Chapter 18.02


18.02.001    Rules of construction.

18.02.003    Accessory dwelling unit.

18.02.005    Accessory use or structure.

18.02.006    Adult bookstore.

18.02.007    Adult motion picture theater.

18.02.008    Adult uses.

18.02.009    Adult entertainment establishment.

18.02.010    Agriculture.

18.02.015    Alley.

18.02.020    Apartment.

18.02.025    Apartment house (multifamily dwelling).

18.02.030    Automobile repair.

18.02.033    Automatic teller machine.

18.02.035    Automobile service station or gasoline filling station.

18.02.040    Automobile wrecking or motor vehicle wrecking.

18.02.045    Basement.

18.02.050    Board of adjustment.

18.02.055    Boarding or lodging home.

18.02.060    Building.

18.02.065    Building height.

18.02.070    Canopy.

18.02.071    Cargo container.

18.02.075    Comprehensive plan.

18.02.080    Combining district.

18.02.085    Common open space.

18.02.090    Conditional use.

18.02.091    Cottage housing.

18.02.092    Creeks, rivers, major.

18.02.093    Creeks, minor.

18.02.095    Crop and tree farming.

18.02.097    Dangerous wastes.

18.02.098    Designated zone facility.

18.02.100    Development plan.

18.02.105    Development standards.

18.02.107    Discontinuance.

18.02.110    District.

18.02.111    Dock-high loading areas.

18.02.112    Drainage ditch.

18.02.113    Dripline.

18.02.114    Drive-in business.

18.02.115    Drive-through.

18.02.116    Drop box.

18.02.118    Duplex.

18.02.119    Dwelling, single-family.

18.02.120    Dwelling, two-family.

18.02.125    Dwelling, multiple-family.

18.02.130    Dwelling unit.

18.02.132    Erosion hazard area.

18.02.133    Existing use.

18.02.134    Extremely hazardous waste.

18.02.135    Family.

18.02.137    Fast food restaurant.

18.02.140    Fence, sight-obscuring.

18.02.145    Fence, 100 percent sight-obscuring.

18.02.147    Formula take-out food restaurant.

18.02.148    Full service restaurant.

18.02.150    Frontage, building or occupancy.

18.02.152    Ganged mailbox.

18.02.154    Garage or carport, oversized private.

18.02.155    Garage or carport, private.

18.02.160    General conditional uses.

18.02.165    Grade.

18.02.170    Gross floor area.

18.02.172    Ground cover.

18.02.173    Group home.

18.02.174    Guest cottage.

18.02.175    Hazardous substance.

18.02.176    Hazardous substance facility buffer zone.

18.02.177    Hazardous substance land use.

18.02.178    Hazardous substance land use facility.

18.02.179    Hazardous substance, processing or handling of.

18.02.180    Hazardous waste.

18.02.181    Hazardous waste facility.

18.02.182    Hazardous waste storage facility.

18.02.183    Hazardous waste treatment facility.

18.02.184    Hazardous waste treatment or storage facility, off-site.

18.02.185    Hazardous waste treatment or storage facility, on-site.

18.02.187    Highest shade-producing point.

18.02.190    Home occupation.

18.02.195    Homeowners’ association.

18.02.200    Hotel.

18.02.202    Impervious surface.

18.02.205    Interior court.

18.02.210    Junkyard.

18.02.215    Kennel.

18.02.217    Lake.

18.02.220    Landscaping.

18.02.222    Landslide areas.

18.02.225    Lot.

18.02.230    Lot, corner.

18.02.235    Lot frontage.

18.02.240    Lot lines.

18.02.245    Lot measurements.

18.02.250    Lot of record.

18.02.252    Lot, riverfront.

18.02.255    Lot, through.

18.02.256    Mailbox.

18.02.257    Major nonconforming building or structure.

18.02.258    Minor nonconforming building or structure.

18.02.259    Mixed use building or structure.

18.02.260    Mixed use development.

18.02.262    Mobile/manufactured home.

18.02.265    Mobile home park.

18.02.267    Moderate risk waste.

18.02.270    Motel, hotel, motor hotel, and bed and breakfast.

18.02.275    Natural or native areas.

18.02.277    Newspaper delivery box.

18.02.280    Net acreage.

18.02.282    Nonconforming lot of record.

18.02.283    Nonconforming sign.

18.02.285    Nonconforming use.

18.02.286    Nonconformity.

18.02.288    North-south lot dimension.

18.02.290    Nursery school or day care center.

18.02.295    Occupancy.

18.02.300    Official map.

18.02.305    Open green area.

18.02.310    Ordinary high-water mark.

18.02.315    Outside storage.

18.02.317    Owner occupancy.

18.02.318    Park, riverfront.

18.02.320    Parking space or parking stall.

18.02.325    Parking, temporary.

18.02.327    Performance standards.

18.02.328    Planned unit development.

18.02.330    Planning director.

18.02.331    Pond.

18.02.333    Postal route map.

18.02.335    Preempted facility.

18.02.336    Ravine.

18.02.337    Recreational vehicle.

18.02.338    Restaurant.

18.02.339    Revegetation.

18.02.340    Roadside stand.

18.02.343    Seismic hazard areas.

18.02.344    Service uses or activities.

18.02.345    Setback, average.

18.02.346    Shopping center.

18.02.350    –
18.02.485    Repealed.

18.02.487    Single-family zoning district.

18.02.490    Site coverage.

18.02.493    Skydiving.

18.02.495    Slope line.

18.02.499    Solid waste incinerator.

18.02.500    Special permit.

18.02.501    Special trees.

18.02.502    Specified anatomical areas.

18.02.503    Specified sexual activities.

18.02.505    Stacking space.

18.02.510    Structure.

18.02.515    Story.

18.02.520    Street.

18.02.525    Townhouse.

18.02.527    Trade, retail.

18.02.528    Transitional housing.

18.02.529    Tree.

18.02.530    Undeveloped land.

18.02.531    Use.

18.02.532    Use, change of.

18.02.534    Use, temporary.

18.02.535    Used.

18.02.536    Variance.

18.02.540    Vegetation, shading.

18.02.541    Vegetative aid.

18.02.545    Veterinary clinic.

18.02.550    Veterinary hospital.

18.02.555    View.

18.02.565    Yard.

18.02.570    Yard, front.

18.02.575    Yard, rear.

18.02.580    Yard, side.

18.02.585    Zoning.

18.02.590    Zoning lot.

18.02.595    Zoning permit.

18.02.001 Rules of construction.

For purposes of this title, certain terms or words used in this title shall be interpreted as follows:

A. The word “person” includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.

B. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

C. The word “shall” is mandatory; the word “may” is permissive.

D. The word “used” or “occupied” includes the words “intended, designed or arranged to be used or occupied.”

E. The word “lot” includes the words “plot” and “parcel”. (Ord. 94-06 § 2, 1994).

18.02.003 Accessory dwelling unit.

“Accessory dwelling unit” means a subordinate dwelling unit incorporated within a single-family structure. (Ord. 99-23 § 1, 1999).

18.02.005 Accessory use or structure.

“Accessory use or structure” means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. (Ord. 94-06 § 2, 1994).

18.02.006 Adult bookstore.

“Adult bookstore” means a commercial establishment which has a minimum of 20 percent of its stock in trade in books, magazines or other periodicals distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Such an establishment is customarily not open to the public generally but only to one or more classes of the public, excluding minors by virtue of age. It shall be a refutable presumption that 20 percent of a business’s stock in trade is considered substantial. (Ord. 94-06 § 2, 1994).

18.02.007 Adult motion picture theater.

An “adult motion picture theater” is an enclosed building used for presenting motion picture films, videocassettes, cable television or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. This term includes outdoor drive-in theaters or structures which present similar films, movies or other visual media depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons. (Ord. 94-06 § 2, 1994).

18.02.008 Adult uses.

“Adult uses” shall include adult motion picture theaters, adult drive-in theaters, adult bookstores and adult entertainment establishments. (Ord. 94-06 § 2, 1994).

18.02.009 Adult entertainment establishment.

An “adult entertainment establishment” means any business or operation regulated by Chapter 18.02 EMC, including any business or operation that involves an exhibition or dance by persons that is distinguished or characterized by an emphasis on conduct that depicts, displays or relates to specified sexual activities or specified anatomical areas as defined in EMC 18.02.502 and 18.02.503. Such an establishment customarily excludes persons by virtue of age from all or a portion of the premises. (Ord. 94-06 § 2, 1994).

18.02.010 Agriculture.

“Agriculture” means the use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, apiaries and animal and poultry husbandry, and the necessary accessory uses for storing produce; provided, however, that the operation of any such accessory use shall be incidental to that of normal agricultural activities, and provided further that such uses shall not include the commercial feeding of garbage or refuse to swine or other animals. (Ord. 94-06 § 2, 1994).

18.02.015 Alley.

“Alley” means a public or private way not more than 30 feet wide affording only secondary means of access to abutting property or providing access to no more than three lots or potential lots. Alleys are typically unnamed. (Ord. 2000-02 § 3, 2000; Ord. 94-06 § 2, 1994).

18.02.020 Apartment.

“Apartment” means a dwelling unit in a multifamily building. (Ord. 94-06 § 2, 1994).

18.02.025 Apartment house (multifamily dwelling).

“Apartment house” means any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied, as the home or residence of three or more families living independently of each other and doing their own cooking in such building, and shall include flats and apartments. (Ord. 94-06 § 2, 1994).

18.02.030 Automobile repair.

“Automobile repair” includes fixing, incidental body or fender work, changing of automobile fluids, painting, upholstering, engine tune-up, adjusting lights or brakes, or supplying and installing replacement parts of or for passenger vehicles and trucks. (Ord. 94-06 § 2, 1994).

18.02.033 Automatic teller machine.

“Automatic teller machine” means a device for transacting business with a bank, utility, or any other business. Automatic teller machines provide two-way communications, including the provision of receipts. (Ord. 99-06 § 1, 1999).

18.02.035 Automobile service station or gasoline filling station.

“Automobile service station” or “gasoline filling station” means a building or lot having pumps and storage tanks where fuels, oils or accessories for motor vehicles are dispensed, sold or offered for sale at retail only, repair service is incidental and no storage or parking space is offered for rent. (Ord. 94-06 § 2, 1994).

18.02.040 Automobile wrecking or motor vehicle wrecking.

“Automobile wrecking” or “motor vehicle wrecking” means the dismantling or disassembling of motor vehicles or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts. (Ord. 94-06 § 2, 1994).

18.02.045 Basement.

“Basement” means that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is more than the vertical distance from grade to ceiling. (Ord. 94-06 § 2, 1994).

18.02.050 Board of adjustment.

“Board of adjustment” means the town board of adjustment created in accordance with RCW Title 35 which, in the case of Eatonville, is also the planning commission. (Ord. 94-06 § 2, 1994).

18.02.055 Boarding or lodging home.

“Boarding or lodging home” means a dwelling or part thereof, other than a motel or hotel, where lodging, with or without meals, is provided, for compensation, for not more than three persons. (Ord. 94-06 § 2, 1994).

18.02.060 Building.

“Building” means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property of any kind. (Ord. 94-06 § 2, 1994).

18.02.065 Building height.

“Building height” means the vertical distance from the grade at the front of the building to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the average height of the highest gable of a pitch or hip roof. (Ord. 94-06 § 2, 1994).

18.02.070 Canopy.

“Canopy” means a roof-like projection. (Ord. 94-06 § 2, 1994).

18.02.071 Cargo container.

“Cargo container” means a large container for freight which can be loaded onto container ships, trains, or trucks. (Ord. 2006-08 § 1, 2006).

18.02.075 Comprehensive plan.

“Comprehensive plan” means the plans, maps and reports which have been adopted by the town council in accordance with Chapter 35.63 RCW or RCW Title 35A. (Ord. 94-06 § 2, 1994).

18.02.080 Combining district.

“Combining district” means district regulations superimposed on an underlying zoning district which impose additional regulations for specific uses, and which are valid for a stipulated time period. Uses permitted by the underlying zone may also be developed. (Ord. 94-06 § 2, 1994).

18.02.085 Common open space.

“Common open space” means a parcel of land or an area of water or a combination of land and water within the site designated for a planned unit development, and designed and intended primarily for the use or enjoyment of the residents of such development. (Ord. 94-06 § 2, 1994).

18.02.090 Conditional use.

“Conditional use” means a use permitted in a zoning district only after review and approval by the board of adjustment. Conditional uses are such that they may be compatible only on certain conditions in specific locations in a zoning district, or if the site is regulated in a certain manner. (Ord. 94-06 § 2, 1994).

18.02.091 Cottage housing.

“Cottage housing” means a cluster or clusters of small detached dwelling units arranged around a common open space. (Ord. 2010-12 § 1, 2010).

18.02.092 Creeks, rivers, major.

The following are major creeks identified by the town:

A. Mashell River;

B. Lynch Creek;

C. Ohop Creek;

D. Little Mashell River. (Ord. 94-06 § 2, 1994).

18.02.093 Creeks, minor.

“Minor creeks” means all creeks other than major creeks and generally conforming to following criteria: a course or route as formed by nature, or as altered by human activity, and generally consisting of a channel with a bed, banks or sides substantially throughout its length along with surface waters, with some regularity, naturally and normally flow or drain from high to lower lands. (Ord. 94-06 § 2, 1994).

18.02.095 Crop and tree farming.

“Crop and tree farming” means the use of land for horticultural purposes. (Ord. 94-06 § 2, 1994).

18.02.097 Dangerous wastes.

“Dangerous wastes” means those wastes designated in WAC 173-303-070 through 173-303-103 as dangerous wastes. This may include any discarded, useless, unwanted or abandoned substances, including but not limited to certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife or the environment because such wastes or constituents or combinations of such wastes:

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

B. Are corrosive, explosive or flammable, or may generate pressure through decomposition or other means. A moderate risk waste is not dangerous waste. (Ord. 94-06 § 2, 1994).

18.02.098 Designated zone facility.

“Designated zone facility” means any hazardous waste facility that requires an interim or final status permit under rules adopted under Chapter 70.105 RCW and Chapter 173-303 WAC, and that is not a preempted facility as defined in RCW 70.105.010 or in Chapter 173-303 WAC. A hazardous waste treatment or storage facility is a designated zone facility. (Ord. 94-06 § 2, 1994).

18.02.100 Development plan.

“Development plan” means a plan drawn to scale, indicating the proposed use, the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location on the lot of the proposed building or alteration, yards, setbacks, landscaping, off-street parking, ingress and egress and signs. (Ord. 94-06 § 2, 1994).

18.02.105 Development standards.

“Development standards” means regulations including but not limited to, setbacks, landscaping, screening, height, site coverage, signs, building layout, drainage, parking and site design and related features of land use. (Ord. 94-06 § 2, 1994).

18.02.107 Discontinuance.

“Discontinuance” means the abandonment or nonuse of a building, structure, sign or lot for a period of six months. (Ord. 94-06 § 2, 1994).

18.02.110 District.

“District” means an area designated by this title, with specific boundaries, in which lie specific zones, which zones are described in this title. (Ord. 94-06 § 2, 1994).

18.02.111 Dock-high loading areas.

“Dock-high loading areas” means truck maneuvering areas and loading or unloading areas associated with loading doors that are located above the finish grade. (Ord. 94-06 § 2, 1994).

18.02.112 Drainage ditch.

“Drainage ditch” means a manmade channel with a bed, bank or sides which discharges waters into a major or minor creek, lake, pond or wetland. (Ord. 94-06 § 2, 1994).

18.02.113 Dripline.

“Dripline” means a circle drawn at the soil line directly under the outermost branches of a tree. (Ord. 94-06 § 2, 1994).

18.02.114 Drive-in business.

“Drive-in business” means a business providing goods and services to customers who may remain in their vehicles. Drive-in businesses may provide service in parallel to a number of customers simultaneously. Such parallel service may be provided either by a moving service point, such as a carhop, or by provision of mass-delivery facilities, such as the large screen and multiple speakers of a drive-in theater. Drive-in businesses may also provide services in series, using drive-through facilities. (Ord. 99-06 § 2, 1999).

18.02.115 Drive-through.

“Drive-through” refers to a fixed facility for the provision of goods or services to customers who remain in their vehicles. Such facilities may include windows, for person-to-person transactions; automatic teller machines; restaurants; fast food restaurants; or drop boxes. Drive-through service is characterized by customers passing the service window, automatic teller machine, or drop box in series, in a line or queue one after another. (Ord. 2019-02 § 1 (Exh. A), 2019; Ord. 99-06 § 3, 1999).

18.02.116 Drop box.

“Drop box” means a facility for deposit of bill payments, mail, or other articles. Communication through drop boxes is one-way, involving customer deposits only; drop boxes provide no immediate communications from business to customer, and are incapable of printing receipts. (Ord. 99-06 § 4, 1999).

18.02.118 Duplex.

“Duplex” means a detached building containing two dwelling units, each with a kitchen, designed for and occupied by two families living independently of each other in separate dwelling units. (Ord. 99-06 § 2, 1999; Ord. 94-06 § 2, 1994. Formerly 18.02.114).

18.02.119 Dwelling, single-family.

“Single-family dwelling” means a detached residential dwelling unit, other than a mobile home, designed for and occupied by one family only. (Ord. 99-06 § 3, 1999; Ord. 94-06 § 2, 1994. Formerly 18.02.115).

18.02.120 Dwelling, two-family.

“Two-family dwelling” means a detached residential building containing two dwelling units, designed for occupancy by not more than two families. (Ord. 94-06 § 2, 1994).

18.02.125 Dwelling, multiple-family.

“Multiple-family dwelling” means a residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided. (Ord. 94-06 § 2, 1994).

18.02.130 Dwelling unit.

“Dwelling unit” means one room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure or on the same property, and containing independent cooking and sleeping facilities. (Ord. 94-06 § 2, 1994).

18.02.132 Erosion hazard area.

“Erosion hazard areas” include areas that because of natural characteristics, including vegetative cover, soil texture, slope, gradient and rainfall patterns, or manmade changes to such characteristics, are vulnerable to erosion. Erosion hazard areas are those areas that have a severe or very severe erosion potential as detailed in the soil description contained in the “Soil Service of Pierce County Area, Washington,” 1979, Soil Conservation Service, USDA. (Ord. 94-06 § 2, 1994).

18.02.133 Existing use.

“Existing use” means a use for which permits for construction of the principal structure were finaled (occupancy approved) at least three years previously and which has not been interrupted by more than six consecutive calendar months. (Ord. 99-23 § 2, 1999).

18.02.134 Extremely hazardous waste.

“Extremely hazardous waste” means those wastes designated in WAC 173-303-070 through 173-303-103 as extremely hazardous wastes. This may include any dangerous waste which:

A. Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form:

1. Presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic makeup of man or wildlife; and

2. Is highly toxic to man or wildlife.

B. Is disposed of at a hazardous waste disposal site in such quantities as would present an extreme hazard to man or the environment. (Ord. 99-23 § 5, 1999; Ord. 94-06 § 2, 1994. Formerly 18.02.133).

18.02.135 Family.

“Family” means one or more individuals related by blood or legal familial relationship, or a group of not more than six persons who need not be related by blood or a legal familial relationship, living together in a dwelling unit as a single, nonprofit housekeeping unit, excluding class II and III group homes as defined in EMC 18.02.173. (Ord. 94-06 § 2, 1994).

18.02.137 Fast food restaurant.

“Fast food restaurant” means a restaurant or establishment that serves or delivers its food or beverages in disposable containers regardless of whether or not such food or beverages are to be consumed on or off the premises. (Ord. 99-11 § 1, 1999).

18.02.140 Fence, sight-obscuring.

The minimum for a “sight-obscuring fence” is a chain link fence with woven slats in every row or available space of the fence. (Ord. 94-06 § 2, 1994).

18.02.145 Fence, 100 percent sight-obscuring.

“One hundred percent sight-obscuring fence” means a fence constructed of solid wood, metal or other appropriate material which totally conceals the subject use from adjoining uses at six feet above the base of the fence line, at 20 feet from the subject property line. (Ord. 94-06 § 2, 1994).

18.02.147 Formula take-out food restaurant.

“Formula take-out food restaurant” means a fast food restaurant that is contractually required to offer standardized menus, ingredients, and interior or exterior design elements. (Ord. 99-11 § 2, 1999).

18.02.148 Full service restaurant.

“Full service restaurant” means a restaurant that washes and reuses dishes, flatware, and beverage containers used by on-premises diners. A full service restaurant may sell take-out meals in disposable containers. (Ord. 99-11 § 3, 1999).

18.02.150 Frontage, building or occupancy.

“Building or occupancy frontage” means the length of that portion of a building or ground floor occupancy which abuts a street, publicly used parking area or mall appurtenant to such building or occupancy, expressed in lineal feet and fractions thereof. (Ord. 94-06 § 2, 1994).

18.02.152 Ganged mailbox.

“Ganged mailbox” means a structure intended for receipt of mail for two or more residences or businesses. Ganged mailboxes may include two or more separate enclosures on a common support structure or on separate support structures in close proximity. Ganged mailboxes also include larger structures containing multiple compartments, with each compartment designated for a separate family or business. Ganged mailbox locations, enclosures, support structures, and labeling shall conform to the requirements of Chapter 18.08 EMC. (Ord. 98-07 § 8, 1998).

18.02.154 Garage or carport, oversized private.

“Oversized private garage or carport” means an accessory building, or a portion of a principal building, or a combination thereof, principally for vehicular equipment such as automobiles, trucks, recreational vehicles, boats, etc., in which only motor vehicles used by the tenants of the buildings on the premises are stored or kept, which totals more than 1,000 square feet in area. (Ord. 2001-01 § 1, 2001).

18.02.155 Garage or carport, private.

“Private garage or carport” means an accessory building, or a portion of a principal building, or a combination thereof, principally for vehicular equipment such as automobiles, boats, etc., in which only motor vehicles used by the tenants of the buildings on the premises are stored or kept. Total area of private garage(s) shall be not more than 1,000 square feet in area per residential unit. (Ord. 2001-01 § 2, 2001).

18.02.160 General conditional uses.

“General conditional uses” means uses described in EMC 18.08.030. Such uses shall be deemed conditional uses in all districts. (Ord. 94-06 § 2, 1994).

18.02.165 Grade.

“Grade” means the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from such wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than five feet distant from such wall. In case walls are parallel to and within five feet of a public sidewalk alley or other public way, the grade shall be the elevation of the sidewalk, alley or public way. (Ord. 94-06 § 2, 1994).

18.02.170 Gross floor area.

“Gross floor area” means the area included within the surrounding exterior walls of a building expressed in square feet and fractions thereof. The floor area of a building not provided with surrounding exterior walls shall be the usable area under the horizontal projections of the roof or floor above. (Ord. 94-06 § 2, 1994).

18.02.172 Ground cover.

“Ground cover” means low-growing vegetative materials with a mound or spreading manner of growth that provides solid cover within two years after planting. Examples include sod or seed lawn, ivy, junipers, cotoneaster, etc. (Ord. 94-06 § 2, 1994).

18.02.173 Group home.

A. Class I Group Home. “Class I group home” means publicly or privately operated residential facilities such as state-licensed foster homes and group homes for children; group homes for individuals who are developmentally, physically or mentally disabled; group homes or halfway houses for recovering alcoholics and former drug addicts; and other groups not considered within class II or III group homes.

1. Group Home, Class I-A. A class I-A group home shall have a maximum of seven residents including resident staff.

2. Group Home, Class I-B. A class I-B group home shall have a maximum of 10 residents including resident staff.

3. Group Home, Class I-C. The number of residents for a class I-C group home will be based upon the density of the underlying zoning district.

B. Class II Group Home. “Class II group home” means publicly or privately operated residential facilities for juveniles under the jurisdiction of the criminal justice system. These homes include state-licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, and halfway houses providing residence to juveniles needing correction or for juveniles selected to participate in state-operated work release and prerelease programs. The planning director shall have the discretion to classify a group home proposing to serve juveniles convicted of the offenses listed under class III group home in this section as a group home class III, and any such home shall be sited according to the regulations contained within the group III classification.

1. Group Home, Class II-A. A class II-A group home shall have a maximum of eight residents including resident staff.

2. Group Home, Class II-B. A class II-B group home shall have a maximum of 12 residents including resident staff.

3. Group Home, Class II-C. A class II-C group home shall have a maximum of 18 residents including resident staff.

C. Class III Group Home. “Class III group home” means privately or publicly operated residential facilities for adults under the jurisdiction of the criminal justice system who have entered a pre- or post-charging diversion program, or been selected to participate in state-operated work/training release or other similar programs. Such groups also involve individuals who have been convicted of a violent crime against a person or a crime against property with a sexual motivation and convicted or charged as a sexual or assaultive violent predator. (Ord. 94-06 § 2, 1994).

18.02.174 Guest cottage.

“Guest cottage” means an accessory, detached dwelling without any kitchen facilities designed for and used to house transient visitors or nonpaying guests of the occupants of the main building. (Ord. 94-06 § 2, 1994).

18.02.175 Hazardous substance.

“Hazardous substance” means any liquid, solid, gas or sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as described in rules adopted under Chapter 70.105 RCW or in WAC 173-303-090, 173-303-100, 173-303-101, 173-303-102 or 173-303-103. (Ord. 94-06 § 2, 1994).

18.02.176 Hazardous substance facility buffer zone.

“Hazardous substance facility buffer zone” means a setback area between the hazardous substance land use facility boundary and the nearest point of the hazardous substance land use property line, necessary to provide added protection to adjacent land uses or resources of beneficial use. All hazardous waste treatment and storage facilities

must maintain at least a 50-foot buffer zone. (Ord. 94-06 § 2, 1994).

18.02.177 Hazardous substance land use.

“Hazardous substance land use” means any use which is permitted under this title and which includes a designated zone facility or the processing or handling of a hazardous substance. (Ord. 94-06 § 2, 1994).

18.02.178 Hazardous substance land use facility.

“Hazardous substance land use facility” means the projected line enclosing the area of all structures and lands on which hazardous substance land use activities occur, have occurred in the past or will occur in the future. This does not include the application of products for agricultural purposes. (Ord. 94-06 § 2, 1994).

18.02.179 Hazardous substance, processing or handling of.

“Processing or handling of a hazardous substance” means the compounding, treatment, manufacture, synthesis, use or storage of hazardous substances in excess of the following amounts in bulk quantities: 5,000 pounds of solid hazardous substances, 500 gallons of liquid hazardous substances and 650 cubic feet of gaseous hazardous substances. (Ord. 94-06 § 2, 1994).

18.02.180 Hazardous waste.

“Hazardous waste” means any dangerous and extremely hazardous waste, including substances composed of radioactive and hazardous components. A moderate risk waste is not a hazardous waste. (Ord. 94-06 § 2, 1994).

18.02.181 Hazardous waste facility.

“Hazardous waste facility” means the contiguous land and structures, other appurtenances and improvements on the land used for recycling, storing, treating, incinerating or disposing of hazardous waste. (Ord. 94-06 § 2, 1994).

18.02.182 Hazardous waste storage facility.

“Hazardous waste storage facility” means any designated zone facility which holds hazardous waste for a temporary period not to exceed five years; this does not include accumulation of hazardous waste by the generator on the site of generation, as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201. (Ord. 94-06 § 2, 1994).

18.02.183 Hazardous waste treatment facility.

“Hazardous waste treatment facility” means any designated zone facility which processes hazardous waste by physical, chemical or biological means to make such waste nonhazardous or less hazardous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume. (Ord. 94-06 § 2, 1994).

18.02.184 Hazardous waste treatment or storage facility, off-site.

“Off-site hazardous waste treatment or storage facility” means any hazardous waste treatment or storage facility which treats or stores wastes that are generated off the site. (Ord. 94-06 § 2, 1994).

18.02.185 Hazardous waste treatment or storage facility, on-site.

“On-site hazardous waste treatment or storage facility” means any hazardous waste treatment or storage facility which treats or stores only those wastes that are generated on the site. (Ord. 94-06 § 2, 1994).

18.02.187 Highest shade-producing point.

“Highest shade-producing point” means the point of a structure which casts the longest shadow at noon on January 21st. (Ord. 94-06 § 2, 1994).

18.02.190 Home occupation.

“Home occupation” means any use customarily carried on within a dwelling by the inhabitants thereof which use is incidental to the residential use and not primarily considered as a business and which complies with the conditions of EMC 18.08.040. (Ord. 94-06 § 2, 1994).

18.02.195 Homeowners’ association.

“Homeowners’ association” means an incorporated, nonprofit organization operating under recorded land agreements through which (1) each lot owner is automatically a member, and (2) each lot is automatically subject to a charge for a proportionate share of the common property, and (3) a charge, if unpaid, becomes a lien against the property. (Ord. 94-06 § 2, 1994).

18.02.200 Hotel.

“Hotel” means any building containing six or more guest rooms which are intended or designed to be used or which are used, rented or hired out to be occupied for sleeping purposes by guests. (Ord. 94-06 § 2, 1994).

18.02.202 Impervious surface.

“Impervious surface” means that hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions preexistent to development, or that hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions preexistent to development. Common impervious surfaces include but are not limited to rooftops, concrete or asphalt paving, paved walkways, patios, driveways, parking lots or storage areas, and oiled, macadam or other surfaces which similarly impede the natural infiltration of surface water. (Ord. 94-06 § 2, 1994).

18.02.205 Interior court.

“Interior court” means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building. (Ord. 94-06 § 2, 1994).

18.02.210 Junkyard.

“Junkyard” means a place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including auto and motor vehicle wrecking yards, house wrecking yards, used lumber yards and yards for use of salvaged house wrecking and structural steel materials and equipment. (Ord. 94-06 § 2, 1994).

18.02.215 Kennel.

“Kennel” means any fenced lot and/or structure on which four or more dogs or cats over six months of age are kept for breeding, sale, training, boarding or sporting purposes, or are cared for or kept for any purpose other than as a pet. (Ord. 94-06 § 2, 1994).

18.02.217 Lake.

“Lake” means a natural or artificial body of water of two or more acres or where the deepest part of the basin at low water exceed two meters (six and six-tenths (6.6) feet). Artificial bodies of water with a recirculation system approved by the public works director are not included in this definition. (Ord. 94-06 § 2, 1994).

18.02.220 Landscaping.

“Landscaping” means vegetative cover including shrubs, trees, flowers, seeded lawn or sod, ivy and other similar plant material. (Ord. 94-06 § 2, 1994).

18.02.222 Landslide areas.

“Landslide hazard areas” include areas potentially subject to landslides based upon the following combination of geologic, topographic and hydrologic factors:

A. Areas of historic failure;

B. Areas with all three of the following characteristics:

1. Slopes of 25 percent gradient or greater,

2. Hillsides intersecting geologic contacts with a relatively permeable sediment overlaying a relatively impermeable sediment or bedrock, and

3. Springs or groundwater;

C. Slopes that are parallel or subparallel to planes or weak in subsurface materials;

D. Privately owned areas with slopes that have gradients greater than 80 percent subject to rock fall during seismic shaking;

E. Areas potentially unstable as a result of rapid stream incision, stream bank erosion and undercutting by wave action;

F. Areas located in a canyon or an active alluvial fan presently or potentially subject to one percent or greater chance of inundation by debris flows or catastrophic flooding;

G. Areas with slope gradients of 40 percent or greater not composed of consolidated rock. These will be of at least 10 feet of vertical relief. (Ord. 94-06 § 2, 1994).

18.02.225 Lot.

A “lot” is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are required in this title. Such lot shall have frontage on an approved street, and may consist of:

A. A single lot of record;

B. A portion of a lot of record;

C. A combination of complete lots of record and portions of lots of record;

D. A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this title. (Ord. 94-06 § 2, 1994).

18.02.230 Lot, corner.

“Corner lot” means a lot abutting upon two or more streets at their intersection, or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees within the lot lines. (Ord. 94-06 § 2, 1994).

18.02.235 Lot frontage.

The front of a lot shall be that portion nearest the street. The user of a corner lot has the option of determining which part of the lot fronting on a street shall become the lot frontage, but the entrance shall be in the front. (Ord. 94-06 § 2, 1994).

18.02.240 Lot lines.

“Lot lines” means the property lines bounding the lot. (Ord. 94-06 § 2, 1994).

18.02.245 Lot measurements.

A. Depth of a lot shall be considered to be the distance between the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

B. Width of a lot shall be considered to be the distance between the side lines connecting front and rear lot lines; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width, except in the case of lots on the turning circle of cul-de-sacs, where the 80-percent requirement shall not apply. (Ord. 94-06 § 2, 1994).

18.02.250 Lot of record.

“Lot of record” means a lot which is part of a subdivision recorded in the office of the county assessor, or a lot or parcel described by metes and bounds, the description of which has been so recorded. (Ord. 94-06 § 2, 1994).

18.02.252 Lot, riverfront.

“Riverfront lot” means any lot or land parcel which is adjacent to the Mashell River or Little Mashell River, Ohop and Lynch Creeks, a riverfront road or a riverfront park. (Ord. 94-06 § 2, 1994).

18.02.255 Lot, through.

“Through lot” means a lot that has both ends fronting on a street. Either end may be considered the front. (Ord. 94-06 § 2, 1994).

18.02.256 Mailbox.

“Mailbox” means a structure intended for receipt of mail from a single-family or business. Mailbox locations, enclosures, support structures, and labeling shall conform to the requirements of Chapter 18.08 EMC. (Ord. 98-07 § 9, 1998).

18.02.257 Major nonconforming building or structure.

“Major nonconforming building or structure” means any nonconforming building or structure located on a parcel which at any point borders or is in a residential district and which is not in compliance with the minimum development standards of the district in which it is located. (Ord. 94-06 § 2, 1994).

18.02.258 Minor nonconforming building or structure.

“Minor nonconforming building or structure” means any nonconforming building or structure which is not a major nonconforming structure and which is not in compliance with the minimum development standards of the district in which it is located. (Ord. 94-06 § 2, 1994).

18.02.259 Mixed use building or structure.

“Mixed use building or structure” means a building that contains two or more separate and distinct uses permitted in the zoning district where such building is located. (Ord. 94-06 § 2, 1994).

18.02.260 Mixed use development.

“Mixed use development” means two or more permitted uses or conditional uses developed in conjunction with one another on the same site. (Ord. 94-06 § 2, 1994).

18.02.262 Mobile/manufactured home.

“Mobile/manufactured home” means a residential unit on one or more chassis for towing to the point of use and designed to be used with a foundation as a dwelling unit on a year-round basis, and which bears an insignia issued by a state or federal regulatory agency indicating that the manufactured home complies with all applicable construction standards of the U.S. Department of Housing and Urban Development (HUD) definition of a manufactured home. The unit shall be certified for transportation on public streets by the State Department of Labor and Industries. The terms “mobile home” and “manufactured home” are considered to be interchangeable in the context of this title. A commercial coach, recreational vehicle or motor home are not a mobile manufactured home. (Ord. 94-06 § 2, 1994).

18.02.265 Mobile home park.

“Mobile home park” means a lot, parcel or tract of land, improved or unimproved, under the ownership or management of one or more persons, which is utilized as the location for six or more mobile/manufactured homes for dwelling or sleeping purposes. (Ord. 94-06 § 2, 1994).

18.02.267 Moderate risk waste.

“Moderate risk waste” means those wastes defined in WAC 173-303-040 as moderate risk wastes. This may include any waste that exhibits any of the properties of hazardous waste but is exempt from regulation under Chapter 70.105 RCW solely because the waste is generated in quantities below the threshold for regulation, and any household waste which is generated from the disposal of substances identified by the department of ecology as hazardous household substances. (Ord. 94-06 § 2, 1994).

18.02.270 Motel, hotel, motor hotel, and bed and breakfast.

“Motel,” “hotel,” “motor hotel,” and “bed and breakfast,” means a building or group of buildings comprising sleeping or living units for the accommodation of guests for compensation. (Ord. 94-06 § 2, 1994).

18.02.275 Natural or native areas.

“Natural or native areas” means all or portions of a parcel of land undisturbed by development and maintained in a manner which preserves the indigenous plant materials. (Ord. 94-06 § 2, 1994).

18.02.277 Newspaper delivery box.

“Newspaper delivery box” means a box, tube, or other enclosure intended for receipt of newspapers. Such delivery boxes may be installed in the public right-of-way, for curbside delivery, if they conform to the requirements for mailboxes, as described in of Chapter 18.08 EMC. (Ord. 98-07 § 10, 1998).

18.02.280 Net acreage.

“Net acreage” means the buildable area after the area of street rights-of-way and easements has been subtracted. (Ord. 94-06 § 2, 1994).

18.02.282 Nonconforming lot of record.

“Nonconforming lot of record” means any validly recorded lot which at the time it was recorded fully complied with the applicable laws and ordinances but which does not fully comply with the lot requirements of this title. (Ord. 94-06 § 2, 1994).

18.02.283 Nonconforming sign.

“Nonconforming sign” means any sign which is not in full compliance with the regulations of this code, as amended. (Ord. 94-06 § 2, 1994).

18.02.285 Nonconforming use.

“Nonconforming use” means the use of land, a building or a structure lawfully established prior to this title which does not conform with the use regulations of the district in which it is located on the effective date of such use regulations. (Ord. 94-06 § 2, 1994).

18.02.286 Nonconformity.

“Nonconformity” means any land use, structure, lot of record or sign legally established prior to the effective date of this title or subsequent amendment to it which would not be permitted by or is not in full compliance with the regulations of this title. (Ord. 94-06 § 2, 1994).

18.02.288 North-south lot dimension.

“North-south lot dimension” means the average distance between lines from the corners of the northern lot line south to a line drawn east-west and intersecting the southernmost point of the lot. (Ord. 94-06 § 2, 1994).

18.02.290 Nursery school or day care center.

“Nursery school” or “day care center” 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. Nursery school or day care centers include family day care homes, out-of-home child mini-day care centers and child day care centers regulated by the Washington State Department of Social and Health Services. (Ord. 94-06 § 2, 1994).

18.02.295 Occupancy.

“Occupancy” means the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. (Ord. 94-06 § 2, 1994).

18.02.300 Official map.

“Official map” means maps showing the designation, location and boundaries of the various districts which have been adopted and made a part of this title. (Ord. 94-06 § 2, 1994).

18.02.305 Open green area.

“Open green area” means landscaped areas and areas of natural or native vegetation. (Ord. 94-06 § 2, 1994).

18.02.310 Ordinary high-water mark.

“Ordinary high-water mark,” on the streams, marshes and swamps, is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on the effective date of the ordinance codified in this title, or as it may naturally change thereafter; provided that in any area where the ordinary high-water mark cannot be found the ordinary high-water mark shall be the line of mean high water. (Ord. 94-06 § 2, 1994).

18.02.315 Outside storage.

“Outside storage” means all or part of a lot which is used for the keeping of materials or products in an open, uncovered yard or in an unwalled building. Such materials shall not be for general public consumption or viewing. Such materials shall include tractors, backhoes, heavy equipment, construction materials and other similar items which detract from the appearance of the zone in which they are located. (Ord. 94-06 § 2, 1994).

18.02.317 Owner occupancy.

“Owner occupancy” means that a property owner, as reflected in title records, makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means; actually resides at the site more than six months out of any given year; directly pays all municipal utility bills; and at no time receives rent for the owner-occupied unit. (Ord. 99-23 § 3, 1999).

18.02.318 Park, riverfront.

“Riverfront park” means a publicly owned open space which lies along the Mashell River. (Ord. 94-06 § 2, 1994).

18.02.320 Parking space or parking stall.

A “parking space” is any off-street space intended for the use of vehicular parking, with ingress or egress to the space easily identifiable. (Ord. 94-06 § 2, 1994).

18.02.325 Parking, temporary.

“Temporary parking” means parking facilities specifically designed to accommodate vehicles and intended for public use for a period of not more than five days. Temporary parking shall not be in lieu of specified off-street parking as required in Chapter 18.05 EMC pertaining to off-street parking and loading requirements. (Ord. 94-06 § 2, 1994).

18.02.327 Performance standards.

“Performance standards” means regulations for the control of dangerous or objectionable elements, as defined in EMC 18.08.050. (Ord. 98-07 § 11, 1998; Ord. 94-06 § 2, 1994. Formerly 18.02.330).

18.02.328 Planned unit development.

“Planned unit development” is a development built under those provisions of this title which permit departures from the conventional siting, setback and density requirements of other sections of this title in the interest of achieving superior site development, creating open space and encouraging imaginative design by permitting design flexibility. (Ord. 98-07 § 11, 1998; Ord. 94-06 § 2, 1994. Formerly 18.02.332).

18.02.330 Planning director.

“Planning director” means a person designated by the mayor of the town to carry out all duties related to planning. (Ord. 98-07 § 11, 1998; Ord. 94-06 § 2, 1994. Formerly 18.02.333).

18.02.331 Pond.

A “pond” means an area permanently inundated by water in less than two acres in area as measured at the ordinary high water mark. (Ord. 98-07 § 11, 1998; Ord. 94-06 § 2, 1994. Formerly 18.02.334).

18.02.333 Postal route map.

“Postal route map” means a map, prepared and maintained by the United States Postal Service, and coordinated with the town public works director, showing the area in which mail is delivered, the streets or alleys traveled and the direction of travel by mail carriers for curbside delivery of mail. (Ord. 98-07 § 12, 1998).

18.02.335 Preempted facility.

“Preempted facility” means any hazardous waste facility defined as a preempted facility in RCW 70.105.010 or in Chapter 173-303 WAC. This may include any facility that includes as a significant part of its activities any of the following hazardous waste operations: (1) landfill, (2) incineration, (3) land treatment, (4) surface impoundment to be closed as a landfill, or (5) waste pile to be closed as a landfill. (Ord. 94-06 § 2, 1994).

18.02.336 Ravine.

“Ravine” means an area constituting a “young valley” which contains a major or minor creek. It includes the bottom land of the ravine and the ravine sidewalls to a point where the slopes are less than 15 percent. (Ord. 2019-02 § 1 (Exh. A), 2019; Ord. 94-06 § 2, 1994. Formerly 18.02.337).

18.02.337 Recreational vehicle.

A. “Recreational vehicles” means motorized vehicles that include a cabin for living accommodations and are commonly used for recreational travel and touring. Vehicles included in this category come in several forms: travel trailers, tent trailers and camping trailers, all of which must be towed by a car or pickup truck; and truck campers, motor homes and camper vans, all of which have the motor within the body of the vehicle.

B. “Recreational vehicles” may also include any motorized or nonmotorized vehicle, boat, boat trailer or other vehicle to be used for recreational purposes. (Ord. 2019-02 § 1 (Exh. A), 2019; Ord. 94-06 § 2, 1994. Formerly 18.02.338).

18.02.338 Restaurant.

An establishment where food and drink are prepared, served, and consumed, mostly within the principal building. (Ord. 2019-02 § 1 (Exh. A), 2019).

18.02.339 Revegetation.

“Revegetation” means the planting of vegetation to cover any land areas which have been disturbed during construction. This vegetation shall be maintained to ensure its survival and shall be consistent with planting regulations of the town landscape regulations as set out in Chapter 18.07 EMC. (Ord. 2019-02 § 1 (Exh. A), 2019; Ord. 94-06 § 2, 1994. Formerly 18.02.336).

18.02.340 Roadside stand.

“Roadside stand” means a temporary structure designed or used for the display or sale of agricultural products primarily produced on the premises upon which such a stand is located. (Ord. 2019-02 § 1 (Exh. A), 2019; Ord. 94-06 § 2, 1994. Formerly 18.02.339).

18.02.343 Seismic hazard areas.

“Seismic hazard areas” include areas subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction or surface faulting. (Ord. 94-06 § 2, 1994).

18.02.344 Service uses or activities.

“Service uses or activities” means a business which sells the knowledge or work of its people rather than a tangible product. (Ord. 94-06 § 2, 1994).

18.02.345 Setback, average.

The “average setback” is the mean or average depth of yard (setback) measured from the property line to the building. The average setback is computed along the full length of the property line, utilizing a designated property depth. (Ord. 94-06 § 2, 1994).

18.02.346 Shopping center.

“Shopping center” means a retail shopping area designed as a unit, which utilizes a common parking area. (Ord. 94-06 § 2, 1994).

18.02.350 Sign.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.355 Sign area.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.360 Sign height.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.365 Sign, abandoned.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.370 Sign, advertising.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.375 Sign, business.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.380 Sign, canopy.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.385 Sign, construction.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.390 Sign, directional or informational.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.395 Sign, flashing.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.400 Sign, freestanding.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.405 Sign, gate or entrance.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.410 Sign, identification.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.415 Sign, illuminated.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.420 Sign, indirectly illuminated.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.425 Sign, institutional.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.430 Sign, off-premises.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.435 Sign, on-premises.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.440 Sign, painted.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.445 Sign, political.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.450 Sign, portable.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.455 Sign, projecting.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.460 Sign, roof.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.465 Sign, rotating.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.470 Sign, subdivision.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.475 Sign, temporary.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.480 Sign, wall.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.485 Sign, window.

Repealed by Ord. 2007-19. (Ord. 94-06 § 2, 1994).

18.02.487 Single-family zoning district.

A “single-family zoning district” is a zoning district with any of the following designations: single-family residential SF-1, SF-2 and SF-3. (Ord. 94-06 § 2, 1994).

18.02.490 Site coverage.

“Site coverage” means that portion of a lot covered by buildings or structures. (Ord. 94-06 § 2, 1994).

18.02.493 Skydiving.

“Skydiving” means to jump and fall freely from an aircraft, performing various maneuvers before pulling the ripcord of a parachute. “Skydiving” also means, for zoning purposes, the use of a parachute during a jump from an airplane, balloon, or other aircraft, or from a cliff or structure, whether the ripcord is pulled by static line or skydiver. (Ord. 2001-06 § 1, 2001).

18.02.495 Slope line.

“Slope line” is defined as the line perpendicular to the contour lines crossing the property. The precise bearing or heading of the slope line shall be determined by the planning director. (Ord. 94-06 § 2, 1994).

18.02.499 Solid waste incinerator.

“Solid waste incinerator” means the processing of solid wastes by means of pyrolysis, refuse-derived fuel or mass incineration within an enclosed structure. These processes may include the recovery of energy resources from such waste or the conversion of the energy in such wastes to more useful forms or combinations thereof. This definition refers to citywide or regional-scale operations and does not include solid waste incineration which is accessory to an individual principal use. (Ord. 94-06 § 2, 1994).

18.02.500 Special permit.

“Special permit” means a permit issued for uses permitted in a district provided such use meets the standards as required for such use. (Ord. 94-06 § 2, 1994).

18.02.501 Special trees.

“Special trees” means trees significant due to their size, age, species and variety, or historical importance. (Ord. 94-06 § 2, 1994).

18.02.502 Specified anatomical areas.

“Specified anatomical areas” means:

A. Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the areola; and

B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Ord. 94-06 § 2, 1994).

18.02.503 Specified sexual activities.

“Specified sexual activities” means:

A. Human genitals in a state of sexual stimulation or arousal;

B. Acts of human masturbation, sexual intercourse or sodomy;

C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. (Ord. 94-06 § 2, 1994).

18.02.505 Stacking space.

“Stacking space” means the space specifically designated as a waiting area for vehicles whose occupants will be patronizing a drive-in business. Such space is considered to be located directly alongside a drive-through window, automatic teller machine, drop box, or entrance used by patrons and in lanes leading up to the business establishment. (Ord. 99-06 § 5, 1999; Ord. 94-06 § 2, 1994).

18.02.510 Structure.

“Structure” means that which is built or constructed, or an edifice or building of any kind or any piece of work composed of parts joined together in some definite manner, and includes posts for fences and signs, but does not include mounds of earth or debris. (Ord. 94-06 § 2, 1994).

18.02.515 Story.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than six feet above grade for more than 50 percent of the total perimeter or is more than 12 feet above grade at any point, such basement, cellar or unused underfloor space shall be considered as a story. (Ord. 94-06 § 2, 1994).

18.02.520 Street.

“Street” means a public or private right-of-way or easement that can accommodate vehicle access to more than three lots, potential lots, or lot equivalents. “Street”, “avenue”, “court”, “drive”, “highway”, “lane”, and “road” are terms used interchangeably and mean the same. Streets are typically named. (Ord. 2000-02 § 4, 2000; Ord. 94-06 § 2, 1994).

18.02.525 Townhouse.

“Townhouse” means an attached one- or two-family dwelling having no side yard and sharing a common wall with adjacent dwelling units. (Ord. 94-06 § 2, 1994).

18.02.527 Trade, retail.

“Retail trade” means the sale or rental of goods and merchandise for final use or consumption. (Ord. 94-06 § 2, 1994).

18.02.528 Transitional housing.

“Transitional housing” means a facility operated publicly or privately to provide housing for individuals or families who are otherwise homeless and have no other immediate living options available to them. Transitional housing shall not exceed an 18-month period per individual or family. (Ord. 94-06 § 2, 1994).

18.02.529 Tree.

“Tree” means any living woody plant characterized by one main stem or trunk and many branches, and having a diameter of two inches or more measured at three feet above ground level. (Ord. 94-06 § 2, 1994).

18.02.530 Undeveloped land.

“Undeveloped land” means a parcel of land which does not have an inhabitable building or where the inhabited buildings occupy no more than three percent of the total parcel area. (Ord. 94-06 § 2, 1994).

18.02.531 Use.

“Use” means an activity for which land or premises or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased. (Ord. 94-06 § 2, 1994).

18.02.532 Use, change of.

A “change of use” shall be determined to have occurred when it is found that the general character of the operation has been modified. This determination shall include review of but not be limited to: (1) hours of operation, (2) materials processed or sold, (3) required parking, (4) traffic generation, (5) impact on public utilities, (6) clientele, and (7) general appearance and location. (Ord. 94-06 § 2, 1994).

18.02.534 Use, temporary.

“Temporary use” means any activity or structure permitted under the provisions of EMC 18.08.205 which is intended to exist or operate for a limited period of time and which does not comply with the development standards and requirements set out in this title as specified for the zoning district in which it is located. (Ord. 94-06 § 2, 1994).

18.02.535 Used.

The word “used” in the definition of the term “adult motion picture theater” in this chapter describes a continuing course of conduct of exhibiting specific sexual activities and specified anatomical areas in a manner which appeals to a prurient interest. (Ord. 94-06 § 2, 1994).

18.02.536 Variance.

“Variance” means a modification of regulations of this title when authorized by the board of adjustment after finding that the literal application of the provisions of this title would cause undue and unnecessary hardship in view of certain facts and conditions applying to a specific parcel of property. (Ord. 94-06 § 2, 1994).

18.02.540 Vegetation, shading.

“Shading vegetation” means vegetation planted on the south side of a major creek that generally provides shade from midmorning to midafternoon. Examples of shading vegetation are specified in EMC 18.07.050 pertaining to landscaping. (Ord. 94-06 § 2, 1994).

18.02.541 Vegetative aid.

“Vegetative aid” means bark mulch, gravel and other nonvegetative materials which promote vegetative growth by retaining moisture or preventing weeds. These materials are not a substitute for vegetative cover. (Ord. 94-06 § 2, 1994).

18.02.545 Veterinary clinic.

“Veterinary clinic” means any premises to which animals are brought, or where they are temporarily kept, solely for the purpose of diagnosis or treatment of any illness or injury, which does not have outdoor runs. (Ord. 94-06 § 2, 1994).

18.02.550 Veterinary hospital.

“Veterinary hospital” means any premises to which animals are brought, or where they are temporarily kept, solely for the purpose of diagnosis or treatment of any illness or injury, which may have outdoor runs. (Ord. 94-06 § 2, 1994).

18.02.555 View.

“View” means an unrestricted angle of vision. (Ord. 94-06 § 2, 1994).

18.02.565 Yard.

“Yard” means the land unoccupied or unobstructed, from the ground upward, except for such encroachments as may be permitted by this title, surrounding a building site. (Ord. 94-06 § 2, 1994).

18.02.570 Yard, front.

“Front yard” means an open space, other that a court, on the same lot with the building, between the front line of the building (exclusive of steps) and the front property line, including the full width of the lot to its side line. (Ord. 94-06 § 2, 1994).

18.02.575 Yard, rear.

“Rear yard” means an open space on the same lot with the building between the rear line of the building (exclusive of steps, porches and accessory buildings) and the rear line of the lot, including the full width of the lot to its side lines. (Ord. 94-06 § 2, 1994).

18.02.580 Yard, side.

“Side yard” means an open space on the same lot with the building between the side wall line of the lot and extending from front yard to rear yard. No portion of a structure shall project into any side yard, except cornices, canopies, eaves or other architectural features, which may project two feet, zero inches. (Ord. 94-06 § 2, 1994).

18.02.585 Zoning.

“Zoning” means the regulation of the use of private lands or the manner of construction related thereto in the interest of achieving a comprehensive plan of development. Such regulation shall also govern those public and quasi-public land use and buildings which provide for proprietary type services for the community’s benefit as contrasted with governmental activities. Governmental activities are encouraged to cooperate under these regulations to secure harmonious town development. (Ord. 94-06 § 2, 1994).

18.02.590 Zoning lot.

“Zoning lot” means a tract of land occupied or to be occupied by a principal building and its accessory facilities, together with such open spaces and yards as are required under the provisions of this title, having not less than the minimum area required by this title for a zoning purpose in the district in which such land is situated, and having its principal frontage on a public street of standard width and improvement. A zoning lot need not necessarily coincide with the record lot, which refers to land designated as a separate and distinct parcel on a legally recorded subdivision plat or in a legally recorded deed filed in the records of the county. (Ord. 94-06 § 2, 1994).

18.02.595 Zoning permit.

“Zoning permit” means a certificate, issued prior to a building permit, stating that the proposed use is in accordance with the requirements and standards of this title. (Ord. 94-06 § 2, 1994).