Chapter 18.04
DEFINITIONS*

Sections:

18.04.005    Generally.

18.04.010    “A”.

18.04.020    “B”.

18.04.030    “C”.

18.04.040    “D”.

18.04.050    “E”.

18.04.060    “F”.

18.04.070    “G”.

18.04.080    “H”.

18.04.090    “I”.

18.04.100    “J”.

18.04.110    “K”.

18.04.120    “L”.

18.04.130    “M”.

18.04.140    “N”.

18.04.150    “O”.

18.04.160    “P”.

18.04.170    “Q”.

18.04.180    “R”.

18.04.190    “S”.

18.04.200    “T”.

18.04.210    “U”.

18.04.220    “V”.

18.04.230    “W”.

18.04.240    “X”.

18.04.250    “Y”.

18.04.260    “Z”.

*    Prior legislation: Ords. 515, 515B and 734.
At the direction of the city in August, 1998, this chapter was renumbered to accommodate amendments and expansion.

18.04.005 Generally.

For the purpose of this zoning code, certain words and terms used in this title are defined as set out in this chapter. (Ord. 747 § 1, 1997; Ord. 740 § 2, 1997).

18.04.010 “A”.

“Abandonment” means to:

A. Cease operation for a period of 60 or more consecutive days;

B. Reduce the effective radiated power of an antenna by 75 percent for 60 or more consecutive days;

C. Relocate an antenna at a point less than 80 percent of the height of an antenna support structure; or

D. Reduce the number of transmissions from an antenna by 75 percent for 60 or more consecutive days.

“Accessory building” is a building secondary to the primary building on the premises upon the lot and not attached thereto.

“Accessory dwelling unit” is a second dwelling unit either in or added to an existing single-family detached dwelling, or in a separate structure on the same lot as the primary dwelling for use as a complete, independent living facility with provision within the accessory unit for cooking, eating, sanitation, sleeping and entry separate from that of the main dwelling. Such a dwelling is an accessory use to the main dwelling. Accessory units are also commonly known as “mother-in-law” units or “carriage houses.”

“Adult arcade” means a commercial establishment containing individual viewing areas or booths, where, for any form of consideration, including a membership fee, one or more still or motion picture projectors, slide projectors, or other similar image-producing machines are used to show films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

“Adult cabaret” means a nightclub, bar, restaurant, tavern, or other similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment.

“Adult entertainment” means:

A. Any exhibition, performance or dance conducted in an adult entertainment facility where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or

B. Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in an adult entertainment facility where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.

“Adult entertainment facility” means a commercial establishment defined as an adult arcade, adult cabaret, adult motel, adult motion picture theater, adult retail store, or other adult entertainment facility.

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

“Adult family home” is a regular family abode of a person or persons providing 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, which is licensed pursuant to Chapter 70.128 RCW.

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

A. Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas, and that has a sign visible from the public right-of-way that advertises the availability of this type of sexually oriented materials; or

B. Offers a sleeping room for rent for a rental fee period of time that is less than 10 hours; or

C. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 12 hours.

“Adult motion picture theater” means a commercial establishment where, for any form of consideration, motion pictures, films, video cassettes, slides, or other similar visual representations are regularly shown that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

“Adult retail store” means a commercial establishment such as a bookstore, video store, or novelty shop which as one of its principal business purposes offers for sale or rent, for any form of consideration, any one or more of the following:

A. Books, magazines, periodicals or other printed materials, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or

B. Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.

“Alternative tower structure” means a manmade tree, clock tower, bell steeple, light pole and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

“Antenna” means any existing poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio or electromagnetic frequency signals, including:

A. “Directional antenna” (also known as “panel” antenna) means an antenna which transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees.

B. “Omni-directional antenna” (also known as a “whip” antenna) means an antenna which transmits and receives radio frequency signals in a 360-degree radial pattern. Does not include antenna utilized specifically for television reception.

C. “Parabolic antenna” (also known as a “dish” antenna) means an antenna which is a bowl-shaped device for the reception and/or transmission of radio frequency communication signals in a specific directional pattern.

D. “Stealth antenna” means an antenna installed inside a non-antenna structure, or camouflaged to appear as a non-antenna structure.

“Antenna height” means the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure even if said highest point is an antenna. Measurement of tower height shall include antenna, base pad, and other appurtenances and shall be measured from the finished grade of the parcel. 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.

“Applicant” means any provider or any person, partnership, or company who files an application for any permit necessary to install, maintain, relocate or remove a personal wireless communication facility within the city.

“Attached wireless communication facility” means a wireless communication facility that is affixed to an existing structure and is not considered simply a component of an attached wireless communications facility. (Ord. 1568 § 2, 2017; Ord. 1533 § 5, 2016; Ord. 988 § 2, 2003; Ord. 747 § 1, 1997; Ord. 746 § 19, 1997; Ord. 740 § 2, 1997).

18.04.020 “B”.

“Base station” means and refers to the structure or equipment at a fixed location that enables wireless communications licensed or authorized by the FCC, between user equipment and a communications network. The term does not encompass a tower as defined in this chapter or any equipment associated with a tower.

A. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

B. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

C. The term includes any structure other than a tower that, at the time an eligible facilities modification application is filed with the city under this title, supports or houses equipment described above, and that has been reviewed and approved under the applicable zoning or siting process, or under another state, county or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

“Brewpub” means a restaurant-brewery that has a full food menu and sells at least 50 percent of its beer on the premises. The beer is brewed for sale and consumption in the adjacent restaurant and/or bar. The beer is often dispensed directly from the brewery’s storage tanks.

“Building” means a structure with a foundation, supports or walls and a roof.

“Building height” of a structure with a flat roof shall be measured from the grade plane to the highest roof surface. The “building height” for a sloped roof shall be defined as the average height of the highest roof between the roof eave and the roof ridge to the grade plane, regardless of the shape of the roof. For lots within 200 feet of the shoreline, “building height” shall be determined by using WAC 173-27-030(9).

“Bulk regulation” refers to the relationship of the area of a lot, the setback regulations and the portion of a lot which may be covered by building. (Ord. 1568 § 3, 2017; Ord. 1533 § 6, 2016; Ord. 1364 § 3, 2010; Ord. 1302 § 1, 2009; Ord. 740 § 2, 1997).

18.04.030 “C”.

“Camouflaged” means a personal wireless communication facility that is disguised, hidden, or integrated with an existing structure that is not a monopole or tower, or a personal wireless service facility that is placed within an existing or proposed structure or new structure, tower, or mounted within trees so as to be significantly screened from view or camouflaged to appear as an alternative tower structure (i.e., manmade tree, flagpole with flag, bell steeple, clock tower, light pole, or other similar alternative design structures).

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

“City” means and refers to the city of Bonney Lake.

“City center view corridor” means an area defined by the boundaries of the city center and the view corridor for Mt. Rainier along SR 410 from approximately 500 feet northwest of the intersection with Sumner/Buckley Highway (Bonney Lake Main Street to the dip in SR 410 just west of Angeline Road undercrossing (the point where Mt. Rainier disappears from view)).

“Clear view triangle” means a clear view maintained within a triangular space to prevent obstructing the view of travelers upon the streets as measured below:

A. A right isosceles triangle having sides of 30 feet measured along the curb line or edge of the pavement if no curb line exists on either or both street(s); or

B. A right isosceles triangle having sides of 10 feet measured along the front lot line and the driveway.

“Co-location” means the use of a personal wireless communication facility or cell site by more than one personal wireless service provider.

“Conceal” or “concealment” means and refers to eligible support structures and transmission facilities designed to look like some feature other than a wireless tower or base station.

“Conditional use” means a use permitted in one or more classifications as defined by this title but which use, because of characteristics peculiar to it, or because of size, technological processes, or type of equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demand upon public facilities, requires 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, and to assure that such use shall not be harmful to the public interest.

“Conditional use permit” or “CUP” means the documented evidence of authority granted by the hearing examiner to locate a conditional use at a particular location.

“Condominium” means a multiple-family dwelling and its accessory uses and grounds in which each dwelling unit is individually owned, and all or any part of the dwelling structure, accessory uses and grounds are owned cooperatively by the owners of said dwelling units, and maintenance functions are performed by required subscriptions from said owners.

“COW” means “cell on wheels.” (Ord. 1627 § 1, 2019; Ord. 1568 § 4, 2017; Ord. 1533 § 7, 2016; Ord. 1502 § 1, 2015; Ord. 1442 § 2, 2012; Ord. 746 § 19, 1997; Ord. 740 § 2, 1997).

18.04.040 “D”.

“Department” means the public services department.

“Design” means the appearance of personal wireless communication facilities, including such wireless communications facility features as their materials, colors, and shapes.

“Design centerline” shall be the center of the street right-of-way. However, if land for streets has been dedicated unevenly, the design centerline shall be the line on which both properties met before any dedication occurred.

“Director” means the director of the public services department or duly appointed designee.

“Dwelling unit” means one or more rooms designed or occupied by one family for living or sleeping purposes, and containing kitchen and bath facilities for use solely by one family. A bachelor apartment constitutes a dwelling unit within the meaning of this zoning code. (Ord. 1568 § 5, 2017; Ord. 1533 § 8, 2016; Ord. 746 § 19, 1997; Ord. 740 § 2, 1997).

18.04.050 “E”.

“EIA” means the Electronics Industry Association.

“Enlargement or extension” is:

A. An addition to the floor area of an existing building, or an increase in the size of any other structure.

B. An increase in that portion of a tract of land occupied by an existing use.

C. To “enlarge” is to make an enlargement.

D. An “extension” is an increase in the amount of existing area used for an existing use.

E. To “extend” is to make an extension.

“Equipment shelter or enclosure” means a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communications signals. Associated equipment may include air conditioning, backup power supplies and emergency generators.

“Essential public facilities” means those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, regional transit authority facilities as defined in RCW 81.112.020, 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 as defined in RCW 71.09.020.

“Expressive dance” means any dance which, when considered in the context of the entire performance, constitutes an expression of art, theme, story or ideas, but excluding any dance such as, but not limited to, common barroom type topless dancing which, when considered in the context of the entire performance, is presented primarily as a means of displaying nudity as a sales device or for other commercial exploitation without substantial expression of theme, story or ideas, and the conduct appeals to the prurient interest, depicts sexual conduct in a patently offensive way and lacks serious literary, artistic, political or scientific value. (Ord. 1520 § 2, 2015; Ord. 746 § 19, 1997; Ord. 740 § 2, 1997).

18.04.060 “F”.

“FAA” means the Federal Aviation Administration.

“Family” is one or more individuals sharing a common household.

“Family day care home” means:

A. A person regularly providing care during part of the 24-hour day to six or fewer children in the family abode of the person or persons under whose direction the children are placed.

B. In addition to the regulations set forth in this chapter, day care centers/family day care homes shall be state-licensed and conform to all federal and state regulations applicable.

“FCC” means the Federal Communications Commission or its successor.

“FCC Eligible Facilities Request Rules” shall mean and refer to 47 C.F.R. Part 1 (Part 1 – Practice and Procedure), Subpart CC Section 1.40001 as established pursuant to its Report and Order in, In re Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies, WT Docket Nos. 13-238, 13-32; WC Docket No. 11-59; FCC 14-153, or as may be thereafter amended.

“Floor area” is the sum of the gross floor areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerlines or walls separating two buildings, whichever is applicable.

“Floor area ratio” is the ratio of the total floor area of a building on a lot, divided by the lot area of that lot. (Ord. 1533 § 9, 2016; Ord. 746 § 19, 1997; Ord. 740 § 2, 1997).

18.04.070 “G”.

“Governing authority” means the city council of the city of Bonney Lake.

“Grade” or “grade plane” is a reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the lot line is more than six feet from the building the average finished ground level shall be measured between the building and a point six feet from the building. Lots within 200 feet of the shoreline shall use WAC 173-27-030(3) to determine grade.

“Guyed tower” means a wireless communication support structure which is usually over 100 feet tall, which consists of metal crossed strips or bars and is steadied by wire guys in a radial pattern around the tower. (Ord. 1533 § 10, 2016; Ord. 1302 § 2, 2009; Ord. 746 § 2, 1997).

18.04.080 “H”.

“Hearing examiner” means the duly appointed hearing examiner of the city.

“Hedge” means a boundary or barrier of plant material formed by a row or series of shrubs, bushes or trees that enclose, divide or protect an area or that prevent a person from passing between any combination of individual shrubs, bushes, or trees.

“Home occupation” means an occupation, avocation or profession, carried on entirely within a dwelling by an occupant of such dwelling but as an incidental or minor use, there being no other person employed. (Ord. 1627 § 2, 2019; Ord. 1568 § 6, 2017; Ord. 746 § 19, 1997; Ord. 740 § 2, 1997).

18.04.090 “I”.

“Itinerant vendor” means a mobile or stationary vendor. (Ord. 1568 § 7, 2017; Ord. 740 § 2, 1997).

18.04.100 “J”.

Reserved. (Ord. 740 § 2, 1997).

18.04.110 “K”.

“Kennel” means a building, enclosure or portion of any premises in or at which dogs are kept, maintained or trained by any person other than the owner thereof or in or at which four or more dogs over the age of three months are kept, maintained or trained for periods in excess of 24 hours. (Ord. 740 § 2, 1997).

18.04.120 “L”.

“Land with major improvements” is a tract of land which has a building or structure with a floor area greater than 800 square feet or involves a building, other structure, or other improvements with a total assessed valuation in excess of $1,000 as determined from the Pierce County assessment rolls.

“Land with minor improvements” is a tract of land which:

A. Does not involve any building or other structures; or

B. Involves a building or other structure with a floor area of less than 800 square feet; or

C. Involves any building, other structure, or other improvement located underground or substantially at ground level, with a total assessed valuation of said improvement of less than $1,000 as determined from the Pierce County assessment rolls.

“Livestock” means horses, bovine animals, sheep, goats, swine, reindeer, donkeys and mules.

“Loading berth” is an off-street truck-loading facility constructed as part of a building for truck pickup/delivery.

“Lot” is a lot of record.

“Lot, corner” is a lot bounded on two sides by intersecting streets.

“Lot coverage” is that portion of a lot which is permitted to be covered by a building or any part of a building.

“Lot depth” is the mean distance between the front lot line and rear lot line of a lot. In the event that the lot borders on more than one street, the lot depth shall be the longest distance.

“Lot line” is a boundary of a lot.

“Lot line, front” means any lot line abutting a street.

“Lot line, rear” means the lot line opposite and parallel to the front lot line.

“Lot line, side” means the lot line to which neither a front or rear lot line applies. Four-sided lots abutting two streets shall have two side lot lines and no rear lot line.

“Lot of record” is a single tract of land meeting any one of the criteria listed below:

A. Platted Lots.

1. Any lot whose boundaries were established in a recorded plat or short plat that was not subsequently vacated or altered.

2. Any lot whose boundaries were established in an unrecorded short plat approved by the city or Pierce County between July 3, 1956, and March 19, 1974.

B. Unplatted Lots.

1. Lots created by deed prior to July 3, 1956.

2. Lots created through court order, will and testament, or other process listed as exempt from platting requirements by RCW 58.17.035 or 58.17.040 or through an exemption from platting regulations provided by law at the time of creation of the parcel.

3. Lots that have been recognized through a previous lot determination review as legal lots.

“Lot width” is the horizontal distance between the side lot lines measured at right angles at the point midway between the front lot line and the rear lot line. For lots with no rear lot line, the lot width is the horizontal distance between the longest front lot line and the side lot line opposite said front lot line measured at right angles; midpoint shall be the point midway between the shortest front lot line and the side lot line opposite said front lot line. (Ord. 1627 § 3, 2019; Ord. 1580 § 13, 2017; Ord. 988 § 2, 2003; Ord. 740 § 2, 1997).

18.04.130 “M”.

“Macro facility” is an attached wireless communication facility which consists of antennas equal to or less than 15 feet in height or a parabolic antenna up to one meter (39.37 inches) in diameter and with an area not more than 100 square feet in the aggregate as viewed from any one point.

“Manufactured home” means a structure constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which:

A. Is comprised of at least two fully enclosed parallel sections, each not less than 12 feet wide by 36 feet long;

B. Was originally constructed and now has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch;

C. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences;

D. Is built on a permanent chassis and designed solely for the purpose of human habitation.

“Marijuana” means all parts of the plant Cannabis, whether growing or not, with a THC (tetrahydrocannabinol) concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

“Marijuana concentrates” means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than 60 percent.

“Marijuana cooperative” means the same as described in RCW 69.51A.250 and amendments thereto.

“Marijuana-infused products” means products that contain marijuana or marijuana extracts, are intended for human use, and have a THC concentration greater than 0.3 percent and no greater than 60 percent. The term “marijuana-infused products” does not include either usable marijuana or marijuana concentrates.

“Marijuana processor” means a person, business, or organization licensed by the Washington State Liquor and Cannabis Board to process marijuana into usable marijuana and marijuana-infused products, package and label usable marijuana, marijuana concentrates, and marijuana-infused products for sale in retail outlets, and sell usable marijuana, marijuana concentrates, and marijuana-infused products at wholesale to marijuana retailers.

“Marijuana producer” means a person, business, or organization licensed by the Washington State Liquor and Cannabis Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.

“Marijuana researcher” means a person or entity licensed to produce, process, and possess marijuana for limited research purposes pursuant to RCW 69.50.372.

“Marijuana retailer” means a person, business, or organization licensed by the Washington State Liquor and Cannabis Board to sell usable marijuana, marijuana concentrates, and marijuana-infused products in a retail outlet.

“Microbrewery” means a facility that produces beer and sells it to the public by one or more of the following methods: through the traditional three-tier system (brewer to wholesaler to retailer to consumer); the two-tier system (brewer acting as wholesaler to retailer to consumer); and in some cases, directly to the consumer through carry-outs or on-site taproom sales. Microbreweries shall have a production capacity not to exceed 15,000 U.S. barrels per year.

“Microcell” means a wireless communication facility consisting of an antenna that is either equal to or less than four feet in height and with an area of not more than 580 square inches; or if a tubular antenna, no more than four inches in diameter and no more than six feet in length.

“Mini-day care center” means a person or agency providing care during part of the 24-hour day to 12 or fewer children in a facility other than the family abode of the person or persons under whose direct care the children are placed, or for the care of seven through 12 children in the family abode of such person or persons.

“Mini facility” is an attached wireless communication facility which consists of antennas equal to or less than 10 feet in height or a parabolic antenna up to one meter (39.37 inches) in diameter and with an area not more than 50 square feet in the aggregate as viewed from any one point.

“Mobile home” means a single-family prefabricated residential unit manufactured according to the standards of the statutes of the state and federal government, capable of being moved upon the public roads and highways, so designed and equipped as to be served by a sanitary sewer or septic tank system, supported by leveling jacks or blocks.

“Mobile home park” is a tract of land used or designated for the use of two or more mobile homes.

“Mobile vendor” means a business operator or vendor who conducts business from a vehicle or other conveyance that travels to different locations throughout the day within the city’s right-of-way.

“Modification” means the changing of any portion of a facility such as a wireless communication facility from its description in a previously approved permit. Examples include, but are not limited to, changes in design.

“Modular home” means any structure other than a mobile or manufactured home designed primarily for human occupancy, which is either entirely or substantially prefabricated or assembled at a place other than a building site and which has been approved pursuant to RCW 43.22.455 and bears the insignia of the Washington State Department of Labor and Industries.

“Monopole I” is a wireless communication facility which consists of a support structure, the height of which shall not exceed 60 feet.

“Monopole II” is a wireless communication facility which consists of a wireless communications support structure greater than 60 feet in height erected to support wireless communication antennas and connecting appurtenances. (Ord. 1568 § 8, 2017; Ord. 1547 § 3, 2016; Ord. 1533 § 11, 2016; Ord. 1502 § 2, 2015; Ord. 1364 § 3, 2010; Ord. 746 § 19, 1997; Ord. 740 § 2, 1997).

18.04.140 “N”.

“Net acre” refers to the total acreage within a lot or parcel after wetlands, habitat conservation areas, landslide hazard areas, critical area buffers, floodplains, floodways, panhandle access, streets, stormwater facilities, utility tracts, private streets, and public parks that will exist upon completion of the development are deducted from the lot or parcel. Proposed private open space that is not environmentally constrained shall not be deducted. The intent is to deduct land that is not buildable due to being environmentally constrained or needed for infrastructure or nonresidential land uses.

“Nonconforming building” is any building heretofore lawfully existing at the time of the passage of the ordinance codified in this title which by virtue of the passage of the ordinance codified in this title no longer complies to the standard set forth in this title.

“Nonconforming use” is any lawful use which by virtue of the adoption of this zoning code or any amendment thereto has become contrary to the uses permitted under the terms of this title. (Ord. 1580 § 14, 2017; Ord. 1568 § 9, 2017; Ord. 1099 § 5, 2005; Ord. 740 § 2, 1997).

18.04.150 “O”.

“Open area ratio” of a lot is the number of square feet of open space on the lot, expressed as a ratio of the lot covered by building or structure. (For example, if a particular lot required an “open area ratio” of three, this would mean three square feet of open area would be required for every square foot of ground covered by a building.)

“Open space” is that part of a lot, including courts or yards, which:

A. Is open and unobstructed from its lowest level to the sky; and

B. Is not part of the roof of that portion of a building containing dwelling units or rooming units, except for improvements located entirely under ground level. (Ord. 740 § 2, 1997).

18.04.160 “P”.

“Panhandle access” means a strip of land having a width narrower than the required minimum lot width designed for the purpose of providing access from the road to the buildable portion of a panhandle lot.

“Panhandle lot” means a lot which has direct access to a road via a panhandle access. A panhandle lot has two portions, the panhandle access and a buildable portion. The buildable portion begins where the lot expands to meet the minimum lot width. Panhandle lots are also referred to as pipe stem lots or flag lots.

“Particulate matter” is any finely divided liquid or solid matter capable of being airborne or gasborne.

“PCS” means personal communications services.

“Personal wireless service,” “personal wireless service facilities,” and “facilities” used in this title shall be defined in the same manner as in Title 47, United States Code, Section 332(c)(7)(C), as they may be amended now or in the future and includes facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communications services, enhanced specialized mobile radio, and any other wireless services licensed by the FCC and unlicensed wireless services.

“Plat” is a legal subdivision.

“Provider” means every corporation, company, association, joint stock company, firm, partnership, limited liability company, other entity and individual which provides personal wireless service over personal wireless service facilities. (Ord. 1580 § 15, 2017; Ord. 1568 § 10, 2017; Ord. 746 § 19, 1997; Ord. 740 § 2, 1997).

18.04.170 “Q”.

Reserved. (Ord. 740 § 2, 1997).

18.04.180 “R”.

“Related equipment” is all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors.

“Residence” is a building containing dwelling units or rooming units, including single-family mobile homes or two-family houses, multiple dwellings, boarding or roominghouses.

“Residential care facility” means a facility that cares for at least five, but not more than 15, functionally disabled persons.

“Retail shop” means uses principally engaged in retail sale or rental of consumer or household goods, including ancillary repair services. These retail uses are characterized by face-to-face transactions conducted by both the buyer and seller on the business premises. Retail businesses that conduct a majority of their sales (over 50 percent) via the Internet or other means of telecommunications are not considered “retail” for the purposes of this section.

“Retirement homes/homes for the aged” includes any home which is maintained for the purpose of providing board and domiciliary care to three or more persons not related by blood or marriage to the operator. (Ord. 1533 § 12, 2016; Ord. 1364 § 3, 2010; Ord. 740 § 2, 1997).

18.04.190 “S”.

“Screening” as pertaining to personal wireless telecommunications facility such as a tower or mount placed amongst and adjacent to (within 20 feet) three or more trees at least 85 percent of the height of the facility.

“Secondary use” means a use subordinate to the principal use of the property, such as commercial, residential, utilities, etc.

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

“Setback” means a horizontal separation between a structure and a lot line.

“Setback, front” means the setback between a structure and any street right-of-way line. In lots adjoining two or more streets, including corner lots, the minimum front setback shall apply to all such street frontages. For panhandle lots, the front setback shall be measured from the shorter of lot lines within the buildable portion of the lot adjoining the panhandle access.

“Setback, rear” means the setback between a structure and the lot line opposite the front setback. Four-sided lots adjoining more than one street shall have no rear setback. In triangular lots with one street frontage, the rear setback shall be measured from the shorter of the lot lines not adjoining the street.

“Setback, side” means the setback between a structure and any lot line to which neither the front nor rear setback applies. Four-sided corner lots abutting streets on two sides shall have two side setbacks and no rear setback.

“Sexually oriented materials” means any books, magazines, periodicals or other printed materials, or any photographs, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

“Single-family residence” means a residence which is the only residence on its lot. “Single-family residence” includes site-built homes, factory-built modular homes, and manufactured homes complying with BLMC 15.08.020.

“Single-family residence, attached” means a single-family residence attached to a residence(s) on an adjoining lot(s).

“Single-family residence, detached” means a single-family residence detached from residences on adjoining lots.

“Specified anatomical areas” means and includes any of the following:

A. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

B. Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola.

“Specified sexual activities” means and includes any of the following:

A. The caressing, fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or

B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or

C. Masturbation, actual or simulated; or

D. Excretory functions as part of, or in connection with, any of the sexual activities specified in this definition.

“Stable, private” means a detached accessory building for the keeping of horses owned by the occupants of the premises and which are not kept for remuneration, hire or sale.

“Stationary vendor” means a vendor who conducts business upon privately or publicly owned property, excluding public streets, sidewalks, alley and other public ways of the city, from a vehicle, other conveyance, or structure that is not permanently affixed to real property.

“Street” is any right-of-way designed and dedicated for general public use to provide a principal means of travel for vehicles or pedestrians, and includes public and private easements and land over which the public has acquired by use prescriptive rights-of-way.

“Structure” is any building, sign, fence, wall, or similar item erected on and attached to a lot. (Ord. 1580 § 16, 2017; Ord. 1568 § 11, 2017; Ord. 1230 § 12, 2007; Ord. 1137 § 2, 2005; Ord. 1099 § 6, 2005; Ord. 988 § 2, 2003; Ord. 746 § 19, 1997; Ord. 740 § 2, 1997).

18.04.200 “T”.

“Tower” shall mean and refer to any structure built for the sole or primary purpose of supporting any antennas and their associated facilities, licensed or authorized by the FCC, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Examples include, but are not limited to, monopoles, lattice towers and guyed towers.

“Townhouse” or “townhome” means a type of attached dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.

“Toxic or noxious matter” is any solid, liquid, or gaseous matter or any combination of these containing properties which by their nature tend to impair the health and safety or welfare of individuals or to be destructive of property.

Tract of Land. See “Lot.”

“Trailer” means a prefabricated living unit of less than 550 square feet in floor area capable of being moved by towing upon the public roads and highways. (Ord. 1533 § 13, 2016; Ord. 1355 § 1, 2010; Ord. 746 § 19, 1997; Ord. 740 § 2, 1997).

18.04.210 “U”.

“Unlicensed wireless service” means commercial mobile services that operate on public frequencies and do not need an FCC license.

“Use” means the purpose land or building or structure now serves or for which it is occupied, maintained, arranged, designed or intended. (Ord. 786 § 1, 1998; Ord. 746 § 19, 1997; Ord. 740 § 2, 1997).

18.04.220 “V”.

“View corridor” means an open area that provides an unobstructed view across the subject property, in order to preserve significant public or private views of natural features. (Ord. 740 § 2, 1997).

18.04.230 “W”.

“WCF” means wireless communications facilities.

“Wireless communication facility” is an unstaffed facility for the transmission and reception of low-power radio signals consisting of an equipment shelter or cabinet, a support structure, antennas (e.g., omni-directional, panel/directional or parabolic) and related equipment.

“Wireless communication support structure” is the structure erected to support wireless communication antennas and connecting appurtenances. Support structure types include, but are not limited to, stanchions, monopoles, lattice towers, wood poles or guyed towers.

“Wireless services” are wireless data and telecommunications services, including commercial mobile services, commercial mobile data services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. (Ord. 1533 § 14, 2016; Ord. 746 § 19, 1997).

18.04.240 “X”.

Reserved. (Ord. 740 § 2, 1997).

18.04.250 “Y”.

“Yard” means an open area, required by setbacks of this title. (Ord. 740 § 2, 1997).

18.04.260 “Z”.

Reserved. (Ord. 740 § 2, 1997).