows), and similar establishments.

“Performance standards” means criteria to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.

“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.

“Person” means any natural person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government, or any other person or combination acting as a unit, with legal rights and duties, whether acting by themselves or by a servant, agent, employee, or guardian.

Personal Wireless Service or Personal Wireless Service Facilities. See “Wireless telecommunications facilities” in Section 18.08.260.

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

Plat. See Section 18.144.040, Definitions.

Plat, Preliminary. See Section 18.144.040, Definitions.

Plat, Short. See Section 18.144.040, Definitions.

“Plaza” means a pedestrian space that is available for public use and is situated near a main entrance to a building or is clearly visible and accessible from the adjacent right-of-way. Typical features include special paving, landscaping, lighting, seating areas, water features, and art.

“Preempted facility” means any hazardous waste facility defined as a preempted facility in RCW 70.105.010 or in Chapter 173-303 WAC. This may include any facility that includes as a significant part of its activities any of the following hazardous waste operations:

1. Landfill;

2. Incineration;

3. Land treatment;

4. Surface impoundment to be closed as a landfill; or

5. Waste pile to be closed as a landfill.

“Preexisting personal wireless telecommunications facility (PWTF)” means any personal wireless telecommunications facility for which a building permit and/or development permit has been properly issued prior to the date of adoption of the ordinance codified in this title, including permitted wireless telecommunications facilities that have not yet been constructed, so long as that permit or approval has not expired.

“Preliminary approval” means an approval, based upon an application and conceptual plan for a discretionary land use permit, granted by the city that sets forth certain conditions.

“Premises” means a parcel of land with its appurtenances and buildings that, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.

“Preschool” means an establishment exclusively providing educational programs for pre-kindergarten or preschool children, but excluding day care uses as specified in Section 18.40.060, Residential use category, which would regularly provide care, whether for compensation or not, to a group of four or more, but less than twelve (12), children twelve (12) years of age or under, who are not related to the occupant of the facility.

“Principal use” means the main use to which the premises are devoted and the principal purpose for which the premises exist.

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

“Private organization” means a nonprofit corporation organized pursuant to Chapter 24.03 RCW, as a nonprofit corporation.

“Processing or handling of a hazardous substance” means the compounding, treatment, manufacturing, synthesis, use or storage of hazardous substances in excess of the following amounts in bulk quantities: five thousand (5,000) pounds of solid hazardous substances, five hundred (500) gallons of liquid hazardous substances, and six hundred fifty (650) cubic feet of gaseous hazardous substances.

“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.

“Project action” involves a decision on a specific project, such as a construction or management activity located in a defined geographic area. Projects include and are limited to agency decisions to:

1. License, fund, or undertake any activity that will directly modify the environment, whether the activity will be conducted by the agency, an applicant, or under contract.

2. Purchase, sell, lease, transfer, or exchange natural resources, including publicly owned land, whether or not the environment is directly modified.

“Project permit” means any land use or environmental permit or license required from the city of Rainier, Thurston County, or a state or federal agency for a project action, including but not limited to building permits, site development permits, fill and grade permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, development plan review, and site-specific rezones authorized by the comprehensive plan; but excluding adoption or amendment of the comprehensive plan and development regulations, zoning of newly annexed land, area-wide rezones, and zoning map amendments except as otherwise specifically included in this subsection.

Proponent. See “Person.”

“Provider, telecommunications facilities” means a corporation, company, association, joint stock company, firm, partnership, sole proprietorship, limited liability company, other entity or individual which provides telecommunications services through the use of wireless telecommunications facilities.

“Public facilities” include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, storm waste facilities, parks and recreational facilities, governmental buildings, and schools.

“Public meeting” means an informal or formal meeting, workshop, or other public gathering of persons to obtain comments from the public or other agencies on a proposed project permit prior to the city’s decision, but is not an open record hearing.

“Public or semi-public use” means a structure or use, owned or operated by a state, county, city, school district or other public or private agency or concern for the benefit of the public generally including schools, fire stations, libraries, community buildings, museums, child care centers, fairgrounds, and churches, but does not include specific uses or structures which are defined separately in this chapter.

“Public utility” means a private business or organization such as a public service corporation, performing some public service and subject to special governmental regulations, or a governmental agency performing similar public services, the service by either of which are paid for directly by the recipients thereof. Such services shall include, but are not limited to, water supply, electric power, gas and transportation of persons or freight. (Ord. 594 § 1 (part), 2011: Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.200 Q definitions.

“Qualified architect or engineer” means an architect or engineer registered in the state of Washington who, by reason of this training and experience, is considered qualified to pass judgment on design, materials, and methods of construction. The qualifications of the architect or engineer must be reviewed and found to be acceptable by the city. (Ord. 575 § 3, 2009: Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.210 R definitions.

“Recorded” means, unless otherwise stated, filed for record with the auditor of the county of Thurston, state of Washington.

“Recreation” means the refreshment of body and mind through forms of play, amusement or relaxation. The recreational experience may be active, such as boating, fishing, and swimming, or may be passive such as enjoying the natural beauty of the shoreline or its wildlife. Facilities included as low-intensity recreation may include picnic tables, trail signs, unpaved trails and portable restrooms.

“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, and golf and country clubs.

“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.

“Recreational and utility vehicles” means licensed travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pickup, horse trailers, boats, boat trailers with or without boats, utility trailers and mobile homes not qualified as a permanent family home structure, being of such size and weight as to be operable over highways without requirement of a special highway movement permit.

“Recycling center” means a center for the receiving and storage of recyclable materials such as paper, glass and aluminum. The center would receive materials from the general public. This use may involve some outside storage.

“Recycling collection site” means a site with collection boxes or other containerized storage where citizens can leave materials for recycling.

“Regulated activities” means, but is not limited to, any of the following activities that are undertaken directly or originate in a regulated critical area or its buffer: building permit, commercial or residential; binding site plan; franchise right-of-way construction permit; site development permit; right-of-way permit; shoreline permit; short subdivision; use permit; subdivision; utility permit; or any subsequently adopted permit or required approval not expressly exempted by this division.

“Rehabilitation” means infrequent, extensive repair of more than a routine nature to existing structures or facilities which are in current use or operation.

“Religious assembly” means an establishment in which the principal purpose is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, which may include accessory uses in the main building or in separate buildings or structures such as religious educational classrooms, assembly rooms, library or reading room, recreation hall, and a single dwelling unit for caretaker or clergy and his/her immediate family.

“Remote switching unit” means a device or group of devices in a telephone system having the necessary equipment for terminating and interconnecting subscribers’ lines, farmer lines, toll lines and inter-facilities trunks, normally dependent on one or more central office switching unit for full operability.

“Residential day care” means a facility licensed by the state that cares for at least five but not more than fifteen (15) people with functional disabilities that has not been licensed as an adult family home pursuant to RCW 70.128.060.

“Residential health care facility” means the regular family abode of a person or persons who are providing personal care, room and board, according to the appropriate state licensing requirement(s), to more than one but not more than four people 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 the standards and qualifications provided for by law.

“Retail trade” means the sale or rental of goods and merchandise for final use or consumption.

“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 oper-

ation of a club, association, ranch, or similar establishment.

“Right-of-way” means land owned, dedicated or conveyed to the public, used primarily for the movement of vehicle, wheelchair, bicycle, and pedestrian traffic. Right-of-way may be intended to be occupied by electric transmission lines, oil or gas pipelines, water lines, sanitary storm sewers, and other similar uses. Right-of-way may also include land privately owned; provided, that such land has been developed and constructed in compliance with all applicable laws and standards for a public right-of-way.

“Riprap” means a layer, facing, or protective mound of stones randomly placed to prevent erosion, scour or sloughing of a structure or embankment; also, the stone so used. In local usage, the similar use of other hard material, such as concrete rubble, is also frequently included as riprap.

“Roadside stand” means a temporary structure designed or used for the display or sale of agricultural products primarily produced on the premises upon which such a stand is located.

“Roofline” means the top edge of a roof or building parapet, whichever is higher, excluding any mansards, cupolas, pylons, chimneys, or minor projections.

“Room” means any space in a building enclosed or set apart by a partition or partitions which is habitable and shall be deemed to apply to any room used as a bedroom, dining room, living room, sitting room, parlor, kitchen, sewing room, library, den, music room, dressing room, sleeping porch, sun room, sun porch, party room, recreation room, breakfast room, study, and similar uses. (Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.220 S definitions.

“Salvage yard” or “junkyard” means a place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including, but not limited to, auto and motor vehicle wrecking yards, house wrecking yards, used lumber yards and yards for use of salvaged house wrecking and structural steel materials and equipment.

“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 or any special institution of education, but 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/or sound-absorbing buffer. In reference to the placement of a wireless telecommunication facility, “screening” refers to the placement of towers or mounting of such facilities among trees or other appropriate vegetation to provide a natural, aesthetic appearance to their placement.

“Secondary use” means a use subordinate to the principal or primary use of the property, such as commercial, residential, or industrial uses allowed in each zoning district, etc.

“Secondhand dealer” means any person engaged, in whole or in part, in the business of buying, selling, trading, or otherwise transferring for value secondhand or used personal property, metal junk, melted metals, or precious metals and consigned or auctioned goods.

“Secondhand property/goods” means any and all used or secondhand goods or items of personal property which can be used again for the purpose for which they were originally intended, including, but not limited to, valuable items such as coins with a value greater than their face value, precious metals, precious stones and jewelry.

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

“Service areas” means areas, enclosed or open, that contain equipment and uses such as ground level mechanical equipment, utility vaults, loading zones, outdoor storage areas, and trash and recycling areas.

“Service provider” means the department, district or agency responsible for providing the specific public facility or service.

“Service uses or activities” means a business which sells the knowledge or work of its people rather than a tangible product.

“Setback” means the minimum required distance between any structure and a specified line such as a property line or buffer line that is required to remain free of structures unless otherwise provided herein.

“Sewage system, on-site” means any system of piping, treatment devices, or other facilities that convey, store, treat, or dispose of sewage on the property where it originates or on adjacent or nearby property under control of the user where the system is not connected to a public or approved private sewer system.

Sexually Oriented Business. This use type refers to business that includes as a majority part of its business any one or more of the following: an adult entertainment facility; adult-oriented merchandise; adult retail use; panorama; or similar facility, merchandise, or entertainment.

“Shading vegetation” means vegetation planted on the south side of a major creek that generally provides shade from midmorning to midafternoon. Examples of shading vegetation are specified in Section 18.48.100, Landscaping.

“Shed, storage” means a structure in which possessions are kept for future use and which is constructed on the owner’s property. The owner may not lease the structure or any portion of the storage area to a second party. The structure shall not be used for any form of commercial production or retail sales activities.

“Shopping center” means a retail shopping area designed as a unit, which utilizes a common parking area.

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

Sign. See Section 18.48.130, Signs.

“Significant tree” means an existing tree, which:

1. Is measured at average breast height above grade and is fifteen (15) inches in diameter;

2. Is in good health;

3. Is not detrimental to the community (e.g., is not diseased, dying, or likely of falling into public open space or right-of-way, etc.) or obscuring safe sight distance requirements;

4. Is not an identified species pursuant to Division 5 of this title, Development Regulations—Critical Areas and Natural Resource Lands; and

5. Is not one of the following species:

a. Cottonwood;

b. Alder;

c. Poplar; or

d. Big-leaf maple.

“Single-family dwelling, detached” means a single household unit other than a mobile or manufactured home in which construction is characterized by no common wall or ceiling with another unit. A single-family dwelling may be site built or manufactured elsewhere and assembled at the home site.

“Site-built dwelling” means a dwelling that is constructed on the site where it will be used.

“Site planning” is the arrangement of buildings, driveways, sidewalks, public open spaces, landscaping, parking, utilities, and other facilities on a specific site.

“Skating rink” means a commercial facility wherein the rental of skating equipment occurs and an enclosed skating surface for private or public use is provided.

“Soil” means the surface layer of earth supporting plant life.

“Solid waste” means all wastes, including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, discarded commodities, sludge from wastewater treatment plants, seepage from septic tanks, wood wastes, dangerous wastes, and problem wastes.

“Solid waste incinerator” means the processing of solid waste by means of pyrolysis, refuse-derived fuel or mass incineration within an enclosed structure. These processes may include the recovery of energy resources from such waste or the conversion of the energy in such wastes to more useful forms or combinations thereof. This definition refers to city-wide or regional-scale operations and does not include solid waste incineration which is accessory to an individual principal use.

“Solid waste transfer/recycling station” means the transfer of solid waste materials from route collection trucks to larger capacity semi-trailers for transport to a solid waste disposal site. The transfer activities would be conducted entirely within an enclosed structure. The use may involve a service area for the repair and maintenance of trucks and an outside parking area for trucks.

“Sound level” means, in decibels, the quantity measured by an instrument that satisfies American National Standard Specification for Sound Level Meters, S1.4-1971, or the most recent revision thereof. Sound level is understood to be measured with the A-weighted filter and slow response of the instrument.

“Special incinerator ash” means ash residues resulting from the operation of incinerator or energy recovery facilities managing municipal solid waste, including solid waste from residential, commercial, and industrial establishments, if the ash residues:

1. Would otherwise be regulated as hazardous wastes under Chapter 70.105 RCW; and

2. Are not regulated as a hazardous waste under the federal Resource Conservation and Recovery Act.

“Stabilization” means the process of controlling or stilling the movement of sand and eroding soil by natural vegetative growth, planting of grasses and shrubs, or mechanical means such as wire net and fencing.

“Stacking space” means the space specifically designated as a waiting area for vehicles whose occupants will be patronizing a drive-in business. Such space is considered to be located directly alongside a drive-in window, facility or entrance used by patrons and in lanes leading up to and away from the business establishment.

“Storage units/compartments/containers” means a manufactured container for shipment of goods or supplies that are usually transported by rail, trucks or semi-trailers.

“Stormwater conveyance facilities” means features such as gutters, pipelines, culverts, manholes, weirs, manmade and natural channels, water quality filtration systems and drywells that convey stormwater.

“Stormwater multiple-use facilities” means stormwater pond facilities that are also developed to allow uses such as parks, recreational, educational and research structures and activities.

Story. See the Uniform Housing Code or International Building Code.

“Street” means a public way located within a right-of-way that was created to provide ingress and/or egress to one or more lots, parcels, areas or tracts of land and includes the terms “road,” “highway,” “lane,” “avenue,” or similar designation.

“Street, cul-de-sac” means a street having only one outlet for vehicular traffic, with a turn-around at the closed end and which is not planned to be extended or continued to serve future subdivisions or development on adjacent lands.

“Street furniture” means the objects placed on or near a sidewalk for use, convenience or enjoyment primarily by pedestrians such as benches or other seating arrangements, trash receptacles, mail and newspaper boxes, kiosks, light poles, and art objects.

“Street tree” means a species of tree approved by the city of Rainier to be planted in or along street frontages in accordance with the provisions of Section 18.48.100, Landscaping.

“Street wall” means the construction of buildings adjacent to the edge of the sidewalk and which abut each other or are in very close proximity to one another, to create the effect of a continuous wall of building facades along the sidewalk at the property lines.

“Streetscape” is the visual character and quality of a street as determined by various elements located between the edge of the street and the building face, such as trees and other landscaping, street furniture, lighting, artwork, transit stops, signage, utility fixtures and equipment, and paving treatments. Where there are frequent and wide spaces between buildings, the streetscape will be defined by the pattern of building and open space and the character of that open space.

“Structural alteration” means any change to the supporting members of a building including foundations, bearing walls or partitions, columns, beams, girders, or any structural change in the roof or in the exterior walls.

“Structure” means a walled and roofed building, a manufactured home, and a gas or liquid storage tank that is principally above ground. “Structure” can also be defined as anything that is constructed in or on the ground or over water, including any edifice, gas or liquid storage tank, and any piece of work artificially built up or composed of parts and joined together.

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

Subdivision. See Section 18.144.040, Definitions, and Chapter 58.17 RCW.

“Subdivision, clustered housing planned developments” 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.

“Survey and monument” means the boundaries of a partition parcel, road right-of-way or road easement. (Ord. 575 § 4, 2009: Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.230 T definitions.

“TCPH&SSD” means the Thurston County public health and social services department.

“Telecommunications” means the transmission, between or among points specified by the user, of information of the user’s choosing without change in the form or content of the information as sent and received.

“Telecommunications service” means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

“Temporary use” means a nonpermanent structure, use or activity involving minimal capital investment that does not result in the permanent alteration of the site and which is intended to exist or operate for a limited period of time.

“Tower” means, for the purposes of wireless telecommunications facilities, any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telecommunications, including, but not limited to, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers or personal communications services towers, alternative tower structures and other similar communication purposes. The term includes the structure, all structural supports, and all related buildings and appurtenances.

“Townhouse” means a residential structure in which individual dwelling units are attached along at least one common wall to at least two other dwelling units. Each dwelling unit occupies space from the ground to the roof and no portion of a unit may occupy space above or below another unit, except that townhouse units may be constructed over a common shared parking garage, provided the garage is underground.

“Toxic materials” means a substance (liquid, solid, or gaseous), which by reason of an inherent deleterious property tends to destroy life or impair health.

Tract. See “Lot” in Section 18.144.040, Definitions.

“Trailer, commercial/private” means a vehicle without motor power designed to be drawn by a motor vehicle and which trailer is used or is to be used for carrying goods and property.

Trailer House. See “Mobile home” in Section 18.08.160.

“Transfer station, drop-box” means a solid waste facility requiring a state solid waste permit which is used for placement of a detachable container including the area adjacent for necessary entrance and exit roads, unloading and turn-around areas. The facility normally serves the general public with loose loads and receives waste from off site.

“Transfer/recycling station” means a solid waste facility requiring a state solid waste permit which is a permanent, fixed supplemental collection and transportation facility, used by persons and route collection vehicles to deposit collected solid waste from off site into a larger transfer vehicle for transport to a disposal facility. It may include baling or compaction activities or recycling facilities.

“Transitional housing” means a facility operated publicly or privately to provide housing for individuals or families who might otherwise be homeless and generally have no other immediate living options available to them. Transitional housing shall not exceed a two-year period per individual or family.

“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.

“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 Uniform Building Code, and for the purpose of this division a travel trailer shall not be deemed a mobile home.

“Tree” means any living woody plant characterized by one main trunk and many branches, and having a diameter of two inches or more measured at three feet above ground level.

“Tree removal permit” means an approval granted by the community development department to remove a significant tree(s) within the city. (Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.240 U definitions.

“Uniform Building Code (UBC)” means the current version of the building code as adopted by the state, or equivalent, published by the International Conference of Building Officials, and adopted by the city.

“Unlicensed wireless services” means commercial mobile services that operate on public frequencies and are not required to have an FCC license to operate.

“Use” means the purpose or activity for which land or buildings are designed, arranged, intended, divided, or occupied, maintained, rented, or leased, and includes any manner of performance of such activity with respect to the performance standards of these development standards. A use often involves the placement of structures or facilities for industry, commerce, habitation, or recreation.

“Use category” means a group of similar use types that are associated with each other to such an extent that they represent a general land use function.

“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 division that are applicable to the district.

“Use, permitted” means any use allowed in a zoning district and subject to the restrictions applicable to the specific use.

“Use, principal” means the primary or predominant use of any lot or parcel.

“Use type” means a group of similar uses that are fundamentally related to each other, contain equivalent characteristics, and which fall within the same use category.

“Utilities” means public facilities including electrical substation, electrical generation facilities, electrical transmission, telephone or communication lines, pipelines, sewer lines, water lines, natural gas lines, or similar transmission facilities, natural gas gate valve and storage facilities, sewage collection and treatment facilities, waste disposal facilities, waste/recycling transfer facilities, and water supply facilities. (Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.250 V definitions.

“Validity” means legally binding with the laws as established in the Rainier Municipal Code.

“Variance” means a modification of regulations of this division when authorized by the city after finding that the literal application of the provisions of this division would cause undue and unnecessary hardship in view of certain facts and conditions applying to a specific parcel of property because of the unusual nature, shape, exceptional topographic conditions, or extraordinary situation or conditions connected with a specific piece of property.

“Vegetative groundcover” means low-growing vegetation that does not usually exceed one foot in height and eventually grows together to form a continuous mass.

“Vesting” entitles the applicant to improve and use land in the manner permitted under the ordinances in effect on the date the application is deemed complete by the city or regulatory agency/jurisdiction.

“Veterinary clinic” means any premises to which animals are brought, or where they are temporarily kept, solely for the purpose of diagnosis or treatment, care, observation or treatment of any illness or injury to domestic or exotic animals.

“Vocational schools” means schools that are designed to teach students a trade or craft, such as auto mechanics or computer programming. (Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.260 W definitions.

“Warehouse” means a structure or part of a structure used for storing goods, wares, and merchandise, whether for the owner of the structure or for others.

“Wastewater” means water that carries waste from domestic, commercial or industrial facilities together with other waters which may inadvertently enter the sewer system through infiltration and inflow.

“Wastewater transfer facility” means equipment, structures, driving and parking surfaces, and appurtenances used for loading wastewater for transport to wastewater treatment facilities.

“Water supply, potable” means a water source that complies with appropriate state agency regulations as to quality and quantity for use as a drinking source.

“Wellhead protection areas” means the surface and subsurface areas surrounding a well or wellfield that supply a public water supply through which contaminants are likely to pass and eventually reach the water well(s); the area managed by a community to protect groundwater-based public drinking water supplies.

“Whip antenna” means an omnidirectional dipole antenna of cylindrical shape that is no more than six inches in average diameter.

“Wholesale” means establishments primarily engaged in selling merchandise to retailers; industrial, commercial, institutional, or professional business users; or other wholesalers; or acting as agents or brokers and buying for or selling merchandise to such individuals or companies; and professional and commercial equipment suppliers.

“Wireless telecommunications facilities,” including “personal wireless service,” means personal wireless service facilities, and facilities as defined in Title 47, United States Code, Chapter I, Part 24, Section 24.5, including all future amendments, and also includes facilities for the transmission and reception of radio or microwave signals used for communication, telecommunication, cellular phone personal communications services, enhanced specialized mobile radio, any other services licensed by the FCC, and any other unlicensed wireless services. (Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.270 X definitions.

(Reserved). (Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.280 Y definitions.

“Yard” means an open area on a lot with a building and bounded on one or more sides by such building, such space being unoccupied land unobstructed from the ground upward.

“Yard, front” means an open space on the same lot with the building, between the front line of the building, exclusive of steps, and the front property line or right-of-way, including the full width of the lot to its side line.

“Yard, rear” means an open space on the same lot with the building between the rear line of the building, exclusive of steps, porches and accessory buildings, and the rear line of the lot, including the full width of the lot to its side lines.

“Yard sale” means all temporary and intermittent sales which may be variously referred to as “garage sale,” “lawn sale,” “attic sale,” “rummage sale,” “estate sale,” or any similar casual sale of tangible personal property from a residence or community use which is advertised by any means whereby the public at large is or can be made aware of the sale, and which is clearly secondary to the primary use of the site.

“Yard, side” means an open, unoccupied space on a lot, between the side wall line of the main building and the side property line of the lot. (Ord. 548 § 2 (Exh. A) (part), 2007)

18.08.290 Z definitions.

“Zone” means a land use area or district established by the city council and depicted on the official zoning map.

“Zoning” means the regulation of the use of lands or the manner of construction related thereto in the interest of implementing the goals and policies of the comprehensive plan. Zoning includes both the division of land into separate and distinct zoning districts, and the specific use and development standards that regulate development. Such regulation shall also govern those public and quasi-public land use and buildings that provide for government activities and proprietary-type services for the community’s benefit, except as prohibited by law. State and federal governmental activities are strongly encouraged to cooperate under these regulations to secure harmonious city development.

“Zoning district” means an area accurately defined as to boundaries and location, and classified by the zoning code as available for certain types of uses and within which other types of uses are excluded. (Ord. 548 § 2 (Exh. A) (part), 2007)