Chapter 17.04
DEFINITIONS

Sections:

17.04.005    General.

17.04.010    A definitions.

17.04.020    B definitions.

17.04.030    C definitions.

17.04.040    D definitions.

17.04.050    E definitions.

17.04.060    F definitions.

17.04.070    G definitions.

17.04.080    H definitions.

17.04.090    I definitions.

17.04.100    J definitions.

17.04.110    K definitions.

17.04.120    L definitions.

17.04.130    M definitions.

17.04.140    N definitions.

17.04.150    O definitions.

17.04.160    P definitions.

17.04.170    Q definitions.

17.04.180    R definitions.

17.04.190    S definitions.

17.04.200    T definitions.

17.04.210    U definitions.

17.04.220    V definitions.

17.04.230    W definitions.

17.04.240    X definitions.

17.04.250    Y definitions.

17.04.260    Z definitions.

17.04.005 General.

The following words and phrases as used in this title shall be defined as set forth in this chapter. (Ord. C-675 § 33, 2008)

17.04.010 A definitions.

“Accessory” means a building, structure or use, or part of a building, structure, or use, located on the same lot and incidental and subordinate to the principal building, structure or use.

“Accessory dwelling unit” means an additional dwelling unit, including separate kitchen, sleeping, and bathroom facilities, attached to or detached from the primary residential unit. May alternatively be referred to as a “granny flat,” “mother-in-law apartment,” or “garage apartment.”

“Adult entertainment business or establishment” means any type of theater, establishment, or gathering place offering any kind of show, display, or advertising emphasizing nudity or specified sexual activities. An adult entertainment business or establishment shall include an adult arcade, adult bookstore, adult novelty store, adult video store, adult motion picture theater, and adult exotic dance studio, each as defined in Chapter 5.16 AHMC.

“Aerial sign” means any device which is inflated or flown, while anchored to the ground, which displays advertising for a profession, product, activity, or service or is designed to attract attention to a particular site or event. Aerial signs may include, but are not limited to, balloons, floats, blimps, kites, etc., but do not include flags.

“A-frame sign” means a portable stand-alone sign comprised of two separate panels or faces joined at the top and spread apart at the bottom to form a base upon which the sign stands.

“Amateur radio facilities” shall mean towers, arrays, antennas, poles, and rods used to send and receive long-distance radio transmissions by private residents.

“Arrays” or “antennas” shall mean any system of electromagnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based points; includes, but is not limited to, radio antennas, television antennas, satellite dish antennas, and cellular antennas. Types of antennas include:

1. Omni-directional (or “whip”) antennas which transmit and receive radio frequency signals in a 360-degree radial pattern. For the purpose of this chapter, omni-directional antennas are up to 15 feet in height and up to six inches in diameter;

2. Directional (or “panel”) antennas which transmit and receive radio frequency signals in a specific directional pattern of less than 360 degrees; and

3. Parabolic (or “dish”) antennas which are bowl-shaped devices for the reception and transmission of communications signals in a specific directional pattern.

“Automobile wrecking and salvage yard” means an area outside of an enclosed building where motor vehicles or recreational vehicles or their parts are dismantled, dumped, stored or sold. The private, noncommercial storage of inoperable vehicles and remnants thereof and public garages are not considered automobile wrecking and salvage yards when all activity, storage, odor and noise is confined wholly within an enclosed building. The following uses shall not be considered an auto wrecking and salvage yard: open sales lots for the sale of new and used motor vehicles which are in operable condition, motor vehicle towing services, and auto and body repair establishments or both which do not store inoperable vehicles for more than 90 days.

“Automatic irrigation system” means a permanent, artificial watering system designed to automatically transport and distribute water to plants through the use of a controller. The controller shall be adjustable for time of year and climatic conditions.

“Automobile painting, repair, body and fender works” means the storage and repair of trucks and automobiles, including body and fender work and painting. The term does not encompass the business of wrecking automobiles or impoundment car lots when conducted outside of a structure. “Available public facilities” means facilities or services are in place or that a financial commitment is in place to provide the facilities or services within a specified time. In the case of transportation, the specified time is six years from the time of development.

“Avigation” means an easement that grants aircraft the right to fly, land or take off in unobstructed airspace above a parcel of property.

“Awning” means a shelter extending from the exterior wall of a building for the purpose of shielding a doorway or window from the elements and composed of nonrigid materials except for the supporting framework.

“Awning sign” means any sign or advertising painted on, printed on, attached to, or supported by an awning which is attached to a building or structure. (Ord. C-675 § 34, 2008)

17.04.020 B definitions.

“Berm” means an earthen mound designed to provide visual interest, screen undesirable views, and decrease noise.

“Billboard” means a sign that contains a message or advertising for a profession, product, activity, or service that is not related to a use or activity conducted or offered on the premises or at the location where the sign is located, excluding road directional or informational signs, and which is generally available for rent or lease to persons other than the owner of such sign. A billboard sign is generally supported by one or two poles.

“Biodiesel fuel” means a mono alkyl ester of long chain fatty acids derived from vegetable oils or animal fats for use in compression-ignition engines and that meets the requirements of the American Society for Testing and Materials specifications.

“Bonus density” means allowing density of development to exceed what would normally be allowed in an area or zone; provided, that a certain condition or conditions are met. Examples of such conditions might include clustering of residences, use of community wells, development of low-income housing, etc.

“Brewery, distillery or winery” means a plant in which beer, wine or other alcoholic beverages are produced and bottled for wholesale distribution.

“Brewery, micro” means the manufacturing of beer of less than 60,000 barrels per year and to sell beer of its own production at retail for on- and off- premises consumption, and to act as a distributor for beer of its own production.

“Brewpub” means a small-scale beer brewing plant within a restaurant or tavern building in which a portion of the building is used for the production of beer for wholesale distribution and for on-site retail to restaurant or tavern patrons.

“Building” means a structure with a single roof or connected with a roof built for the support, shelter, or enclosure of persons, animals, stored items, mechanical devices, or property of any kind, and permanently affixed to the ground.

“Building coverage” means the portion of a site occupied by principal and attached buildings, not including patios, driveways, open steps and buttresses, terraces, cornices, and ornamental features projecting from buildings or structures which are not otherwise supported by the ground, expressed as a percentage of the total site area.

“Building, main” means the principal building or other structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. Where a permitted use involves more than one building or structure designed or used for the primary purpose, each permitted building or other structure on a lot or building site as defined by this chapter shall be construed as comprising a main building.

“Building, public” means a building constructed for a public purpose, including hospitals, school buildings, police stations, fire stations, libraries, City Hall, community centers, school stadiums and post offices.

“Building site” means a legally created or divided lot(s) or parcel(s) of land that is or will be used or occupied by buildings, together with all yards and open spaces required by this code. Building sites may be composed of one lot, a combination of lots, or a combination of lots and fractions of lots.

“Bulletin board” means a sign which identifies an institution, business or organization on the premises on which it is located and which contains the name of the institution, business or organization, the names of individuals connected within it, and general announcements of events or activities or similar messages.

“Business (service, retail, etc.)” means the purchase, sale, offering for sale, or other transaction involving the handling or disposition of any article, service, substance, or commodity; the management or occupancy of office buildings, offices, recreational, or amusement enterprises; or the maintenance and use of buildings, offices, and structures or premises by professions and trades or persons rendering services, whether or not for profit. (Ord. C-675 § 35, 2008)

17.04.030 C definitions.

“Church” means a permanent, fully enclosed building, portion of a building, or group of buildings used for religious worship and instruction, including schools operated by the religious institution on the same site, but excluding facilities for training of religious orders. A single-family dwelling unit (parsonage) is included in this definition with its use for the pastor or caretaker.

“Clear-view triangle” means the unobstructed triangle within the intersection of two streets or alleys to prevent blind spots and traffic hazards. It is measured as a straight line connecting two points. These two points must be 90 feet between the two points and the center of the intersection. Within this triangle, there can be no buildings, bushes, hedges, fences, trees, signs or other obstructions.

“Cluster” means a group of the same or similar elements (housing in this context) occurring closely together.

“Co-location” shall mean the placement and arrangement of multiple antennas and equipment on a single support structure and equipment pad area.

“Conditional use” means an activity listed among those in any given zone but permitted to locate only after a public hearing and the decision to grant a permit (conditional use permit), imposing such performance standards as will make the use compatible with other permitted uses in the same vicinity and zone and ensure against imposing excessive demands upon public utilities as determined by the Planning Commission.

“Contractor” includes building, electrical, plumbing and heating contractors, building or trucking companies.

“Contractor’s storage yard” is an area where a building, electrical, plumbing and heating contractor or building company stores goods, building materials or building equipment, including company-owned or -operated trucks and motor vehicles. Such material or equipment must be screened by a sight-obscuring fence, or placed within an enclosed building.

“Convalescent center” or “nursing home” means a residential facility licensed by the state or county to provide special care and supervision to convalescents, invalids, and/or aged persons, but where no persons are kept who suffer from mental sickness or disease or physical disorder or ailment which is normally treated within sanitariums or hospitals. Special care in such a facility includes, but is not limited to, nursing, feeding, recreation, boarding, and other personal services.

“Corner setback” means the setback from the intersection required by the clear-view triangle.

“Custodial quarters” means dwellings used and required for continuous supervision by a caretaker or superintendent and his immediate family. Such dwellings may be occupied only by persons employed on the same premises and their immediate families. (Ord. C-675 § 36, 2008)

17.04.040 D definitions.

“Day care facility” means the provision of supplemental parental care and supervision for a non-related child or children on a regular basis for less than 24 hours a day under license by the Washington State Department of Social and Health Services:

1. “Day care facility” means a building or structure in which an agency, person, or persons regularly provide care for a group of children for periods of less than 24 hours a day. Day care facilities include family day care and commercial day care centers regulated by the Washington State Department of Social and Health Services, as presently defined and hereafter amended;

2. “Day care center” means a facility, licensed by the state, which provides for the care of nine or more children. If located in a private family residence, the portion where the children have access must be separate from the family living quarters, or that portion where the children have access must be used exclusively for their care during the hours that the child day care center is operated;

3. “Family day care” is a day care home, licensed by the state, located in the family abode of the person or persons under whose direct care and supervision the child is placed, for the care of 12 or fewer children, including children who reside at the home. A family child care home does not include baby-sitting services of a casual, nonrecurring nature or in the child’s own home. A family day care home is further not intended to include cooperative child care by a group of parents in their respective homes. No more than a total of 12 children (including those children under the age of 12 living in the home) shall be present in the home at any one time during the hours of operation of a family child care home.

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

“Deck” means a roofless, outdoors above-ground platform projecting from the wall of a building and supported by piers or columns.

“Dedication” means the deliberate appropriation of land by its owner for any general and public use, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public use to which the property has been devoted.

“Density” means the number of dwelling units permitted per gross acre of land.

“Developed area” means an area of land on which improvements have been made.

“Directional sign” means a sign designed to guide or direct pedestrian or vehicular traffic to an area, place or structure.

“Domesticated animals” means those domestic beasts such as any dog or cat (not running at large), rabbit, horse, mule, donkey, bovine animal, lamb, goat, sheep, hog or other animal including fowl made to be domestic.

“Drive-through facilities” means retail sales or service establishments providing the capability to serve customers who remain within their vehicles.

“Dwelling, multiple-family” means one or more building(s) containing two or more dwelling units designed to house two or more families living independently of each other, except for single-family attached dwelling units as defined.

“Dwelling, single-family attached” means a dwelling unit for not more than one family that shares a common wall, roof or floor with one other single-family dwelling unit.

“Dwelling, single-family unattached” means a dwelling unit for not more than one family that does not have any wall, roof, or floor in common with any other dwelling unit.

“Dwelling unit” means one or more rooms in a dwelling, designed, occupied or intended for occupancy as separate living quarters, with an individual entrance, cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of one family maintaining a household.

“Dwelling unit, as secondary use” means an on-site dwelling to be allowed in R-2, R-3, C-1, C-2, or I-1 zoned areas for use by the owner, manager, security personnel, or representative. This unit is permitted only after the City’s Technical Review Committee has established specific standards. These performance standards will make the use more compatible with other permitted uses in the same vicinity and zone. The resident, in locating in an area with potentially incompatible characteristics, leaves the City free of liability. (Ord. C-675 § 37, 2008)

17.04.050 E definitions.

“Electronic readerboard” means a sign on which differing copy is shown through an electronic or electrically controlled device, which may also display time, temperature, or other messages.

“Employee” means an individual who has entered into or works under a contract of employment, volunteer or otherwise. All commercial and industrial entities are considered to have at least one employee.

“Enclosed” means to surround, fence off or hold in for individual use (for example, an enclosed porch).

“Entrance” means the side of the building that will be considered the main entrance.

“Essential public facilities” are defined in RCW 36.70A.200 as those facilities typically difficult to site such as airports, state educational facilities and state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities and inpatient facilities including substance abuse facilities, mental health facilities and group homes.

“Ethanol” means a high octane, liquid, domestic and renewable fuel, produced by the fermentation of plant sugars.

“Evergreen” means a plant that retains foliage and remains green year-round.

“Extended stay hotel/motel” means an establishment where guests stay longer than a week. (Ord. C-675 § 38, 2008)

17.04.060 F definitions.

“FAA” means the Federal Aviation Administration.

“Family” means an individual or two or more persons related by blood, marriage, legal adoption or guardianship or a group of not more than five unrelated persons, living together as a single nonprofit housekeeping unit in a dwelling unit.

“FCC” means the Federal Communications Commission.

“Fence” means any artificial barrier erected, constructed or placed on a lot, including masonry walls and ornamental construction. Fence materials may include wire, board, metal, wood picket, wood rail, masonry, stone, block, concrete or other materials.

“Fifty percent rule” means developments involving additions or alterations to existing structures in which the cost of the additions or alterations exceeds 50 percent of the value of the existing structures or improvements shall be subject to landscaping requirements, unless they are situated to preclude landscaping requirements and, if so, may be waived by the Planning Department.

“Flashing sign” means an electric sign or portion thereof which changes light intensity in a transitory burst or which switches on and off in a constant or irregular pattern. Flashing signs do not include an electric sign in which the flashing portion of the sign displays only the current time, temperature, or date.

“Front setback” means the point where the property that abuts the public right-of-way begins and extends into the interior of the lot 25 feet. (Ord. C-675 § 39, 2008)

17.04.070 G definitions.

“Garage, private” means an accessory building or portion of the principal building located on the same site as the principal building designed and used primarily for the shelter or storage of vehicles owned or operated by the occupants of the principal building.

“Government, administration or maintenance office” means a government-owned or -operated facility generally designed to serve the local area including fire stations, police stations and court facilities (but not jails or correctional institutions), storm water detention facilities, libraries, transit stations, park and ride lots, water storage facilities and parks, trails and playgrounds.

“Grade” means the average elevation of the finished ground level at the center of all exterior walls of a building. “Preliminary grade” means the average elevation of the ground level before construction of any buildings. In case of any wall that is parallel to and within five feet of a lot line, elevation at the lot line adjacent to the center of the wall shall be considered the finished ground level. In the case of any sign, grade shall be measured or determined at the sign support structure.

“Greenbelt” means an open area that may be cultivated or maintained in a natural state surrounding development or used as a buffer between land uses or to mark the edge of an urban or developed area.

“Ground cover” means plants normally reaching an average maximum height of not more than 24 inches at maturity. (Ord. C-675 § 40, 2008)

17.04.080 H definitions.

“Home industry” means an occupation, profession, or craft, excluding an adult bookstore or adult entertainment establishment, in association with a primary residence, which is of such intensity or broad scope of operation that public hearing review, under the conditional use permit process, is necessary. By character and definition, a home industry is different than a home profession or general commercial, industrial, or business uses.

“Home profession” means a profession or craft, excluding an adult bookstore or adult entertainment establishment, carried on within a residence by the occupants, which activity is clearly incidental to the use of said residence as a dwelling and does not change the residential character of the dwelling or neighborhood, and is conducted in such a manner as to not give any outward appearance of a business in the ordinary meaning of the term. An activity which does not comply with the following criteria shall not be deemed a home profession:

1. There shall be no exterior alteration to the dwelling that changes the residential appearance or character thereof;

2. The use, including all storage space, shall not occupy more than 49 percent of the residence’s livable floor area. No home profession shall occupy a detached accessory building. All storage areas shall be enclosed within the residence;

3. Only members of the family who reside on the premises shall be engaged in the home profession;

4. Signage standards shall be provided in accordance with the requirements of Chapter 17.23 AHMC;

5. There shall be no window display nor shall sample commodities be displayed outside the building, except that horticultural and floricultural products grown on the premises may be so displayed;

6. There shall be no stock stored nor commodity kept for sale on the premises which is not necessary to the profession or craft;

7. All material or mechanical equipment shall be used in a manner as to be in compliance with Chapter 173-60 WAC regarding noise;

8. Traffic generated, which exceeds the following standards, shall be prima facie evidence that the activity is a primary business and not a home profession:

a. The parking of more than two customer vehicles at any one time;

b. The use of loading docks or other mechanical loading devices;

c. Deliveries of materials or products at such intervals so as to create a nuisance to the neighborhood;

9. The hours of operation for a home profession shall be limited from 7:00 a.m. to 10:00 p.m. The applicant shall specify on the home profession permit the hours of operation;

10. A home profession permit shall be issued by the Planning Department per fee established by City Council resolution.

“Hotel/motel” means one or more attached or detached building(s) designed or used for the transient rental of six or more units for sleeping purposes. A central kitchen, dining room and accessory shops and services catering to the general public may be provided. It is also commonly referred to as a motel, motor lodge, tourist home, or similar designation. Not included are institutions housing persons under legal restraint or requiring medical attention or care. (Ord. C-675 § 41, 2008)

17.04.090 I definitions.

“Impound, storage, tow yard” means a lot used for the temporary storage of vehicles which have been towed by a towing company or for impound vehicles, but which does not include permanent vehicle storage or the dismantling of vehicles.

“Incidental sign” means a small nonelectric information sign four square feet or less in area which pertains to goods, products, services or facilities which are available on the premises where the sign exists and intended primarily for the convenience of the public while on the premises. The sign is incidental and accessory to the primary advertising for the business (for example, ATM signs, logos, etc.). (Ord. C-675 § 42, 2008)

17.04.100 J definitions.

“Junk” means all articles such as old appliances and furniture, parts thereof, boxes, cardboard, paper, glass, old wood, tires, mattresses or other bedding, growing or severed hay, grass, straw or weeds, litter or combustible or flammable waste or rubbish, building materials and similar articles and materials, crates, packing cases, scrap iron, wire, tin, ashes, bric-a-brac, broken glass, broken plaster and all such trash or abandoned materials or anything whatsoever in which flies or rats may breed (unless they are kept in receptacles as required by ordinance). This also includes all trash and debris other than which has been collected to await arrival of the City’s garbage collector. As used in this title, “junk” refers only to materials left outside of any building and does not apply to materials stored inside a lawfully constructed building so long as such building is wholly enclosed except for doors for ingress and egress.

“Junkyard” means a place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including automobile wrecking yards, house wrecking yards, and places or yards for storage of salvaged materials and equipment. A junkyard shall not be construed to include such uses when conducted entirely within an enclosed building, nor pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment or used cars in operable condition, or the processing of used, discarded or salvaged materials as a minor part of manufacturing operations. (Ord. C-675 § 43, 2008)

17.04.110 K definitions.

“Kennel” means the domicile of a person or persons who own or breed five or more dogs and/or cats but fewer than nine dogs or cats or both over six months of age, primarily for personal recreational use, such as participation in recognized conformation shows, field or obedience trials, racing, scenting, pulling, specialized hunting or working trials, water trials, search and rescue, tracking, and for the purpose of improving the physical soundness, temperament, and conformation of a given breed to a standard. (Ord. C-675 § 44, 2008)

17.04.120 L definitions.

“Landscape planting strip” means required landscaping buffer as specified in AHMC 17.22.060. All required landscaping shall be located on the applicant’s property outside of public rights-of-way.

“Landscaping” means any combination of living plants (such as grass, ground cover, shrubs, hedges, or trees) and nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences or decorative paving materials).

Livestock. See “Domesticated animals.”

“Lot” means a platted or unplatted parcel of land, segregated and/or separated from other parcels of land, and being in compliance with state and local platting laws.

1. “Corner lot” means a lot situated at the intersection of two or more streets, the street frontage of which lot forms an angle not greater than 128 degrees, and not less than 45 degrees.

2. “Flag lot” means a lot in which only a narrow portion fronts on a road and where access to the road is across the narrow portion.

3. “Interior lot” means a lot fronting on a single street.

4. “Through lot” means a lot having frontage on two more or less parallel streets.

5. “Buildable lot” means a lot created in compliance with state and local platting and zoning laws or applicable state or local requirements for use as a building site, or a legal nonconforming lot as defined.

6. “Front lot line” means the property line along the street of an interior lot, or the property line along either street of a corner or through lot, as selected by the applicant, before construction upon the site.

7. “Rear lot line” means the line opposite to the front lot line.

8. “Side lot line” means any lot line which is not a front lot line or a rear lot line.

9. “Lot area” means the total horizontal area within property lines.

10. “Lot depth” means the horizontal length of a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.

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

12. “Lot width” means the horizontal distance between the side lot lines measured at right angles to the line comprising the depth of the lot at a point midway between the front and rear lot line. (Ord. C-675 § 45, 2008)

17.04.130 M definitions.

“Manufactured (mobile) home” means a factory-built structure, transportable in one or more sections as a complete living area, which contains a permanent frame or chassis. The unit may or may not be installed on a permanent foundation. This definition does not include “modular (prefabricated) homes.”

“Manufactured (mobile) home park” means a tract of land five acres or more in size, legally divided into rental spaces in accordance with this chapter, under common ownership or management for the purpose of locating two or more manufactured (mobile) homes.

“Mixed-use development” means the development of a tract of land, building(s), or structure(s) with residential and commercial uses in a compact urban form. Mixed-use areas are designed to be pedestrian friendly and are intended to reduce dependency on the automobile and create a sense of place. Mixed-use developments are also referred to as mixed-use in-fill developments, mixed-use centers, mixed-use urban villages, mixed-use neighborhood centers, and mixed-use community centers.

“Mobile support tower” shall mean a tower used as a cellular communication facility designed to be portable or mobile in nature and design; a cellular communications facility not intended for long-term or permanent placement.

“Modular/prefabricated home” means a modular or prefabricated home constructed after June 15, 1976, in accordance with state and federal Department of Housing and Urban Development (HUD) requirements, which:

1. Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long, designed to be moved on a one-time basis and placed on a permanent footing and foundation;

2. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built currently adopted International Residential Code single-family residences, and is installed on a permanent concrete, cinder block and mortar, stucco-coated, pressure-treated wood, or other approved foundation material, or as approved by the City Building Official;

3. The roof shape and composition shall be similar to the conventional single-family stick-built residential structure and have at least a 3:12 pitch with overhang;

4. Shall meet currently adopted International Building, Fire, and Mechanical Codes, Uniform Plumbing Code and Washington State Energy Code;

5. This definition does not include “manufactured (mobile) homes.”

“Monument sign” means a freestanding permanent sign which is of solid construction affixed in or upon the ground, usually of masonry, concrete, or wood and located in a maintained landscaped area. Sign area shall include only that portion containing letters, graphics, or other copy which advertises a business, product, service, or location.

“Multiple business sites” means any parcel, lot, or site which contains three or more businesses owned and/or operated by separate entities. (Ord. C-675 § 46, 2008)

17.04.140 N definitions.

“Nonconforming use” means a land use or structure that was lawfully established but that does not conform to the present requirements of this code.

“Nude” or “nudity” means:

1. Less than completely and opaquely covered or in such attire, costume, or clothing as to expose to view male genitals, female genitals, pubic region, buttocks, anus, or any portion of the female breast below a point immediately above the top of the areola;

2. Wearing any device or covering exposed to view which simulates the appearance of male genitals, female genitals, pubic region, buttocks, anus, or any portion of the female breast below a point immediately above the top of the areola.

“Nuisance” means a use of property or course of conduct that interferes with the legal rights of others by causing damage, annoyance, or inconvenience. (Ord. C-675 § 47, 2008)

17.04.150 O definitions.

“Office” means business uses that provide administrative, contractor, professional or customer services to individuals, business establishments, institutions and governmental agencies, not including retail sales, except as ancillary to the primary office use.

“Off-premises sign” means a visual communication device, structure or fixture which is visible from any right-of-way and is intended to aid in promoting the sale of products, goods, services, or events not available on the premises on which the sign is located that relate to a business on a separate lot.

“Off-street parking space” means any space not on a highway or street, where one passenger vehicle or a three-quarter-ton truck may park, having a minimum width of nine feet and length of 21 feet.

“On-premises sign” means a sign that advertises a lawful use of the premises on which it is located, including signs indicating the business transacted, services rendered, or goods sold or produced on the premises, name of the business, and/or name of the person, firm or corporation occupying the premises.

“Open space” means an area of land that is substantially free of structures, impervious surfaces and other land-altering activities.

“Outdoor storage/display” means exterior storage or display of materials, vehicles or equipment.

“Overlay zone” means a mapped area that has special requirements in addition to or different than those of the underlying zone. Development within such an area must conform to the requirements of both zones and, in the event of inconsistencies, the most restrictive requirements shall control. (Ord. C-675 § 48, 2008)

17.04.160 P definitions.

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

“Parks” means any public or private land available for recreational, educational or aesthetic use.

“Performance standards” means a set of criteria or limits relating to certain characteristics that a particular use or process may not exceed. The standards usually cover noise, vibration, glare, heat, air or water contaminants, and traffic. It is a more precise way of defining compatibility. The performance standards approach is based on the technical ability to identify activities numerically and to measure them to see if they meet ordinance requirements.

“Phased development” means a development that is physically built in stages, on a single parcel, over a set period of time.

“Planned unit development (PUD)” means a land development project planned comprehensively as an entity through a design process prescribed by ordinance which permits some flexibility in the regulations of the underlying zone as defined in Chapter 17.17 AHMC.

“Pole sign” means a sign supported by poles or braces and not attached to any building.

“Porch” means a structure attached to the exterior of a building, often forming a covered entrance.

“Projecting sign” means a sign, other than a wall sign, which is supported by a wall of a building or structure and projects out away from the building or structure.

“Public facilities” are defined in RCW 36.70A.030(12) as streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities and schools. The term “public facilities” as used in this title shall mean any use, activity or facility which is owned and operated by the City of Airway Heights, the Cheney School District, Spokane County or any incorporated city within Spokane County and the state of Washington, including any office of the state of Washington. (Ord. C-675 § 49, 2008)

17.04.170 Q definitions.

Reserved. (Ord. C-675 § 50, 2008)

17.04.180 R definitions.

“Rear setback” means the setback starts at the rear property line and extends into the lot a minimum of 10 feet.

“Reception window obstruction” shall mean a physical barrier which would block an electromagnetic signal.

“Recreational vehicle (RV)” means a vehicular-type portable structure without permanent foundation, not more than 35 feet in length and eight feet in width, primarily designed as temporary living quarters for recreational, camping, or travel use, with or without motor power. This includes, but is not limited to, travel trailer, truck campers, camping trailers, and self-propelled homes. Recreational vehicles are prohibited from use as a dwelling unit in all zoning districts. A recreational vehicle (RV) is not a manufactured home. Exception: an RV-type vehicle commonly known as a “park model,” which has no holding tank (is not self-contained) and may be used as a permanent residential home, shall not be considered a recreational vehicle.

“Recreational vehicle (RV) park” means an area where facilities are provided for recreational or camping vehicles or travel trailers, tents, or other portable habitation, used by the public as a place for camping, vacationing, or temporary usage, which are in place for not more than 30 days. The park may include certain recreational or service facilities for the use of the residents of the park. Recreational or camping vehicle parks shall comply with all applicable state and county regulations.

“Restaurant, full-service” means a public eating place that is used, maintained, advertised and held out to the public as a place that has a full dinner and/or lunch menu serving full-course meals, daily prepared in its own kitchen, that are typically served at a table or counter. Food prepared to go or for take-out is allowed as an accessory use as long as the same menu and kitchen is used for the full-service restaurant. This definition excludes fast food, drive-in type restaurants which have characteristics including but not limited to a drive-through window, counter-only service and no waiters or waitresses. A full-service restaurant may serve alcoholic beverages that are incidental and complementary to the serving of the food. A full-service restaurant may have a separate lounge where the primary function is the sale, serving and consumption of alcoholic beverages. However, the size of the lounge cannot exceed 30 percent of the gross floor area of the restaurant and lounge combined. Any eating place that serves alcoholic beverages and does not meet the requirements of this definition will be considered a tavern.

“Retail” means an establishment primarily engaged in the sale or rental of goods or merchandise to the general public for personal or household consumption, and primarily rendering services incidental to the sale of such goods. Establishments with a portion of their sales going to other businesses or contractors, such as office supply stores, butcher shops, paint stores, hardware stores and similar shall also be considered general retail.

“Retailer” means any entity, person, or company that sells or rents retail merchandise.

“Retail merchandise” means all items for sale or rent, either produced on site or not, by an on-site retailer. (Ord. C-675 § 51, 2008)

17.04.190 S definitions.

“Sales, retail” means sale to the consumer for direct consumption and generally not for resale.

“Sales, wholesale” means sale for resale and generally not to the consumer for direct consumption.

“Sanatorium” means an establishment for the treatment of the chronically ill, one for rest and recuperation (as of convalescents) and one that provides therapy combined with a regimen (as of diet and exercise) for treatment or rehabilitation.

“Satellite dish, large” shall mean any satellite dish antenna(s) whose diameter is greater than one meter in residential zones or two meters in industrial or commercial zones.

“Satellite dish, small” shall mean any satellite dish antenna(s) whose diameter is less than or equal to two meters within mining, industrial, and commercial zones or one meter in a residential zone.

“School” means an institution primarily engaged in academic instruction for all or part of kindergarten through 12th grades.

“School, specialty” means any public or privately operated school having specialty training and not offering a general curriculum.

“Screen” means a method for reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious elements, such as plants, berms, fences, walls, or any appropriate combination thereof.

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

“Setback, side and rear” means the minimum horizontal distance measured from the side or rear lot line to the nearest wall of the structure.

“Shipping container” means a unit originally or specifically used or designed to store goods or merchandise during shipping or hauling by land, sea, or air transportation.

“Shrubs, large” means woody plants usually six to 15 feet high. Large shrubs may be known for flower, fruit production or a branching pattern but usually have good, full foliage either all season long or at least in the deciduous growing season.

“Shrubs, medium” means woody plants usually three to six feet high. Large shrubs may be known for flower, fruit production or branching pattern but usually have good full foliage either all season long or at least in the deciduous growing season.

“Sight-obscuring, nonpierced fence” means a masonry wall or a chain-woven fence with wooden or aluminum slats inserted in the weave that may be installed on the property line. Chain-link woven fences without slats must be installed five feet inside of the property line with a Type II visual screen between the fence and the property line.

“Sign” means any structure, or part thereof, or any device attached, painted or represented on a structure which displays or includes any letter, model, banner, flag, insignia, device or representation used as, or which is in the nature of, an announcement, direction or advertisement. As used in this title, a sign does not include directional, warning or information structures required by or authorized by law or by federal, state, county or City authority.

“Sign area” means the entire area of a sign on which copy is to be placed. The structure supporting the sign is not included in determining the area of the sign, unless the structure is designed in a way to form an integral background for the display. Sign area shall be calculated by measuring the perimeter enclosing the extreme limits of the module or background containing the advertising message, copy, graphic symbol, or nonstructural trim.

“Site plan” means a scale drawing showing the actual dimensions and shape of a site to be built upon, the size and location of existing buildings on the site to the nearest foot, and the location and dimensions of the proposed building(s), structure(s), or alteration(s).

“Skirting” means a fire-resistant material not adversely affected by the elements, which is securely anchored by an approved method to a manufactured home and covers the entire space except the space required for access to the crawl space (see Chapter 296-150B WAC) between the bottom-most point of the permanent exterior wall of the manufactured home and the surrounding grade level.

“Specified sexual activities” means:

1. The caressing, touching, fondling, or other intentional or erotic touching of male genitals, female genitals, pubic region, buttocks, anus, or female breast of oneself or of one person by another; or

2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, flagellation, sodomy, bestiality, or any sexual acts which are prohibited by law; or

3. Masturbation, actual or simulated; or

4. Human genitals in a state of sexual stimulation, arousal, or tumescence or visual state of sexual stimulation, arousal, or tumescence, even if completely or opaquely covered; or

5. Excretory functions as part of or in connection with any of the activities described above.

“Storage, indoor” means the keeping, in a completely enclosed building (four walls and a roof that obscures completely from sight items stored within), of any goods, vehicles, merchandise, or materials, as a primary use, in the same place for more than 24 hours.

“Storage, outdoor” means the keeping, covered or uncovered in the open, or enclosed, but unroofed, goods, vehicles, merchandise, or materials in the same place for more than 24 hours.

“Storage, personal” means the storage of items of a personal nature in an enclosed building. If personal storage is the primary use on site and it is located in any zone other than residential, the building must follow all of the standards for a commercial or industrial use.

“Storage, self facility” means an establishment containing separate storage spaces of varying sizes that are leased or rented as individual units and used directly by the renters. Each facility is considered to have at least one employee.

“Storage yard” means a yard in which materials, equipment and vehicles used for construction, excavating or building activities are stored, kept and maintained. Storage yards may be partially covered, enclosed or screened.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of any floor above; or any portion of a building between the topmost floor and the roof having a usable floor area equal to at least 50 percent of the usable floor area of the floor immediately below it. A top floor area under a sloping roof with less floor area is a half story. The first story shall be considered the lowest story of which the ceiling is more than six feet above the average contact ground level at the exterior walls of the building. For the purposes of determining side setbacks in zoning designations C-1, C-2, I-1, and I-2, buildings consisting of one floor and between 20 and 29 feet in total height above grade, as measured at any given point, shall be considered to be two stories. Buildings consisting of one floor that are over 29 feet in total height above grade, as measured at any given point, shall be considered to be three stories.

“Structure” means any object constructed or erected which requires location on or in the ground or is attached to something having a location on the ground (including towers, smokestacks, overhead transmission lines, captive balloons, etc.) but not including fences, retaining walls, signs or walls used as fences less than six feet in height. Excluded from this definition are accessory storage structures for the sole purpose of the owner or occupant less than 120 square feet in an area not specifically permitted or prohibited by this title.

“Studio” means an establishment where art or dance (e.g., gymnastics, martial arts, etc.) is studied or taught.

“Subdivision” means the division or redivision of land for the purpose of sale, lease or transfer of ownership. (Ord. C-675 § 52, 2008)

17.04.200 T definitions.

“Tavern” means an establishment licensed for the sale and consumption of alcoholic drink for use by people 21 years of age or older.

“Tower” shall mean any built structure, including any guy wires and anchors, constructed for the support of antennas that would raise the topmost point of the attached antennas more than 25 feet above the surrounding ground or building. This includes, but is not limited to, lattice towers, guy towers, wood or steel monopoles, and attached antennas. (Ord. C-675 § 53, 2008)

17.04.210 U definitions.

“Underlying zone” means, in an overlay zoning application, the established zoning use district for an area for which an overlay development is proposed.

“Undue brightness” is illumination in excess of that which is reasonably necessary to make the sign reasonably visible to the average person on an adjacent street.

“Use” means the activity or purpose for which land or structures or combinations of land and structures are designed, arranged, occupied, or maintained together with any associated site improvements. This definition includes the construction, erection, placement, movement or demolition of any structure or site improvement, and any physical alteration to land itself including removal of vegetation, grading, leveling, paving or excavation. “Use” also means any existing or proposed configuration of land, structures, and site improvements, and the use thereof. (Ord. C-675 § 54, 2008)

17.04.220 V definitions.

“Variance” means the means by which an adjustment may be made in the application of the specific regulations of this code to a particular piece of property, which property, because of special circumstances, is deprived of privileges commonly enjoyed by other properties in the vicinity and similar zone classification and which adjustment remedies the difference in privileges; provided, that a variance granted shall not authorize a use otherwise prohibited in the zone classification in which the property is located. (Ord. C-675 § 55, 2008)

17.04.230 W definitions.

“Wall sign” means any sign attached to or painted directly on, or erected against the wall of, a structure being parallel or approximately parallel to the plane of said wall, and which does not project more than 12 inches from the face of the building or structure.

“Wireless telecommunications facility” shall mean any unstaffed facility for the transmission and reception of radio or microwave signals used for commercial communication. A wireless telecommunications facility provides services which include cellular telephone; personal communication services (PCS), other mobile radio services, and any other service provided by wireless common carriers licensed by the Federal Communications Commission (FCC). A wireless telecommunication facility may be attached to an existing structure or a freestanding tower. A wireless telecommunications facility consists of antenna(s) and related equipment and may include an equipment enclosure, screening, or a support structure. (Ord. C-675 § 56, 2008)

17.04.240 X definitions.

“Xeriscaping or native plant materials” means landscaping in ways that do not require supplemental irrigation. It is promoted in areas that do not have easily accessible supplies of fresh water. Plants whose natural requirements are appropriate to the local climate are emphasized and care is taken to avoid losing water to evaporation and runoff. (Ord. C-675 § 57, 2008)

17.04.250 Y definitions.

Reserved. (Ord. C-675 § 58, 2008)

17.04.260 Z definitions.

Reserved. (Ord. C-675 § 59, 2008)