Chapter 18.10
DEFINITIONS

Sections:

18.10.010    “A” definitions.

18.10.020    “B” definitions.

18.10.030    “C” definitions.

18.10.040    “D” definitions.

18.10.050    “E” definitions.

18.10.060    “F” definitions.

18.10.070    “G” definitions.

18.10.080    “H” definitions.

18.10.090    “I” definitions.

18.10.100    “J” definitions.

18.10.110    “K” definitions.

18.10.120    “L” definitions.

18.10.130    “M” definitions.

18.10.140    “N” definitions.

18.10.150    “O” definitions.

18.10.160    “P” definitions.

18.10.170    “Q” definitions.

18.10.180    “R” definitions.

18.10.190    “S” definitions.

18.10.200    “T” definitions.

18.10.210    “U” definitions.

18.10.220    “V” definitions.

18.10.230    “W” definitions.

18.10.240    “X” definitions.

18.10.250    “Y” definitions.

18.10.260    “Z” definitions.

18.10.010 “A” definitions.

“Accessory dwelling unit (ADU)” means a dwelling (see definition in TMC 18.10.040) appurtenant to a commercial or residential use and located on the same parcel as the principal structure.

“Accessory structure” means a structure that is clearly incidental and subordinate to the principal structure on the same lot. Examples include storage sheds and garages.

“Accessory use” means a use customarily incidental to and on the same lot as the principal use of a building or operation and so necessary or commonly to be expected that it cannot be supposed that it was intended to be prohibited.

“Accessory utilities” means local transmission and collection lines, pipes, and conductors associated with water, sewer, gas, telephone, cable TV, or similar utilities, or with irrigation systems, and other similar facilities intended to serve a development or an individual use, including access roads and appurtenant structures necessary to facilitate the utility use.

“Administrator” means the duly appointed town of Twisp land use administrator, charged with the duties and responsibilities specified in Chapter 18.50 TMC.

“Adult family home” means a regular family home, licensed pursuant to Chapter 70.128 RCW, where staff assumes responsibility for the safety and well-being of persons not related by blood or marriage to the person or persons providing the services. A room, meals, laundry, supervision and varying levels of assistance with care are provided. The home can have two to six residents.

“Agricultural market” means a use primarily engaged in the retail sale of fresh agricultural products, grown either on or off the site of the use, and may include as incidental and accessory to the principal use the sale of factory-sealed or prepackaged food products and some limited nonfood items. This definition does not include the sale of livestock.

“Air terminal” means a facility where air passengers are taken on and dropped off, including ticket sales and accessory uses such as snack bars or small restaurants conducted within the principal station or terminal building, but excluding aircraft storage, maintenance, or repair facilities.

“Airport” means a runway having any or all of the following features: facilities for storage, supply and maintenance of aircraft; commercial uses and services such as flight instruction, charter or air freight service, herbicide or pesticide application; and facilities maintained or operated by governmental units, agencies, or private corporations.

“Airport board” means the Twisp municipal airport board.

“Airstrip” means a runway without normal airport facilities, maintained for the private use of the owner of the property on which it is located.

“Alley” means a public thoroughfare or way 20 feet or less in width that has been dedicated to the town of Twisp. Alleys provide only a secondary means of access to abutting properties.

“Amateur radio tower and antenna” means an antenna and tower that transmits noncommercial communication signals and is licensed as an amateur radio tower by the Federal Communications Commission. Guy wires for amateur radio towers are considered part of the structure for the purpose of meeting development standards.

“Amendment” means a duly authorized change in the wording, content, or substance of an adopted ordinance, map, policy document, or other regulatory document, including changes to this title as specified in Chapter 18.50 TMC.

“Animal and livestock auctions” means public auctions for animals or livestock conducted as a commercial enterprise, including accessory uses such as barns and stables therefor.

“Animal hospital” means a facility, including exterior fenced cages or yards, for veterinary care of sick or injured animals. The boarding of animals is limited to short-term care, and is accessory to the principal use. This definition does not include kennels.

“Animal shelter” means a facility, including exterior fenced cages or yards, for the care of lost, abandoned, homeless, or injured animals, whether domestic or wild.

“Antenna” means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals.

(1) “Omni-directional antenna” (also known as a “whip antenna”) means an antenna that transmits and receives radio frequency signals in a 360-degree radial pattern. For the purpose of this title, an omni-directional antenna is up to 15 feet in height and up to four inches in diameter.

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

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

“Appeal” means a request for review of a decision, determination, order or interpretation by the administrator or town council of any provision of this title.

“Applicant” means a person submitting an application for any permit or approval required by this title and who is the owner of the subject property or the authorized agent of the owner. In the case of mobile vendors, “applicant” means the owner of the mobile vending unit.

“Assembly, heavy” means the assembly of large prefabricated materials or components into a finished product, generally with the use of machinery or equipment.

“Assembly, light” means the assembly of small prefabricated materials or components into a finished product. Light assembly processes may not employ heavy equipment. Both materials and end products can generally be lifted by hand, without the use of forklifts or other equipment. Examples include rototillers, snowmobiles, small engines, and furniture.

“Assembly, micro” means the assembly of small prefabricated materials or components into a finished product, generally by hand. Both materials and end products can be lifted by hand; materials do not require delivery by heavy truck but can be delivered by parcel carriers such as UPS and FedEx. Micro assembly is suitable as a home business. Examples include professional, scientific, or control instruments; electrical or other technical equipment; and computers.

Assisted Living Facility. See “Boarding home” and “Congregate care.”

“Attached” means, in the case of dwellings, connected by a common vertical wall(s) or, in the case of multistory buildings, by common ceiling/floor(s). (Ord. 753 § 1 (Exh. A), 2019; Ord. 620 § 2(1), 2010)

18.10.020 “B” definitions.

“Bed and breakfast inn” means an owner occupied single-family home offering one or more lodging units on a temporary basis to travelers as defined by WAC 246-215-011.

“Binding site plan” means a planned development that does not establish lot boundaries for the purpose of subdividing for the sale of individual lots or parcels within the development. A binding site plan development must meet exemption criteria from subdivision regulations as defined in Chapter 58.17 RCW and TMC Title 17.

“Boarding home” means any home or other institution, however named, which is advertised, announced, or maintained for the express or implied purpose of providing board and domiciliary care to seven or more residents after July 1, 2000. A boarding home that was licensed to provide board and domiciliary care to three to six residents on July 1, 2000, may maintain its boarding home license as long as it is continually licensed as a boarding home. “Boarding home” shall not include facilities certified as group training homes pursuant to the Revised Code of Washington, nor any home, institution or section thereof which is otherwise licensed and regulated under the provisions of state law providing specifically for the licensing and regulation of such home, institution or section thereof. Nor shall it include any independent senior housing, independent living units in continuing care retirement communities, or other similar living situations including those subsidized by the Department of Housing and Urban Development. Boarding homes are also referred to as “assisted living facilities.”

“Boarding house” means an establishment providing both lodging and meals for not more than eight persons residing in the facility on a permanent or semi-permanent basis.

“Broadcast facility” means an establishment engaged in transmitting oral and/or visual programs, and which consists of a studio, transmitter, and antennas.

“Buffer” means a landscaped area intended to provide visual and noise separation between incompatible uses and minimize the off-site impacts of land use.

“Building” means any structure used or intended for supporting or sheltering any use or occupancy.

“Building area” means the three-dimensional space within which a structure may be built on a lot and which is defined by maximum height regulations, yard setbacks, and building coverage regulations.

“Building code” means the International Building Code and related codes as amended and adopted by the town of Twisp.

“Building coverage” means the percentage of a lot that is covered by structures.

“Building height” means the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater building height:

(1) The elevation of the highest adjoining sidewalk or finished ground surface within a five-foot horizontal distance of the exterior wall of the structure when such sidewalk or finished ground surface is not more than 10 feet above the lowest finished grade.

(2) An elevation 10 feet higher than the lowest finished grade when the highest sidewalk or finished ground surface described in subsection (1) of this definition is more than 10 feet above the lowest finished grade.

(3) In the case of communication towers, the vertical distance above the ground measured to the highest point of the communication tower.

“Building official” means that person or persons designated by the mayor or the town council to enforce the provisions of the building code and related codes, and administer the assigned provisions of this title. For the purposes of this title, “building official” means building and enforcement official.

“Bulk storage facilities” mean nonportable storage of bulk products in fixed tanks and/or enclosures.

“Bus passenger terminal” means a facility where bus passengers are taken on and dropped off, including ticket sales and accessory uses such as snack bars or small restaurants conducted within the principal station or terminal building, but excluding bus storage, maintenance, or repair facilities.

“Bus repair and storage terminal” means a facility for bus storage, maintenance, and/or repair.

“Business day” means a day and hours during which the Town Hall of Twisp would normally be open for business, excluding recognized holidays.

“Butcher shop” means a custom retail meat cutting operation. This definition does not include slaughtering but does include other accessory uses such as frozen food lockers. Butcher shops are regulated as trade uses, based on traffic and other impacts. (Ord. 753 § 1 (Exh. A), 2019; Ord. 632 § 1, 2011; Ord. 620 § 2(2), 2010)

18.10.030 “C” definitions.

“CFR” means the Code of Federal Regulations of the United States.

“Change of use” means a change from one use to another and includes the addition of a new use to an ongoing one when the new use will generate 10 percent or more of the vehicle trips generated by the use or will change the impact of the use.

“Church” means any structure or group of structures primarily used for religious services and/or instruction.

“Clear vision area” means a triangular portion of land established at a street intersection in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

“Commercial agriculture” means those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade.

“Common open space” means land within or related to development not individually owned (owned in undivided interest), which is designed and intended for the common use or enjoyment of the residents of the development. Trail systems and organized recreational activities may be included as part of the open space for lot coverage calculations.

“Community-based care” means but is not limited to the following:

(1) Home delivered nursing services;

(2) Personal care;

(3) Day-care;

(4) Nutritional services, both in-home and in a communal dining setting;

(5) Habilitation care; and

(6) Respite care.

“Community garden” means an area divided into garden plots used by individuals to grow crops for household use, and may include accessory structures such as sheds, raised beds, or greenhouses.

“Compatibility” means the congruence in terms of land uses and/or project elements to avoid, mitigate, or minimize to the greatest extent practical conflicts and to foster harmony, order, and efficiency.

“Complete application” means an application form, together with all of the accompanying documents and exhibits required by this title or by the responsible official, and all appropriate fees, having been reviewed and accepted as complete by the appropriate responsible official or his/her designee (including SEPA checklist and fee therefor as required).

“Comprehensive plan” means the town of Twisp comprehensive plan and any amendments, addenda or supplemental plans that are duly adopted by the town.

“Condition,” as pertains to land use permits, means a restriction or requirement imposed by a reviewing official or body pursuant to authority granted by this title.

“Conditional use” means a use allowed in one or more zoning districts as defined in this title but which, because of characteristics peculiar to such use; because of size, hours of operation, technical processes or equipment; or because of the exact location with reference to surroundings and existing improvements or demands upon public facilities, requires a special permit in order to provide a particular degree of control to make such use consistent and compatible with other existing or permissible uses in the same zone or zones.

“Condominium, residential” means a multifamily residential use in which the dwelling units are owned individually.

“Condominium, time-share” means a multifamily dwelling unit in which the individual dwelling units are owned or intended to be owned by several or more owners, with each owner having the right to said dwelling unit for a specific period of time during each calendar year.

Conference Center. See “Resort.”

“Congregate care” means a non-nursing facility where staff assumes responsibility for the safety and well-being of persons not related by blood or marriage to the person or persons providing the services. These facilities are required by state regulations to provide daily meals or lodging and must be licensed as boarding homes. The facility can have three or more residents.

Convalescent Home/Care Facility. See “Nursing home.”

Convention Center. See “Resort.”

“Correctional institution” means a public or private facility providing for the confinement of juvenile offenders; for the incarceration, confinement or detention of individuals arrested for or convicted of a crime; or for the punishment, correction and/or rehabilitation of individuals convicted of crimes whose freedom is restricted.

“Council” means the town council of Twisp, Washington.

“County” means Okanogan County.

“Cultural, recreational, and entertainment facility, large” means an auditorium, theater, lodge, library, museum, or other place of assembly not otherwise listed designed to accommodate more than 500 people. This definition does not include dance clubs, stadia, and sports arenas.

“Cultural, recreational, and entertainment facility, mid-size” means an auditorium, theater, lodge, library, museum, or other place of assembly not otherwise listed designed to accommodate fewer than 500 people and providing at least one parking space per 100 square feet of gross floor area.

“Cultural, recreational, and entertainment facility, small” means an auditorium, theater, lodge, library, museum, or other place of assembly not otherwise listed designed to accommodate not more than 150 people and providing fewer than 10 off-street parking spaces. Examples include the Twisp Valley Grange and the Merc Playhouse. (Ord. 753 § 1 (Exh. A), 2019; Ord. 724 § 2, 2017; Ord. 620 § 2(3), 2010)

18.10.040 “D” definitions.

“Data mining operation” means a facility containing four or more computers/servers designed and operated to “mine” data via the internet.

“Day” means calendar day unless specified as a business day and except in the case of the term “day-use.”

“Day-care facility” means a facility licensed by the state regularly providing care for a group of children for periods of less than 24 hours. Separate requirements may be adopted for the following subcategories of day-care facilities:

(1) “Family day-care home” means a day-care facility that regularly provides care during part of the 24-hour day to fewer than seven children in the family abode of the person or persons under whose direct care the children are placed.

(2) “Mini day-care center” means a day-care facility for the care of 12 or fewer children in a place other than the family abode of the person or persons under whose direct care and supervision the children are placed, or the care of more than six but fewer than 13 children in the family abode of such person or persons.

(3) “Day-care center” means a day-care facility providing care to 13 or more children. State law provides that no such center shall be located in a private family residence unless the portion of the residence to which the children have access is used exclusively for the children during the hours the center is in operation or is separate from the usual living quarters of the family.

“Day-use” means not intended for overnight use.

“Dedication” means the conveyance of ownership of property, or a specific property right, via a written instrument, to a public agency/entity for a specific use or purpose, e.g., roads, parks or open space.

“Density,” with regard to residential development, means the number of dwelling units per net residential acre of land or the minimum number of square feet that must be included in a development for each dwelling unit. The term includes dwelling unit density.

“Distillation of bones” means the processing of bones into bone oil, a fetid, tarry liquid.

“District” refers to a legally established zoning district (see definition in TMC 18.10.260), overlay district or special use district and is synonymous with “zone” for the purpose of this title.

“Divided,” with reference to land, means altered or affected in shape, size, or legal description by any transaction or action not otherwise exempt or provided for under the provisions of this title. Sale of a condominium and rental or lease of a building, facility, or structure that does not alter or affect the legal description of an owner’s land shall not constitute a division of land.

“Drive-in window” means a facility that allows customers to receive services or obtain goods while remaining in their motor vehicles.

“Driveway” means the legal method of ingress and egress (access) to a lot, parcel or tract of land for vehicular traffic. For the purpose of this title, this definition also includes the required traveled way to or through a parking lot or facility and that area located between rows of designated parking stalls.

“Duplex” means two dwelling units connected by a common vertical wall or, in the case of a multistory building, by common ceiling and floor, all in a single structure.

“Dwelling” means a building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation, for not more than one family. This definition specifically excludes recreational vehicles.

“Dwelling, single-family” means a structure, or portion thereof, designed to contain a single dwelling unit. Single-family dwellings are further classified by the nature of their construction as follows:

(1) “Site built” means a dwelling constructed on the site to be occupied by the structure and which is permanently affixed to the ground by footings and foundation.

(2) Modular Home. See “Modular home.”

(3) Manufactured Home. See “Manufactured home.”

(4) Mobile Home. See “Mobile home.”

Dwelling Unit. See “Dwelling.” (Ord. 753 § 1 (Exh. A), 2019; Ord. 620 § 2(4), 2010)

18.10.050 “E” definitions.

“Easement” means a legally granted right to make limited use of another’s real property.

“Electrical distribution substation” means an assembly of equipment designed to receive energy from a high voltage distribution supply system to convert it to a form suitable for local distribution and to distribute the energy to feeders through switching equipment designed to protect the service from the effects of faults.

“Equipment, heavy” means vehicles or machines capable of lifting or altering heavy objects, moving large quantities of earth or stone, extracting natural resources, or harvesting, planting or maintaining agricultural products, and other vehicles or machines performing large-scale work tasks. Heavy equipment includes, but is not limited to, backhoes, bulldozers, concrete mixing and pumping trucks, compactors/rollers, cranes, dozers, dump trucks, earth scrapers, log haulers, farm implements and tractors, pavement breakers, pile drivers, portable crushers, trailer-mounted woodchoppers, and other pieces of equipment that generate similar levels of noise. This definition does not include recreational vehicles or boats and their trailers.

“Equipment shelter or cabinet” means a room, cabinet or building used to house equipment for utility or service providers.

“Essential public facilities” means and includes 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, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020. (Ord. 753 § 1 (Exh. A), 2019; Ord. 620 § 2(5), 2010)

18.10.060 “F” definitions.

“Factory-built home” means a residential structure constructed in a factory with factory-assembled parts and transported to the building site in whole or in units. Factory-built homes are constructed to the standards of the International Building Code. The completed structure is not considered a manufactured home.

“Family” means an individual or two or more persons related by blood, marriage, registered domestic partnership, adoption or legal guardianship, living together in a dwelling unit; or a group of not more than five unrelated persons living together in a dwelling unit. Persons with functional disabilities, as defined in this title, shall be considered the same as related individuals.

“Fence” means an arrangement of wood, metal, wire, mesh, or other nonliving materials running around, along, or by the side of any open area to prevent or restrict passage in or out, or to serve as a visual barrier.

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

“Finding” is a conclusion of fact reached by the reviewing official or decision-making body in a review process and based on the evidence available therein.

“Floodplain” means the 100-year floodplain, being that area with a one percent chance of being inundated by stream-derived waters in any given year. The limit of this area shall be based on the town’s flood ordinance regulation maps.

“Foundation” means a building foundation as defined in the latest edition of the International Building Code promulgated by the International Code Council as adopted by the town of Twisp.

“Fuel, oil, and coal distribution” means the storage and sale of fuel, oil, kerosene, gases or liquefied petroleum gases, or coal in containers over five gallons’ capacity or in bulk; and entails storage and sale of materials that are flammable, explosive, or toxic. This definition does not include service stations.

“Fuel, oil, and kerosene, package sales” means the storage and sale in approved metal containers not over five gallons’ capacity of fuel, oil, or kerosene, or gases or liquefied petroleum gases; and entails storage and sale of materials that are flammable, explosive, or toxic.

“Full-time-equivalent” means an employment opportunity that can be shared between more than one employee, working on a part-time basis, not to exceed a total of 40 hours per work week between all employees. Home businesses are allowed one full-time-equivalent worker who does not reside on the premises.

“Fully shielded light fixture” means a fixture that is shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted. (Ord. 753 § 1 (Exh. A), 2019; Ord. 620 § 2(6), 2010)

18.10.070 “G” definitions.

“Garage sale” means sale by any person or persons or organization of any household goods, furniture, or other tangible items or personal property at the residence, garage, building or structure occupied by or the possession of which is under the control of the party selling or conducting the sale. No garage sale shall last over three days continuously, nor shall garage sales be conducted on any given site for more than nine days total in any calendar year.

“General contractor” means a contractor, as defined by RCW 18.27.010, whose business operations require the use of more than one building trade or craft upon a single job or project or under a single building permit. A general contractor also includes one who superintends, or consults on, in whole or in part, work falling within the definition of a contractor.

“Glare” means the reflection of harsh, bright light.

“Government office” means the place of business of any federal, state, county, or town unit of government.

“Grade” means the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.

“Gross floor area” means the total square footage of all floors in a structure as measured from the interior surface of each exterior wall of the structure, and including halls, lobbies, stairways, elevator shafts, enclosed porches and fully enclosed recreation areas and balconies, but excluding attic space, mechanical rooms, uncovered steps and fire escapes, private garages, carports, off-street parking and loading spaces, and basements if the ceiling is less than six feet above the basement floor.

“Groundwater” means the supply of fresh water under the surface of the ground in an aquifer that forms a natural reservoir of potable water.

“Group home” means a residence for dependent or predelinquent children that provides special care in a homelike environment. This definition does not include homes of this nature for three or fewer persons (excluding house parents).

“Growth Management Act” means Washington State’s Growth Management Act, Chapter 36.70A RCW. (Ord. 620 § 2(7), 2010)

18.10.080 “H” definitions.

“Habitat” means the sum of all environmental factors of a specific place necessary for the support or sustenance, on a permanent or temporary basis, of an organism, species, population or community.

“Halfway house” means a residence for juvenile delinquents and adult offenders leaving correctional and/or mental institutions, or leaving rehabilitation centers for alcohol and/or drug users, that provides residentially oriented facilities for the rehabilitation or social adjustment of persons who need supervision or assistance in becoming socially reoriented but who do not need institutional care.

“Hazard tree” means any tree that constitutes a hazard to life and property, or that harbors insects or disease that constitute an imminent threat to other trees within the town or to orchards within or beyond the town.

“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 (RCW 70.105.010).

“Hazardous waste” means those solid wastes designated by 40 CFR Part 261, and regulated as hazardous and/or mixed waste by the United States Environmental Protection Agency, and includes all dangerous and extremely hazardous waste as defined by Chapter 173-303 WAC, including substances composed of both radioactive and hazardous components.

Height. See “Building height.”

“Helipad” means a designated touchdown spot for short-term occasional use by helicopters.

“Heliport” means any helicopter landing sites other than a helipad or a site for one, privately owned, noncommercial helicopter. The heliport may include maintenance, refueling, repair, or storage facilities.

“Hobby kennel” means a noncommercial kennel at or adjacent to a private residence where adult dogs or cats are maintained for purposes other than breeding.

“Home business” means a home-based business conducted as an accessory use appurtenant to a residence, as regulated in TMC 18.20.070.

“Hospital” means an institution providing clinical, temporary, and emergency services of a medical or surgical nature to human patients, which is licensed under state law to provide facilities and services for surgery, obstetrics, and general medical practice as distinguished from clinical treatment of mental and nervous disorders.

“Hotel” means an establishment primarily engaged in providing short-term lodging, typically housed in a single structure, and which may offer food and beverage services, recreational services, conference rooms and convention services, laundry services, parking, and other services.

“Household animal” means a domestic dog (Canis familiaris), domestic cat (Felis catus), or any other animal commonly or normally kept or owned in association with a residential dwelling unit and generally kept or housed within the interior of the dwelling unit, including such animals as hamsters, mice, gerbils, guinea pigs, nonvenomous snakes and other small nonvenomous reptiles and amphibians, parakeets, canaries, finches, and other songbirds, and fish. (Ord. 620 § 2(8), 2010)

18.10.090 “I” definitions.

“Impact” means the effect on other uses and on the public health, safety, general welfare or interest of the town of Twisp and the citizens thereof.

“Impervious surface” means any horizontal surface that reduces or prevents absorption of stormwater into the ground.

“Industrial use” means manufacturing, processing, warehousing, storage, distribution, shipping and other related uses.

“Inn” means an establishment primarily engaged in providing short-term lodging and which may offer food and beverage service, recreational services and other services.

“Intensity” means the combination of factors (such as visual appearance and building size; traffic generation, noise, dust, and light; and economic value) associated with a particular use that determines the potential impact of that use. The higher the intensity, the greater the possible impact on neighboring land uses. Generally the intensity of a land use will determine its compatibility with other types of land uses. (Ord. 632 § 1, 2011; Ord. 620 § 2(9), 2010)

18.10.100 “J” definitions.

“Junk” means all abandoned, wrecked, dismantled, or inoperative vehicles which are not properly cared for, stored, licensed, or maintained, including all vehicles that have been inoperative for more than 30 consecutive days, any motor vehicle that has been unlicensed for more than 30 consecutive days, defective motor vehicle parts, inoperable and defective appliances and parts thereof, metal portions of inoperable machinery, broken glass, empty glass, plastic or metal containers, scrap lumber, broken furniture, any items of personal property which are not properly stored and maintained, and other wastes and/or discarded materials. The existence of junk on any premises other than a permitted landfill, recycling center, or recycling drop-off station constitutes a nuisance and is regulated by Chapter 8.05 TMC.

“Junkyard” means an open area on any premises devoted wholly or in part to the storage, buying, selling, disassembling or handling of scrap iron and other metals, paper, rags, rubber tires, cans, bottles or other material commonly known as junk or defined as junk in this title or as a nuisance in Chapter 8.05 TMC. Junkyards are not permitted in the town of Twisp. (Ord. 620 § 2(10), 2010)

18.10.110 “K” definitions.

“Kennel” means a commercial establishment (including a residence) in which three or more dogs or cats, more than one year old, are housed, kept, groomed, bred, boarded, trained or sold. This definition does not include hobby kennels. (Ord. 620 § 2(11), 2010)

18.10.120 “L” definitions.

“Land” means any lot, parcel, or tract of real property.

“Land use” means the method or manner in which land and structures are occupied or utilized.

“Land use administrator” means the individual appointed by the mayor, with confirmation by the town council, to carry out the duties and responsibilities specified in Chapter 18.50 TMC.

“Land use permit” means an administrative permit, conditional use permit, or planned development permit, or any other written authorization for development or modification of development as defined in this title or in TMC Title 17 or any subsequent revision thereto.

“Landfill” means a disposal site or part of a site at which waste is placed in or on land and which is not a land spreading disposal facility.

“Landmark” means a prominent and identifying feature of the landscape.

“Landscaping” means plants and nonliving landscape elements used for aesthetic enhancement or to diminish the impacts of a use.

“Large domestic animal” means a horse, pony, mule, dairy cow, steer, sheep, goat, llama, ostrich, emu or other large animal domesticated by humans to live in a tame condition or fenced yard.

“Loading space” means space for the temporary parking of a vehicle while loading or unloading persons, merchandise, or materials, and which abuts a street, alley, or other appropriate means of access and egress.

“Lot” means a division of land:

(1) Having defined boundaries and shown on a final plat or short plat officially recorded in the Okanogan County auditor’s office; or

(2) Which is a legally recognized prior division or parcel under the provisions of the town of Twisp’s subdivision ordinance or short plat ordinance.

“Lot area” means the total horizontal area (in square feet) within the boundary lines of a lot.

“Lot coverage” means the percentage of a lot that is covered by structures and other impervious surfaces (excluding parking areas and roadways).

“Lot line, front” means, in the case of an interior lot, the property line separating the lot from the road. For the purpose of establishing the front lot line for a corner lot, the front lot line shall be the property line with the narrowest street frontage, except the building official, or his or her designee, shall designate the front lot line for corner lots in residential districts.

“Lot line, rear” means the property line that is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of triangular or trapezoidal lots, the rear line of which is formed by two or more lines, the following shall apply:

(1) For a triangular or gore-shaped lot, a line 10 feet in length within the lot and farthest removed from the front lot line and at right angles to the line comprising the depth of such lot shall be used as the rear lot line.

(2) In the case of a trapezoidal lot, the rear lot line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the actual rear lot line.

(3) In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot.

“Lot line, side” means any lot boundary line that is not a front or rear lot line.

“Lot width” means the horizontal distance between the side lot lines measured at right angles to the line comprising the depth of the lot at a point midway between the front and rear lot lines. (Ord. 620 § 2(12), 2010)

18.10.130 “M” definitions.

“Macro facility” means an attached wireless communication facility that 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 single-family dwelling built according to the U.S. Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, which is a national preemptive building code. A manufactured home also:

(1) Includes plumbing, heating, air conditioning, and electrical systems;

(2) Is built on a permanent chassis; and

(3) Can be transported in one or more sections with each section at least eight feet wide and 40 feet long when transported, or when installed on the site is 320 square feet or greater (RCW 59.20.030).

A manufactured home bears an insignia issued by a state or federal regulatory agency indicating that the structure complies with all applicable construction standards of the definition of a manufactured home.

“Manufactured home park” means any plot of ground upon which two or more manufactured homes are lawfully occupied as dwellings, regardless of whether a charge is made for such accommodation.

“Manufacturing” means the process of transforming materials or substances into new products using chemical or mechanical processes.

“Manufacturing, heavy” means manufacturing uses not otherwise defined in this title that employ processes that generate noxious or objectionable noise, smoke, dust, vibration, odor, or concussion. Heavy manufacturing may involve bulk handling of products, large amounts of storage and warehousing, and outdoor storage and processing. Heavy manufacturing typically requires the use of heavy equipment. Materials may be delivered, and end products taken away, by heavy truck. While other uses may be sited in heavy manufacturing zoning districts, permits for such uses should not be issued if said uses will discourage use of adjacent sites for heavy industry, interrupt the continuity of industrial sites, or produce traffic in conflict with industrial uses.

“Manufacturing, light” means processing or fabrication of materials involving methods or manufacturing processes that do not generate noxious or objectionable impacts such as noise, smoke, dust, vibration, odor, or concussion; do not require the use of heavy equipment; and do not involve outdoor storage of bulk materials or heavy equipment. Both raw materials and end products can generally be lifted by hand, without the use of forklifts or other equipment; materials do not require delivery by heavy truck but can generally be delivered by parcel carriers such as UPS and FedEx. Light manufacturing is suitable for home businesses.

“Manufacturing, medium” means processing or fabrication of materials involving methods or manufacturing processes that do not generate noxious or objectionable impacts such as noise, smoke, dust, vibration, odor, or concussion; do not require the use of heavy equipment; and do not involve outdoor storage of bulk materials or heavy equipment. Efficient operation may involve using a forklift or other equipment to move raw materials and end products; materials may be delivered, and end products may be taken away, by heavy truck.

“May” is permissive, not mandatory.

“Medical clinic” means a facility for the medical examination and treatment of human patients, but without provision for keeping such patients overnight on the premises.

“Micro facility” means an attached wireless communication facility, operating in compliance with FCC regulations and within the specified bandwidth for unlicensed devices, that consists of antennas equal to or less than four feet in height (except omni-directional antennas which may be up to six feet in height) and with an area of not more than 580 square inches in the aggregate (e.g., one-foot diameter parabola or two-foot by one-and-one-half-foot panel) as viewed from any one point.

“Microbrewery” means a combination retail, wholesale and manufacturing business that brews and serves beer and/or food on the premises. Microbreweries shall have a production capacity not to exceed 15,000 U.S. barrels per year.

“Mini-mart” means a use that combines retail food sales with take-out food service.

“Mixed-use development” means the use of land or a structure for two or more different uses.

“Mobile home” means a factory-built dwelling built prior to June 15, 1976, which does not meet applicable requirements of the U.S. Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act; designed to be transportable in one or more sections; and built on a permanent chassis. Mobile homes do not include modular homes, manufactured homes, factory-built housing, commercial coach, recreational vehicle or motor homes.

“Mobile home park” means any plot of ground upon which two or more mobile homes are lawfully occupied as dwellings, regardless of whether a charge is made for such accommodation.

“Mobile vendor” means a permitted vendor of prepared food, beverages, or retail goods operating from a transportable structure, truck, van, or cart approved by the town of Twisp. Sale of alcoholic beverages is specifically excluded.

“Modification” means any change or alteration in the occupancy, arrangement, placement, or construction of any existing use, structure, or associated site improvement, and any change or alteration of land.

“Modular/factory-built home” means a structure constructed in a factory in accordance with the International Building Code and bearing the appropriate insignia indicating such compliance. This definition includes prefabricated, panelized, and factory-built units.

“Motel” means an establishment primarily engaged in providing short-term lodging, and which may offer food and beverage services, recreational services, laundry services, and other services, but which does not offer conference rooms, convention services, or parking services.

“Multifamily use” or “multifamily dwelling” means two or more single-family dwellings located on a single lot; or one or more duplexes, triplexes or multifamily dwellings located on a single lot; or any combination of two or more of the above located on a single lot.

“Municipal uses” means those uses in support of local government functions and services. For the purposes of zoning, recreational uses and utility facilities are excluded. (Ord. 753 § 1 (Exh. A), 2019; Ord. 620 § 2(13), 2010)

18.10.140 “N” definitions.

“Neighborhood commercial use” means a retail or food service outlet primarily serving those people who live and work within one-quarter mile of the use and not generating large volumes of vehicle traffic. Neighborhood commercial uses are limited to not more than 2,000 square feet of usable floor area and not more than four off-street parking spaces to meet the needs of employees and visitors, including delivery vehicles.

“Net residential acre” means 43,560 square feet minus the area in private and public streets, rights-of-way, and access easements.

“Nightly rental” means tourist accommodation in guest houses, recreational homes or cabins, or part-time residential homes; see also TMC 18.10.150 “Overnight accommodation” and “Overnight rental.”

“Nonconforming lot (legal)” means a lot, the area and dimension of which were lawful prior to adoption or amendment of the ordinance codified in this title, but which fails to conform to the present requirements of the zoning district in which it is located.

“Nonconforming structure (legal)” means a structure that was lawful prior to the adoption or amendment of the ordinance codified in this title, but which fails, by reason of such adoption or amendment, to conform to the present requirements of the zoning district in which it is located.

“Nonconforming use (legal)” means a principal use of land or structure that was lawfully established and maintained at the effective date of the ordinance codified in this title but does not conform to the allowed uses of this title for the district in which it is located.

“Nuisance” means any use, activity, or structure that interferes with the enjoyment and use of property by endangering personal health or safety, offending the human senses and/or failing to conform to the provisions, intent, or standards of the district in which the use, activity, or structure occurs or is proposed.

“Nursing home” means any home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in excess of 24 consecutive hours for three or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity are unable properly to care for themselves. Convalescent and chronic care may include but not be limited to any or all procedures commonly employed in waiting on the sick, such as administration of medicines, preparation of special diets, giving of bedside nursing care, application of dressings and bandages, and carrying out of treatment prescribed by a duly licensed practitioner of the healing arts. It may also include care of mentally incompetent persons. It may also include community-based care. Nothing in this definition shall be construed to include general hospitals or other places which provide care and treatment for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both. Nothing in this definition shall be construed to include any boarding home, guest home, hotel or related institution which is held forth to the public as providing, and which is operated to give only, board, room and laundry to persons not in need of medical or nursing treatment or supervision except in the case of temporary acute illness. The mere designation by the operator of any place or institution as a hospital, sanitarium, or any other similar name, which does not provide care for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both, shall not exclude such place or institution from the provisions of this chapter; provided, that any nursing home providing psychiatric treatment shall, with respect to patients receiving such treatment, comply with the provisions of RCW 71.12.560 and 71.12.570. (Ord. 753 § 1 (Exh. A), 2019; Ord. 620 § 2(14), 2010)

18.10.150 “O” definitions.

“Occupancy” means, with reference to modifications, the purpose for which a structure, portion of a structure, or lot is used or intended to be used. For the purposes of this title, a change of occupancy is not intended to include a change of tenants or proprietors, but is intended to indicate a change in the type of use.

“Off-street” means beyond the right-of-way of a highway, street, or alley.

“Off-street parking facility” means one or more parking spaces provided beyond the right-of-way of a highway, street, or alley.

“Office” means a facility where the primary activity is of a business-meeting or professional-service nature. The primary activity cannot be retail in nature, involving products stocked and sold on the premises.

“Office building, large” means an office building larger than 10,000 square feet in gross floor area or where more than 25 people are employed at any time.

“Office building, mid-size” means an office building from 5,000 to 10,000 square feet in gross floor area and where no more than 25 people are employed at any one time.

“Office building, small” means an office building no larger than 5,000 square feet in gross floor area and where no more than 10 people are employed at any one time.

“Open space” means any parcel, tract of land, or water feature that is essentially unimproved or improved with low-intensity noncommercial agricultural or garden uses and which has been set aside, dedicated, designated or reserved for public use or enjoyment.

“Overlay district” means a geographic area that constitutes a mapped district superimposed over the underlying zone on the official zoning map.

“Overnight accommodation” means a single-family residential dwelling unit or portion thereof, other than approved hotels, motels, inns or bed and breakfasts, rented on a nightly, weekly, or other basis less than month-to-month rental. Such uses may be within a single-family home, an accessory dwelling unit, condominium, multifamily or mixed/commercial use building and generally have an owner/occupant, on-site management or contact.

“Overnight rental” means a single-family residential dwelling unit on an individual lot, other than approved hotels, motels, inns or bed and breakfasts, rented on a nightly, weekly, or other basis less than month-to-month rental. Such uses may be within a single-family home, an accessory dwelling unit, condominium, and multifamily or mixed use/commercial building. Such uses are usually booked through a service or direct contact with owner and do not have on-site management. (Ord. 669 § 1, 2013; Ord. 632 § 1, 2011; Ord. 620 § 2(15), 2010)

18.10.160 “P” definitions.

“Park” means a public or privately owned area with day-use facilities or areas for outdoor passive recreational use by the public.

“Park trailer” means a vehicular unit manufactured in accordance with state requirements for park trailers, and bearing the appropriate insignia of the Washington State Department of Labor and Industries.

“Parking angle” means the angle formed by a parking stall and the edge of a parking bay, wall or driveway of a parking facility, ranging from zero to 90 degrees.

“Parking bay” means the section of a parking facility containing a driveway and one or two rows of parking stalls.

“Parking facilities” means that part of a property developed and devoted for the parking of vehicles.

“Parking space or parking stall” means an off-street area that is developed, maintained, and used for the temporary storage of one motor vehicle.

“Party of record” means the applicant and any other person who has submitted written comment on any action or proposed action, or who has appeared at a public hearing or public meeting and signed an official register requesting notice of further action.

“Path” means a cleared way for pedestrian and/or bicycle transportation and which may or may not be paved.

“Performance standard” means a criterion used to evaluate the impacts of a given use for the purpose of regulating uses to protect the interests of the town and its citizens.

“Permit” means written government approval issued by an authorized official or body empowering the holder thereof to take some action permitted only upon issuance of written approval.

“Person with functional disabilities” means:

(1) A person who, because of a recognized chronic physical or mental condition or disease, is functionally disabled to the extent of:

(a) Needing care, supervision or monitoring to perform activities of daily living; or

(b) Needing supports to ameliorate or compensate for the effects of the functional disability so as to lead as independent a life as possible; or

(c) Having a physical or mental impairment that substantially limits one or more of such person’s major life activities; or

(d) Having a record of having such an impairment; or

(2) Being regarded as having such impairment, but such term does not include current, illegal use of or active addiction to a controlled substance.

“Place of worship” means a structure or group of structures primarily used for religious services and/or instruction.

“Planned development” means development for which a planned development permit has been issued as specified in Chapter 18.45 TMC and which is developed according to a single site plan and written program that may contain one or more clusters of structures with appurtenant common areas.

“Planning commission” means the duly constituted and appointed town of Twisp planning commission.

“Preliminary approval” means the conferral of certain rights, prior to final approval, after specific elements of a written program and site plan have been reviewed by the Twisp planning commission and approved by the town council and agreed to by the applicant.

“Premises” includes the land, buildings, parking, access and adjoining sidewalks.

“Preschool” means a school for children between the ages of one through six years, or any portion thereof, offering schooling not beyond the grade of kindergarten.

“Primary utilities” means transmission, collection, production, or treatment facilities that are generally regional or areawide in scope and provide the primary service to a large area. Primary utilities include primary transmission facilities related to hydropower and communications, and distribution or collection systems for water, sewer mains, gas and oil pipelines, and wastewater and water treatment plants.

“Principal dwelling” means the residential structure that contains the principal use on a lot.

“Prohibited animal” means any animal listed under the heading “Prohibited Animals” in TMC 18.20.180(1)(d).

“Property owner” means the legal owner or owners of a piece of real property.

“Property owners’ association” means a community association in which individual owners share ownership or maintenance responsibilities for open space or facilities.

“Public hearing” means a meeting open to the public that is announced and advertised in advance and at which the public is given the opportunity to participate and testify on a particular issue, application, petition, or proposal.

“Public transportation shelter station” means a structure for the protection from the elements of the waiting customers of a public transportation system.

“Public utility installation” means an equipment installation for utility and service purveyors including, but not limited to, telephone exchanges, electrical substations, water reservoirs, pump stations, and similar facilities of service providers.

“Public utility service and storage yards” means a facility for storage, maintenance, and/or repair of public utility vehicles and other equipment. (Ord. 753 § 1 (Exh. A), 2019; Ord. 620 § 2(16), 2010)

18.10.170 “Q” definitions.

Reserved. (Ord. 620 § 2(17), 2010)

18.10.180 “R” definitions.

“Recreational vehicle” or “RV” means a vehicular-type unit primarily designed for recreational camping, travel, or seasonal use, which has its own motive power or is mounted on or towed by another vehicle. The basic entities are: travel trailer, folding camping trailer, park trailer, truck camper, motor home, and multi-use vehicles. Recreational vehicles also include boats, snowmobiles, and other recreational equipment on or carried by a trailer.

“Recreational vehicle park, commercial” means a commercial facility for the temporary parking of two or more recreational vehicles. This definition does not include land zoned and used for the display or sale of recreational vehicles. For the purposes of this definition, “temporary parking” means the placement of a recreational vehicle on a single site for 180 days or less in any 12-month period.

“Recycling center” means a facility where discarded household products such as aluminum and tin cans, glass, paper, and other similar individual consumer products are deposited and stored for future reprocessing. (This definition does not include recycling drop-off stations.)

“Recycling drop-off station” means a facility or area for consumer deposit of small recyclable household items (glass, paper, aluminum, etc.) in enclosed containers that are collected and emptied on a regular basis (not less often than weekly), without processing, crushing or other handling, and which does not create a nuisance due to odor, noise, appearance, or rodent or insect attraction.

“Residential care facility” means a facility, not licensed pursuant to Chapter 70.128 RCW, which provides domiciliary care for at least five but not more than 15 functionally disabled persons.

“Resort” means a commercial establishment primarily engaged in providing short-term lodging, typically housed in more than one structure, and which offers food and beverage services and some combination of recreational services, conference rooms, convention services, parking services, and laundry services, and may offer other services.

“Restaurant” means a commercial establishment operated primarily for preparing, cooking, and serving meals, with the serving of beverages as incidental thereto.

“Retail” means involved in the sale of goods or services in small quantities to consumers.

“Retirement home” means an establishment providing domestic care for elderly persons who are not in need of medical or nursing treatment except in the case of temporary illness, developed and operated in compliance with all federal, state, and local regulations. This definition does not include nursing, convalescent, or rest homes, hospitals, or sanitariums.

“Reviewing official” means the building and enforcement official, the administrator, or a commission or legislative body of the town, when engaged in any review or approval procedure under the provisions of this title.

“Rezone” means to change the zoning district classification of a particular lot(s) or parcel(s) of land.

Right-of-Way. See “Right-of-way, public.”

“Right-of-way, public” means land deeded or dedicated to, or purchased by, the town of Twisp or another unit of government for existing or future public pedestrian or vehicular access.

“Road, arterial” means a public road designated as either a state highway or community arterial in the transportation element of the town of Twisp comprehensive plan.

“Road, local access” means a public road not designed as an arterial and which is designated as a collector street or residential access in the transportation element of the town of Twisp comprehensive plan. The primary purpose of a local access road is to connect property along the local access road with the arterial road system.

“Road, private” means a road not designed, built, or maintained by the town of Twisp, the Washington State Department of Transportation, or any other political subdivision. This definition does not include driveways.

“Road, public” means a physically improved public right-of-way, including but not limited to surfacing, curbs, gutters and drainage facilities, maintained and kept open by the town of Twisp, Okanogan County, or the state of Washington for public vehicular and pedestrian use. (Ord. 620 § 2(17), 2010)

18.10.190 “S” definitions.

“School” means a structure and accessory facilities in which prescribed courses are taught. This definition includes elementary, junior high or high schools and institutions of higher learning, but does not include commercial schools, nursery schools, kindergartens, or day-care facilities/centers, except when operated in conjunction with a public or private school as defined herein.

“School or college, post-secondary, nonresidential” means a public or private college, business school, trade school, vocational school, or similar institution, without students in residence, offering training in specific fields, primarily to students who have completed secondary education.

“School, private” means a preschool, specialized school, private post-secondary school or college, or other nonpublic educational institution.

“School, public” means a public educational institution offering primary and/or secondary education.

“School, specialized” means a music conservatory, dancing school, martial arts studio, or similar organization, without students in residence, offering instruction in one or more specific fields.

“School, vocational or trade” means a commercial school for teaching arts, crafts, or trades.

“Server farm” means a collection of computer servers, usually maintained by an organization to supply server functionality far beyond the capability of a single machine. Server farms consist of dozens, hundreds or thousands of computers which require a large amount of power to run and to keep cool. Server farms are typically collocated with the network switches and/or routers which enable communication between the different parts of the cluster and the users of the cluster. Server farmers typically mount the computers, routers, power supplies, and related electronics on 19-inch racks in a server room or data center.

“Service station” means a retail facility to supply motor fuel and other petroleum products to motor vehicles, and may include lubrication and minor repair services and incidental sale of motor vehicle accessories.

“Setback, front” is the minimum horizontal distance measured perpendicularly from the property line to the nearest protrusion (including roof line) of a structure.

“Setback, side and rear” is the minimum horizontal distance measured perpendicularly from the nearest property line to the nearest protrusion (including roof line) of a structure; except, that a side setback on a corner lot, along the adjacent right-of-way, shall be measured perpendicularly from the centerline of the right-of-way.

“Sexually oriented business” means an establishment or premises having as a substantial or significant portion of its stock-in-trade books, magazines, or other printed matter, pictures, graphics, or other materials or paraphernalia, or video movies, films, photographs, live appearances, or performances that are distinguished or characterized by their emphasis on matters depicting, describing, or related to “specified anatomical areas” or “specified sexual activities,” as defined herein.

“Sign” means any medium, including its structure and component parts, that is used or intended to be used to attract attention to the subject matter for advertising purposes.

“Significant tree” means a healthy evergreen or deciduous tree measuring 12 inches or more in diameter at breast height (dbh) or unique because of its species, location, size or condition, including any heritage, rare, threatened, or endangered tree of any size as defined or designated under state or federal law.

“Single-family tourist accommodation” means a single-family residential dwelling unit, including single-family dwellings or condominiums, or a dwelling unit in a duplex or multifamily building, rented for transient or tourist use on a nightly, weekly or other basis less than month-to-month rental, and shall include time-share ownership (see “Condominium, time-share”).

“Site improvement” means any structure or other addition to land, including construction of roadways, utilities or other improvements on the property.

“Site improvement, required” means any specific design, construction, or site improvement that is required as a condition of approval for any permit issued under the provisions of this title or that is a part of any site plan approved under the provisions of this title.

“Site plan, detailed” means a general site plan incorporating such additional factors as landscaping, drainage, and others as may be specified.

“Slaughterhouse” means the premises of a firm regularly engaged in the slaughter of animals under approved inspection. Slaughterhouses are not permitted in the town of Twisp; see regulations related to animals in TMC 18.20.180.

“Small domestic animal” means a rabbit or domestic fowl; or a pig or lamb in its first year of life. This definition does not include ostriches, emus, and other large birds.

“Specialty contractor,” as defined by RCW 18.27.010, means a contractor whose operations do not fall within the definition of “general contractor.” A specialty contractor may only subcontract work that is incidental to the specialty contractor’s work.

“Specified anatomical areas” means less than completely or opaquely covered: human genitals, pubic hair, and vulva; buttocks, anus; female breasts below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely or opaquely covered.

“Specified sexual activities” means human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; and fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.

“Sports and entertainment facility, large” means a stadium, sports arena, or other place of assembly not otherwise listed designed to accommodate more than 500 people participating in active recreation or watching sporting events. This definition does not include dance clubs; see “Trade, high-traffic.”

“Sports and entertainment facility, mid-size” means a stadium, sports arena, or other place of assembly not otherwise listed designed to accommodate fewer than 500 people participating in active recreation or watching sporting events, and providing at least one parking space per 100 square feet of gross floor area. This definition does not include dance clubs; see “Trade, high-traffic.”

“Sports and entertainment facility, small” means a stadium, sports arena, or other place of assembly not otherwise listed designed to accommodate not more than 150 people participating in active recreation or watching sporting events. This definition does not include dance clubs; see “Trade, high-traffic.”

“Storage container” means a unit originally or specifically used or designed to store goods or merchandise during shipping or hauling by a vehicle, including but not limited to rail cars of any kind, truck trailers or multi-modal shipping containers; does not include apple bins, wooden or cardboard shipping crates or similar items.

“Street” means any public or private road.

“Structural alteration” means: (1) any change in a major component or other supporting member of the structure, including foundations, bearing walls, beams, columns, floor or roof joists, girders, or rafters; or (2) any change in the exterior lines or configuration of a structure if such changes result in the enlargement of the structure.

“Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner to exclude fences six feet and less in height (per the International Building Code).

“Structure, temporary” means a permitted structure whose bearing components are not permanent in nature, which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased. (Ord. 753 § 1 (Exh. A), 2019; Ord. 620 § 2(18), 2010)

18.10.200 “T” definitions.

“Take-out food service” means counter-only sales of prepared food or beverages for consumption off the premises.

“Temporary building or structure” means a building or structure not having or requiring permanent attachment to the ground or other structures.

“Temporary market or vendor” means an occasional, temporary commercial sales activity held within a building, structure, vehicle, trailer or open area where an individual or groups of individual sellers offer food or goods, new and used, for sale to the public. This definition does not include the sale of livestock, sale of automobiles or vehicles of any kind, private garage sales, or special events such as a car show or arts festival.

“Town council” means the town council of Twisp, Washington.

“Townhouse” means a dwelling unit designed exclusively for occupancy by one family, occupying space from the ground to the roof and not lying vertically under or over adjacent units, and attached to one or more other dwelling units by common vertical fire walls. Each unit is located on its own individual legal lot of record and has its own independent access and its own front and rear yards.

“Trade, equipment” means provision of services, including storage and repair, or sale of goods involving equipment typically displayed in outdoor parking areas, such as automobiles, motorcycles, farm equipment, and boats.

“Trade, heavy” means provision of services, including storage and repair, or sale of goods involving more than 10 trips per day, on average, by vehicles greater than 10,000 pounds gross vehicle weight.

“Trade, high-traffic” means provision of services, including storage and repair, or sale of goods, including prepared food and alcoholic beverages for consumption on the premises, involving more than 100 vehicular trips per business day, on average, by passenger cars or other vehicles under 10,000 pounds gross vehicle weight, and no more than occasional deliveries by vehicles greater than 10,000 pounds gross vehicle weight. This definition includes dance clubs.

“Trade, low-traffic” means provision of services, including storage and repair, or sale of goods, including prepared food for consumption on the premises, involving 100 vehicular trips or fewer per business day, on average, by passenger cars or other vehicles under 10,000 pounds gross vehicle weight, and no more than occasional deliveries by vehicles greater than 10,000 pounds gross vehicle weight.

“Trail” means a cleared way for pedestrian and/or bicycle transportation and which may or may not be paved.

“Travel trailer” means a trailer or other unit designed as a temporary dwelling for travel or recreational uses and which is moved upon public streets and highways and is 35 feet or less in length and eight feet or less in width.

“Twisp municipal airport board” means the body formed in accordance with the town of Twisp Resolution No. 90-208 having the authority to construct, enlarge, improve, maintain, equip, operate, and regulate the airport facility subject to the policies, rules, and regulations of the town, and charged with the duties and responsibilities specified in Chapter 18.50 TMC. (Ord. 753 § 1 (Exh. A), 2019; Ord. 669 § 2, 2013; Ord. 620 § 2(19), 2010)

18.10.210 “U” definitions.

“Use” means the activity or purpose for which land or structures, or a combination of land and structures, are designed, arranged, occupied or maintained together with any associated site improvement. This definition includes the construction, erection, placement, movement, or demolition of any structure or site improvement and any physical alteration to land itself including any grading, leveling, paving or excavation. “Use” also means any existing or proposed configuration of land, structures, and site improvements, and the use thereof.

“Use allowed by right” means a use specified in the district use chart in Appendix A of this title as allowed in a given zoning district.

“Use district” means a portion of the town of Twisp within which certain uses of land and structures are permitted and certain other uses of land and structures are prohibited, certain yards and other open space may be required, and specific lot areas are established, all as set forth and specified in this title.

Use, Modification of. See “Modification.”

“Use, principal” means the primary or predominant use to which a structure, part of a structure, or a lot is or may be devoted.

“Utilities” are those businesses, institutions, or organizations that use pipes, wires or conductors in, under, above, or along streets, alleys or easements to provide a product or service to the public, including sewer, water, power, phone and cable communications services.

“Utility pole” means a pole erected for the primary purpose of enabling telephone or electric service. Conforming utility poles may be used to support one or more antennas in compliance with all applicable regulations.

“Utility services” means facilities operated by utilities but not including local transmission and collection lines, pipes, and conductors. Such facilities include, but are not limited to, electrical power substations, water reservoirs, and sewage treatment plants. (Ord. 620 § 2(20), 2010)

18.10.220 “V” definitions.

“Variance” means a modification of the specific regulations of this title in accordance with the terms of this title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zoning district.

“Vehicular trip” means a round trip, including the arrival and departure of a vehicle to and from a destination. For example, one vehicle making a delivery and then leaving immediately would be considered one trip. (Ord. 620 § 2(21), 2010)

18.10.230 “W” definitions.

“WAC” means the Washington Administrative Code.

“Water system” means any water system or water supply used for human consumption or other domestic uses. This definition includes source, treatment, storage, transmission and distribution facilities. (Ord. 753 § 1 (Exh. A), 2019; Ord. 620 § 2(22), 2010)

18.10.240 “X” definitions.

Reserved. (Ord. 620 § 2(23), 2010)

18.10.250 “Y” definitions.

“Yard” means an open space other than a court, on the same lot with a structure.

“Yard, front” means the open area extending along and parallel to the entire length of the front lot line and measured from the property line to the structure.

“Yard, rear” means the open area at the back of the structure extending the entire width of the lot and measured from the structure to the rear property line.

Yard Sale. See “Garage sale.”

“Yard, side” means an open area between the side of a structure and a side lot line. (Ord. 620 § 2(23), 2010)

18.10.260 “Z” definitions.

“Zoning district” means a portion of the town of Twisp within which certain uses of land and structures are permitted and certain other uses of land and structures are prohibited, certain yards and other open space may be required, and specific lot areas are established, all as set forth and specified in this title. The term “zone” refers to a zoning district and is interchangeable with “district.”

“Zoo” means a place where nondomesticated animals are kept, often in a combination of indoor and outdoor spaces, and viewed by the public. (Ord. 620 § 2(24), 2010)