Chapter 17.09
DEFINITIONS

Sections:

17.09.010    Interpretation of language.

17.09.020    A definitions.

17.09.030    B definitions.

17.09.040    C definitions.

17.09.050    D definitions.

17.09.060    E definitions.

17.09.070    F definitions.

17.09.080    G definitions.

17.09.090    H definitions.

17.09.100    I definitions.

17.09.110    J definitions.

17.09.120    K definitions.

17.09.130    L definitions.

17.09.140    M definitions.

17.09.150    N definitions.

17.09.160    O definitions.

17.09.170    P definitions.

17.09.180    Q definitions.

17.09.190    R definitions.

17.09.200    S definitions.

17.09.210    T definitions.

17.09.220    U definitions.

17.09.230    V definitions.

17.09.240    W definitions.

17.09.250    X definitions.

17.09.260    Y definitions.

17.09.270    Z definitions.

17.09.010 Interpretation of language.

A. For the purpose of interpreting this title, certain terms or words are defined in this chapter. Except where specifically defined in this chapter, all words used in this title shall carry the customary meaning.

B. Words used in the present tense include the future and the future includes the present; the plural includes the singular and the singular includes the plural.

C. “Building” includes “structure.”

D. “Lot” includes “plot.”

E. “Occupied” or “used” shall be considered as though followed by the words “or intended,” “or arranged,” or, “or designed to be used or occupied.”

F. “Shall” is mandatory. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007].

17.09.020 A definitions.

Accessory Building. See “Building, accessory,” WRMC 17.09.030.

“Accessory dwelling unit (ADU)” means one or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit within or attached to a single-family dwelling or in a detached building on the same lot as the primary dwelling unit. An ADU is distinguishable from a duplex in that, unlike a duplex, it is clearly subordinate to the primary dwelling unit, both in use and appearance. Manufactured homes or recreational vehicles shall not be used as accessory dwelling units.

“Accessory use” means a use subordinate or incidental to the principal use of a building where such use is located on the same lot with the principal use of the building.

“Adult bookstore” means a retail establishment in which 25 percent or more of the stock in trade consists of books, magazines, periodicals, pictures, posters or other printed material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein.

“Adult family home” means a regular family abode in which a person or persons provides personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services.

“Adult mini-theater” means an enclosed building with a capacity of less than 50 persons, a portion of an enclosed building with a capacity of less than 50 persons, or an outdoor theater with a capacity of less than 50 persons used for presenting motion picture films, video cassettes, cable television or other visual media distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons therein.

“Adult motion picture theater” means an enclosed building with a capacity of 50 or more persons, a portion of an enclosed building with a capacity of 50 or more persons, or an outdoor theater with a capacity of 50 or more persons used for presenting cable television, motion picture films, video cassettes, or any other such visual media distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein, for observation by patrons therein.

“Adult panoram establishment” means any building or portion of a building which contains devices which, for payment of a fee, membership fee, or other charge, are used to exhibit or display a picture, view, or other graphic display distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein.

“Adult retail store” means a retail establishment in which 25 percent or more of the stock in trade consists of equipment, items or products distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein.

“Adult use” means any adult bookstore, adult mini-theater, adult motion picture theater, adult panoram establishment, adult retail store or live adult entertainment establishment, as defined in this chapter.

“Adult use business” means any adult bookstore, adult mini-theater, adult motion picture theater, adult panoram establishment, adult retail store or live adult entertainment establishment, as defined in this chapter, or any establishment which provides one or more of the activities listed herein. Video retail outlets that, as their sole business activity, provide take-home merchandise are specifically excluded from the scope and operation of this chapter.

“Agricultural building” means a structure designed and constructed to store farm implements or hay, grain, poultry, livestock, fruit, and other agricultural products. An agricultural building is not to be used for human habitation; processing, treating or packaging agricultural products; nor shall it be a place used by the public. Controlled atmosphere and cold storage warehouses are not agricultural buildings. An agricultural building that is permitted in conjunction with a commercial agricultural operation shall be considered a “main building” as to development requirements. Agricultural buildings not located on commercial agricultural operations are to be considered “accessory buildings” as to the development requirements.

“Alley” means a narrow service way, not less than 20 feet wide, providing a secondary public means of access to abutting properties.

“Alteration,” applied to a building or structure, means:

1. A change or rearrangement of the structural parts in the existing facilities; or

2. An enlargement or addition on a building or structure; or

3. Moving a building or structure from one location or position to another; or

4. A change of use.

“Alteration, structural” means any change of supporting members of a building such as bearing walls, columns, beams, or girders.

“Antenna” means the surface from which wireless radio signals are sent and received by a wireless communication facility.

“Apartment” means a dwelling unit in a multiple-family building.

“Apartment house” means the same as dwelling, multiple-family.

“Area, net site” means the total area within the property lines exclusive of external streets.

“Art studio” means the working place of a painter, sculptor or photographer and/or including the study of an art such as dancing, singing, acting, musical instruments, etc. An art studio does not include uses such as or similar to body painting and pornographic sales or displays.

“Auto court” means a building or group of buildings, detached or semidetached, containing rooms or apartments having automotive parking or storage space provided directly or in close proximity thereto, where such building or group of buildings is designated, intended, or used primarily for the providing of sleeping accommodations for automobile travelers. [Ord. 14-19 § 1 (Exh. A), 2019; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 24-12 § 1 (Exh. A), 2012; Ord. 40-07 § 1, 2007. Formerly 17.09.020 – 17.09.100].

17.09.030 B definitions.

“Basement” means a story partly underground, but having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if it is used for business or dwelling purposes.

“Boardinghouse” means any dwelling with less than 20 sleeping rooms in which persons either individually or as families are housed or lodged and are provided meals. A rooming house or furnished rooming house is a boardinghouse.

“Building” means a roof supported by walls or columns for the enclosure of persons, animals or property of any kind or nature.

“Building, accessory” means a supplemental building, the use of which is incidental to that of the main or principal building and which is located on the same lot.

“Building, detached” means a building surrounded by open space as required by this title.

“Building, front line of” means the line of the face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed, but does not include steps.

“Building height” means the vertical distance measured from the grade plane to the height of the eaves (excluding gable) on a pitched roof, or to the top of the parapet on a flat roof. For structures other than buildings, it is the vertical distance measured from adjacent grade to the top of the structure.

“Building line” means the line of that face or corner or part of a building nearest the property line.

“Building, main” means a building in which is conducted the principal use of the lot on which it is situated. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007. Formerly 17.09.110 – 17.09.190].

17.09.040 C definitions.

“Campground” means a parcel of land used or intended to be used, let, or rented for occupancy by campers, even though the occupancy by campers shall be trailers, tents, movable or temporary buildings, rooms, or sleeping quarters of any kind.

“Car laundry,” “car wash,” or “automatic car wash” means any structure providing equipment such as conveyors, blowers, steam cleaners, high pressure water sprayers (pressure above that maintained by the city), or other mechanical devices for the purpose of laundering motor vehicles.

“Cellar” means a story partly underground and having more than one-half of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories.

“Child care center” means an entity that regularly provides child day care and early learning services for a group of children for periods of less than 24 hours licensed by the Washington State Department of Early Learning, under Chapter 170-295 WAC.

“Clinic” means a building designed and used for the medical and surgical diagnosis and treatment of outpatients under the care of doctors and nurses.

“Club, membership” means an organization catering exclusively to members and their guests in premises and buildings for recreational, social, and athletic purposes where such operations are not conducted primarily for gain and also where there are no vending, merchandising or commercial activities except as required generally for the membership and purposes of such club.

“Co-location” means the use of a single tower by more than one licensed wireless communication carrier.

“Concealment technology” means the use of technology through which a wireless communications facility is designed to resemble an object which is not a wireless communications facility and which is already present in the natural environment, or designed to resemble or be placed within an existing or proposed structure.

“Container storage” means a unit originally or specifically used or designed to store goods or other 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.

“Coverage” means that percentage of the plot or lot area covered by the building area.

“Curb level” means the officially established grade of the curb in front of the midpoint of the lot. [Ord. 14-19 § 1 (Exh. A), 2019; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 35-14 § 1, 2014; Ord. 24-12 § 1 (Exh. A), 2012; Ord. 19-12 § 1 (Att. A), 2012; Ord. 40-07 § 1, 2007. Formerly 17.09.200 – 17.09.290].

17.09.050 D definitions.

“Day care center” means a state-licensed entity regularly providing care for 13 or more children for periods of less than 24 hours. A day care center is not 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 open or is separate from the usual quarters of the family.

“Day care, family home” means an entity regularly providing care during part of the 24-hour day to six or fewer children in the family abode of the person(s) under whose direction the children are placed; or a state-licensed entity regularly providing care during part of the 24-hour day to between six and 12 children in the family abode of the person(s) under whose direction the children are placed.

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

“Dog kennel” or “cat kennel” means any lot, premises, building, or structure where six or more dogs or six or more cats over six months of age are kept.

“Dwelling” means a single unit within a building or portion thereof providing a complete independent living space for one household, including permanent facilities for living, sleeping, eating, cooking and sanitation. Dwelling units may be either detached (i.e., freestanding) or attached (i.e., sharing common walls with other such units), as specified by the individual zoning districts, provided attached dwelling units shall be of site-built or modular construction.

“Dwelling, multiple-family” means a building or portion thereof used or designed as a residence for three or more households and containing three or more dwelling units.

“Dwelling, one-family” and “dwelling, single-family” mean a building designed or occupied by not more than one household and containing only one dwelling unit. In determining permitted uses, single-family dwellings include site-built homes, factory-built homes, and designated manufactured homes meeting siting standards of Chapter 17.54 WRMC. It does not include recreational vehicles, travel trailers, or other structures designed for temporary or recreational use.

“Dwelling, single-room occupancy (SRO)” means a building wherein furnished rooms without cooking facilities are rented for compensation to three or more nontransient persons not included in the family unit of the owner or tenant of the premises.

“Dwelling, two-family” or “duplex” means a building designed or occupied exclusively by two households and containing two dwelling units. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007. Formerly 17.09.292 – 17.09.340].

17.09.060 E definitions.

“Easement” or “private way” means an interest in land owned by another that entitles its holder to a specific limited use such as for utilities or access.

“Elementary school” means a school for early education that provides the first four to eight years of basic education and is recognized by the Washington State Superintendent of Public Instruction.

“Equipment cabinet” means an enclosed structure at the base of the tower, within which are housed batteries, backup power generator, and electrical equipment necessary for the operation of a wireless communication facility. This equipment is connected to the antenna by cable.

“Essential public facilities” means public facilities and privately owned or operated facilities serving a public purpose that are typically difficult to site. They include but are not limited to airports, state education facilities, state or regional transportation facilities, prisons, jails, other correctional facilities, and solid waste handling facilities. These facilities are of statewide and regional significance. Local transit service is not considered an essential public facility. Essential public facilities will be allowed in locations appropriate for the services provided and the people served.

“Essential use” means that use for the preservation or promotion of which the use district was created, and to which all other permitted uses are subordinate. [Ord. 14-19 § 1 (Exh. A), 2019; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 35-14 § 1, 2014; Ord. 40-07 § 1, 2007. Formerly 17.09.360 – 17.09.370].

17.09.070 F definitions.

Family. See “Household.”

“Fence” means an upright structure serving as an enclosure, barrier or boundary, usually made of posts, boards, wire, iron, steel or masonry.

“Filling station, public gasoline” means any area of land including any structure or part thereof that could be or is used or designed to be used for the supply of gasoline and includes any area or structure used or designed to be used for polishing, greasing, washing, spraying (other than paint), dry cleaning or otherwise cleaning or servicing such motor vehicle.

“Floor area” or “floorspace” means the sum of the gross horizontal areas of the several floors of the building or buildings measured from the exterior faces or exterior walls or from the centerline of walls separating two buildings. In particular, the floor area of a building or buildings includes but is not limited to:

1. Basement space;

2. Floorspace for mechanical equipment, with structural headroom of seven feet and six inches or more;

3. Elevator shafts and stairwells at each floor;

4. Penthouses;

5. Attic space, whether or not a floor has actually been laid, providing structural headroom of seven feet and six inches or more;

6. Interior balcony and mezzanines;

7. Enclosed porches;

8. Accessory uses not including space for accessory off-street parking; providing, however, that the floor area or floorspace of the building shall not include:

a. Cellar space, except that the cellar space used for retailing shall be included for the purposes of calculating requirements for accessory off-street parking spaces, and accessory off-street loading spaces;

b. Elevator and stair bulkheads, accessory water tanks and cooling towers;

c. Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet and six inches;

d. Uncovered steps;

e. Terraces, breezeways, and open spaces;

f. Accessory off-street parking spaces.

“Floor area” or “floorspace ratio” of a building means a quotient of the floor area or floorspace of a building divided by its lot area. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 7-10 § 10, 2010; Ord. 40-07 § 1, 2007. Formerly 17.09.380 – 17.09.410].

17.09.080 G definitions.

“Game arcade” means an entertainment venue featuring primarily video games, simulators, and/or other amusement devices where persons under 21 years of age are not restricted.

“Garage, private” means a sheltered or enclosed space designed and used for the storage of motor vehicles or boats of the residents of the premises. Space therein may be used for not more than one commercial vehicle whose gross vehicle weight shall not exceed 8,000 GVW. Temporary storage of farm vehicles for not to exceed three consecutive days is permissible. Space may be rented to not more than two vehicles of other than the occupants of the building to which the garage is accessory.

“Garage, public” means any garage other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

“Grade plane” is a reference plane representing the average of the finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line, or where the lot line is more than six feet from the building, between the structure and a point six feet from the building.

“Guest ranch” means a working farm or ranch that provides a farming or ranching experience to tourists for a fee, and includes accessory rooming and boarding for that purpose. A guest ranch may include up to 20 boarding rooms, for tourist use only. Also known as “dude ranch.” [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 35-14 § 1, 2014; Ord. 40-07 § 1, 2007. Formerly 17.09.420 – 17.09.429].

17.09.090 H definitions.

“Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70.105.010, except for moderate-risk waste.

“Hazardous waste storage” means the holding of dangerous waste for a temporary period as regulated by State Dangerous Waste Regulations, Chapter 173-303 WAC.

“Hazardous waste treatment” means the physical, chemical or biological processing of dangerous waste to make wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage or reduced in volume.

“Hazardous waste treatment and storage facility, off-site” means treatment and storage facilities which treat and store wastes generated on properties other than those on which the off-site facilities are located.

“Hazardous waste treatment and storage facility, on-site” means treatment and storage facilities which treat and store wastes generated on the same, geographically contiguous or bordering property.

“Height, wireless communication facility” means the distance measured from ground level to the highest point on the WCF even if the highest point is an antenna.

“Hobby agriculture” means the raising of farm crops including vegetables or fruit for sale on the land on which the crops are grown.

“Home, factory-built” means any structure designed primarily for human occupancy, other than a manufactured or mobile home, the structure or any room of which is either entirely or substantially prefabricated or assembled at a place other than a building site. Factory-built homes conform to all state and local building codes and fall within the land use category of single-family detached dwellings.

Home, Modular. See “Home, factory-built.”

“Home occupation, large-scale” means a business or professional enterprise operated out of a residential dwelling or accessory building by a resident of the household and potentially up to two nonresident employees, which is of a scale and character that does not alter or detract from the residential character of the property or neighborhood, and is incidental and accessory to the primary use of the property for residential purposes.

“Home occupation, small-scale” means a business or professional enterprise operated out of a residential dwelling by a resident of the household, which is of a scale and character that does not alter or detract from the residential character of the dwelling or neighborhood, and is incidental and accessory to the primary use of the dwelling for residential purposes.

“Hospital” unless otherwise specified, includes, but is not limited to, sanitariums, sanitoriums, preventoriums, clinics, rest homes, nursing homes, convalescent homes and any other place for the diagnosis, treatment or care of human ailments.

“Hospital or clinic for small animals” means a hospital or clinic for dogs, cats, birds, and the like, provided any treatment rooms, cages, pens, or kennels are maintained within a completely enclosed, soundproof building and that such hospital or clinic is operated in such a way as to produce no objectionable odors outside its walls.

“Hotel” means a building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied for sleeping purposes by guests, and in which only a general kitchen and dining rooms are provided within the building or an accessory building.

“Household” means an individual, two or more persons related by blood or marriage, a group of two or more disabled residents protected under the Federal Fair Housing Amendment Act of 1988, adult family homes as defined under Washington State law, or a group living arrangement where six or fewer residents receive supportive services such as counseling, foster care, or medical supervision at the dwelling unit by resident or nonresident staff. Up to six residents not related by blood or marriage who live together in a single-family dwelling, or in conjunction with any of the above individuals or groups, shall also be considered a household. For purposes of this definition, minors living with parent or legal guardian shall not be counted as part of the maximum number of residents. [Ord. 14-19 § 1 (Exh. A), 2019; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 13-08 § 1, 2008; Ord. 40-07 § 1, 2007. Formerly 17.09.431 – 17.09.485].

17.09.100 I definitions.

Reserved.

17.09.110 J definitions.

“Junkyard” means a lot or structure or part thereof used primarily for the collecting and/or sale of waste, paper, rags, scrap metal or discarded materials and/or for the collection, dismantling, storage and salvaging of machinery and/or vehicles for the sale of parts. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007. Formerly 17.09.490].

17.09.120 K definitions.

Reserved.

17.09.130 L definitions.

“Large domestic animals” means any emu, ostrich, horses, cows, sheep, goats, llamas, ponies, oxen or other hoofed animals. Swine (hogs and pigs) are not permitted within the city.

“Laundromat” means a business premises equipped with individual clothes-washing machines for use by retail customers exclusive of laundry facilities provided as accessory use in an apartment house, apartment or hotel.

“Laundry” means a business where clothes and/or other fabrics are sent to be cleaned.

“Library” means an organized collection of resources made accessible to the public for reference or borrowing supported with money derived from taxation.

“Line, street” means the dividing line between the dedicated right-of-way of a street and an adjacent lot.

“Live adult entertainment establishment” means any building or portion of a building which contains any exhibition or dance wherein any employee or entertainer is unclothed or is in such attire, clothing or costume as to expose to view any portion of the female breast below a point directly above the areola, or male or female genitals, vulva, anus, and/or buttocks, or any portion of the pubic hair and which exhibition or dance is for the benefit of a member(s) of the adult public or advertised for the use or benefit of a member(s) of the adult public, held, conducted, operated or maintained for profit, directly or indirectly.

“Lodginghouse” means a building in which more than two and less than 20 rooms are rented and in which no table board is furnished.

“Lot” means land occupied or to be occupied by a principal use or a building and its accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this title having not less than the minimum area required by this title for the lot in a district in which such land is situated. The lot shall also have its principal frontage upon a street or on such other means of access as may be determined by the provisions of this title to be adequate.

“Lot, corner” means land at the junction of and fronting on two or more intersecting streets.

“Lot coverage” means the percentage of the lot covered by buildings. Covered porches, covered patios, decks 30 inches or more above grade, pools more than 48 inches above grade, pergolas, gazebos, and any other roofed structure, whether structural or decorative, shall be considered a building when calculating lot coverage.

“Lot, depth of corner” means a mean horizontal distance between the front and rear lot lines measured in the general direction of its side lot lines.

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

“Lot line” means any line dividing one lot from another.

“Lot, through” means an interior lot having frontage on two parallel or approximately parallel streets.

“Lot, width of” means the average width measured at right angles to the depth. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 35-14 § 1, 2014; Ord. 29-09 § 1 (Att. A), 2009; Ord. 40-07 § 1, 2007. Formerly 17.09.495 – 17.09.600].

17.09.140 M definitions.

“Manufactured home” means a single-family residence constructed after June 15, 1976, in accordance with U.S. Department of Housing and Urban Development (HUD) requirements for manufactured housing and bearing the appropriate insignia indicating compliance (HUD Code – “Red Label”).

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

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

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

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

“Manufactured home, new” means any manufactured home required to be titled under RCW Title 46, which was not previously titled to a retail purchaser, and is not a used mobile home as defined in RCW 82.45.032. (Regulated under the HUD construction and safety standards.)

“Manufactured home park” means a site containing spaces with required improvements and utilities that are leased for the long-term placement of manufactured homes. This term shall also include “mobile home park” as that term is used in other titles of the West Richland Municipal Code.

“Manufactured home subdivision” means an existing subdivision created for the placement of manufactured homes on individual lots.

“Manufactured or mobile home, decertified” means a former mobile home or manufactured home that no longer qualifies as such, due to completion of the Department of Labor and Industry decertification process, as outlined in L&I publication F622-063-000, Decertification of Manufactured and Mobile Homes. Decertified mobile and manufactured homes are neither permitted uses, nor permitted accessory structures under this title.

“Marijuana” means all parts of the plant cannabis, whether growing or not, with a THC concentration greater than three-tenths percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. For the purposes of this chapter, “cannabis” or “marijuana” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

“Marijuana cultivation” means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof.

“Marijuana-infused products” means products that contain marijuana or marijuana extracts and are intended for human use. The term “marijuana-infused products” does not include usable marijuana.

“Mobile home” means a factory-built dwelling built prior to June 15, 1976, to standards other than the HUD Code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state (Chapter 296-150M WAC). Mobile homes are single-family residences, transportable in one or more sections that are eight feet or more in width and 32 feet or more in length, built on a permanent chassis, designed to be used as a permanent dwelling and constructed before June 15, 1976.

Motel. See “Auto court,” WRMC 17.09.020.

“Motor vehicle repair shop” means a building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 35-14 § 1, 2014; Ord. 40-07 § 1, 2007. Formerly 17.09.610 – 17.09.640].

17.09.150 N definitions.

“Nonconforming use” means:

1. A building, structure or use of land existing at the time of the enactment of the ordinance codified in this title, which does not conform to the regulations of the district or zone in which it is situated; or

2. A building, structure or use of land which does not conform to the regulations of the district or zone in which it is situated as a result of the reclassification of property under the provisions of this title or any amendment thereto; or

3. A building, structure or use which does not conform to the regulations of the district or zone in which it is situated, but which is specifically authorized pursuant to the provisions of WRMC 17.72.140.

“Nursery school” means a school designed to provide daytime care and/or daytime instruction for five or more children.

“Nursing or convalescent home” means any building with less than 15 sleeping rooms where persons are housed or lodged and furnished with meals and nursing care and which premises are licensed by the state. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007. Formerly 17.09.650 – 17.09.670].

17.09.160 O definitions.

“Open space” may consist of: shrub-steppe habitats; mountains and ridges; special geological and topographical features; meadows; wetlands; riparian habitats and washes; lakes; urban green spaces, parks, sports and play fields; working agricultural and ranch lands; cultural, historical, and archaeological sites; and other valued landscapes and ecosystems. Open spaces may be publicly or privately owned and managed. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 6-12 § 1 (Att. A), 2012; Ord. 40-07 § 1, 2007. Formerly 17.09.680].

17.09.170 P definitions.

“Parking space” means an off-street space of a size adequate to temporarily park a motor vehicle and having access to a public street.

“Patio” means a concrete slab, wooden deck or other surfacing material, which may be surrounded by a sight screen and which may have a roof.

“Permitted use” means any use authorized or permitted alone or in conjunction with another use in a specified district and subject to the limitations of the regulations of such district.

“Person” includes individuals, partnerships, associations, or corporations.

“Playground” means a public outdoor recreation area for children, usually equipped with swings, slides and other playground equipment, owned and/or managed by a city, county, state or federal government.

“Principal use” or “primary use” means the use for which a lot, structure, or building, or the major portion thereof, is designed or actually employed.

“Professional office in residence” means professional office/studio located in residence of a physician, surgeon, doctor, lawyer, architect, artist, accountant, teacher, registered nurse. Such use shall be secondary and incidental to residential use of building and may be advertised by a professional nameplate or sign not to exceed 96 square inches that is attached to the main door or suspended in a window and it may be illuminated but not in a flashing manner.

“Public facilities” means buildings or uses of land, whether owned, leased, or operated by a public entity.

“Public park” means an area of land for the enjoyment of the public, having facilities for rest and/or recreation, such as a baseball diamond or basketball court, owned and/or managed by a city, county, state, federal government or metropolitan park district. “Public park” does not include trails.

“Public safety facilities” means police and fire stations.

“Public transit center” means a facility located outside of the public right-of-way that is owned and managed by a transit agency or city, county, state or federal government for the express purpose of staging people and vehicles where several bus or other transit routes converge. They serve as efficient hubs to allow bus riders from various locations to assemble at a central point to take advantage of express trips or other route to route transfers. [Ord. 14-19 § 1 (Exh. A), 2019; Ord. 3-19 § 1, 2019; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 35-14 § 1, 2014; Ord. 40-07 § 1, 2007. Formerly 17.09.690 – 17.09.740].

17.09.180 Q definitions.

“Quarry,” “sandpit,” “gravel pit,” or “topsoil stripping” means a lot or land or part thereof used for the purpose of extracting stone, sand, gravel or topsoil for sale as an industrial operation and exclusive of the process of grading the lot preparatory to the construction of a building for which application for a building permit has been made. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007. Formerly 17.09.750].

17.09.190 R definitions.

“Recreation center or facility” means a supervised center that provides a broad range of activities and events intended primarily for use by persons under 21 years of age, owned and/or managed by a charitable nonprofit organization, city, county, state or federal government.

“Recreational marijuana processing” means to handle or process cannabis in preparation for recreational use.

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

“Recreational marijuana producer” means a person licensed by the State Liquor and Cannabis Board to produce and sell recreational marijuana at wholesale to recreational marijuana processors and other recreational marijuana producers.

“Recreational marijuana production” means to manufacture, plant, cultivate, grow or harvest cannabis or marijuana for recreational purposes.

“Recreational marijuana retail outlet” means a location licensed by the State Liquor and Cannabis Board for the retail sale of usable marijuana and marijuana-infused products for recreational purposes.

“Recreational marijuana retailer” means a person licensed by the State Liquor and Cannabis Board to sell usable marijuana and marijuana-infused products in a retail outlet for recreational purposes.

“Resident hotel” means a building occupied by permanent guests only, not for transients, which may also include restaurants, newsstands, and other accessory services, only if such services are primarily for serving its occupants and only incidentally the public.

“Residential care facility” means a facility that cares for at least five, but not more than 15 functionally disabled persons, that is not licensed pursuant to Chapter 70.128 RCW, Adult Family Home.

“Riding academy” means any establishment where horses are kept for riding, driving, or stabling for compensation or incidental to the operation of any club, association, ranch, or similar establishment.

“Rowhouse” means a single-family dwelling on its own lot, in a series of two or more similar dwellings in one structure but on separate lots, with interior units sharing common walls along both side property lines and end units sharing a common wall on one side property line, where parking is not incorporated within the dwelling unit. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 35-14 § 1, 2014; Ord. 40-07 § 1, 2007. Formerly 17.09.760 – 17.09.770].

17.09.200 S definitions.

“Sanitarium” or “sanatorium” means a private hospital, whether or not such facilities are operated for a profit.

“Secondary school” means a high and/or middle school: a school for students who have completed their primary education, usually attended by children in grades seven to 12 and recognized by the Washington State Superintendent of Public Instruction.

“Secure community transition facility” means a residential facility for persons civilly committed and conditionally released from a total confinement facility operated by the Secretary of Washington Social and Health Services or under contract with the Secretary pursuant to RCW 71.09.020(10) as described in RCW 71.09.250 or as amended.

“Sensitive land uses” means those land uses which are particularly sensitive to the secondary effects of adult use businesses. “Sensitive land uses” include the following:

1. Churches, or other religious facilities or institutions;

2. Multiple-family and single-family residential zones;

3. Playgrounds, public parks, and libraries; and

4. Public and private schools, technical schools, training facilities which have 25 percent or more students under age 18 and licensed day care facilities.

“Small domestic animals” means any dogs, cats, rabbits, ducks, geese, pigeons, chickens, or other similar animals over the age of six months.

“Solid planting” means planting of evergreen trees and shrubs which prevent a through and unobscured penetration of sight or light.

“Specified anatomical areas” means:

1. Less than completely and opaquely covered male or female genitals, pubic region, buttock or female breast below a point immediately above the top of the areola; and

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

“Specified sexual activities” means:

1. Human genitals in a state of sexual stimulation or arousal; and/or

2. Acts of human masturbation, sexual intercourse or sodomy, whether between persons of the same or opposite sex; and/or

3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

“Speculation (spec) tower” means a tower designed for the purpose of providing location mounts for wireless communication facilities without a binding commitment or option to lease a location upon the tower by a service provider at the time of initial application.

“Stable, private” means an accessory building in which horses are kept for private use and not for hire, remuneration or sale.

“Stable, public” means a building in which horses are kept for remuneration, hire, sale, or stabling. It may include structures and/or open roaming areas.

“Stock in trade” means all books, equipment, magazines, periodicals, pictures, posters, printed material, products (including prerecorded video tapes, discs or similar material) or other items readily available for purchase, rental, viewing or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not open to patrons.

“Storage facilities, bulk” means an enclosed (see “Warehouse”) or outdoor area designated for the storage of either large quantities of materials or materials of large size. Includes the storage of vehicles when such storage is not incidental and subordinate to another land use and is not vehicle parking, automotive wrecking/dismantling yards or vehicle sales lots.

“Storage facilities, commercial” means an enclosed storage area(s) (within a structure) designated as support facilities for commercial activities and used for the storage of retail materials.

“Storage facilities, outdoor” means the storage of any materials, products, vehicles, equipment, junk or scrap outside the confines of an enclosed building, and more specifically defined as:

1. Merchandise Display. The display of products and materials, and operable vehicles and equipment for the principal purpose of offering for sale at retail, and incidental to the business on the premises;

2. Equipment and Material Storage. The storage of any equipment in usable condition which are not being specifically displayed as merchandise or offered for sale at retail; and

3. Junk and Scrap Storage. The storage of used products or scrap materials such as wood, cloth, paper, glass, metal, plastic, or rock material which could be refurbished, recycled or converted into usable stock or material.

“Storage facilities, storage units/mini-storage/mini-warehouse” means a building, portion of a building or group of buildings designed and/or used exclusively for the rental or lease of individual compartments which do not exceed 600 square feet in area, and are more specifically defined as:

1. An enclosed area(s) (within a structure) providing storage for residential goods, recreational equipment, and recreational vehicles; and

2. A facility for the storage of goods where storage, retrieval, and transport are the responsibilities of the renter or lessee.

“Story” means the portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, the space between any floor and top surface of ceiling joists above it.

“Story, half” means a story under a gable, hip, or gambrel roof, the wall plates of which on at least two exterior walls are not more than two feet above the floor of such story.

“Story, height of” means the vertical distance from a top surface of a floor to the top surface of the floor next above it. The height of the topmost story is a distance from the top surface of the floor to the top surface of the ceiling joists.

“Street” means a public or private way which affords a principal means of access to abutting properties.

“Structure” means anything constructed or erected, the use of which requires location on ground or attachment to something having a location on the ground. [Ord. 14-19 § 1 (Exh. A), 2019; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 35-14 § 1, 2014; Ord. 40-07 § 1, 2007. Formerly 17.09.780 – 17.09.860].

17.09.210 T definitions.

“Theater, moving picture” means a building or part of a building devoted to showing moving pictures on a paid admission basis.

“Tourist cabins” means a group of buildings, including either separate cabins or a row of cabins, which:

1. Contain living and sleeping accommodations for transient occupants;

2. Have individual entrances.

“Tourist home” means a dwelling in which overnight accommodations are provided or offered to transient guests for compensation.

“Tower” means a mast, pole, or monopole, or guyed or freestanding lattice tower designed and primarily used to support antennas associated with wireless communication service. A speculation tower may consist of any one of these tower types. As part of the service, the term “tower” includes, but is not limited to, microwave towers, common carrier towers, personal communication service (PCS), and cellular telephone/data towers. In regard to wind energy systems, the term “tower” shall mean the monopole, guyed monopole or lattice structure that supports a wind generator.

“Townhouse” means a single-family dwelling on its own lot, in a series of two or more similar dwellings in one structure but on separate lots, with interior units sharing common walls along both side property lines and end units sharing a common wall on one side property line, and with parking incorporated within the dwelling unit. [Ord. 14-19 § 1 (Exh. A), 2019; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007. Formerly 17.09.870 – 17.09.890].

17.09.220 U definitions.

“Usable cannabis or usable marijuana” means dried flowers of the cannabis plant. The term “usable cannabis or usable marijuana” does not include marijuana-infused products or cannabis products.

“Utility facilities” means all physical facilities necessary for provision of the following services: sewer, water, electricity, natural gas, telephone, cable television, wireless communication, storm drainage.

“Utility facilities, major” means those facilities necessary to provide utility services which have a greater potential to impact neighboring properties than minor utility facilities, such as: sewage treatment plants; wastewater lagoons and spray fields; power generation facilities; transmission and distribution substations; natural gas regulator stations; domestic surface water treatment facilities; irrigation canals, ponds, and reservoirs; water towers and reservoirs; outdoor pump stations; television transmission facilities more than 30 feet in height; and utility operation and maintenance centers.

“Utility facilities, minor” means those facilities which are necessary to provide utility services and generally involve only minor structures, such as: overhead lines and support poles; underground lines and pipes; transformers; indoor and underground pump stations; public wells; outfalls; stormwater retention ponds, infiltration trenches, and catch basins; telephone and fiber optic switching/booster facilities; cable television receiver and transmission facilities 30 feet or less in height; and private on-site facilities such as septic tanks and wells. [Ord. 14-19 § 1 (Exh. A), 2019; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 35-14 § 1, 2014; Ord. 40-07 § 1, 2007. Formerly 17.09.892 – 17.09.894].

17.09.230 V definitions.

Reserved.

17.09.240 W definitions.

“Warehouse” means a structure used for the storage of goods and materials. Also see “Agricultural building.”

“Way” means a street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles.

“Wireless carrier” means an entity that provides wireless communication services.

“Wireless communication facility (WCF)” means an unstaffed facility for the transmission or reception of radio frequency (RF) signals, usually consisting of an equipment cabinet or other enclosed structure containing electronic equipment, a support structure, antennas, or other transmission and reception devices.

“Wireless communications support structure” means a structure erected to support wireless communications antennas and connecting appurtenances. Wireless communications support structures may include, but are not limited to, lattice towers, monopoles, and guyed towers. [Ord. 14-19 § 1 (Exh. A), 2019; Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007. Formerly 17.09.895 – 17.09.906].

17.09.250 X definitions.

Reserved.

17.09.260 Y definitions.

“Yard” means an unoccupied space open from the ground line to the sky on the same lot with the building or structure.

“Yard, front” means an open and unoccupied space on the same lot with the main building and which space extends the full width of the lot situated between the street line and the front line of the building, projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the front property line. Covered porches, covered carports, enclosed parking or storage spaces (garages), or raised platforms (decks) higher than two inches above the average grade whether enclosed or unenclosed shall be considered as a part of the structures and shall not be projected into the required front yard. For the purpose of this title, the front yard is that area abutting the street, the name of which constitutes the common address of the property. Where a side or rear yard abuts a street, it shall be considered as a front yard as to setback requirements unless such side or rear yards are specifically provided with alternate requirements.

“Yard, rear” means an open unoccupied space on the same lot with main building extending the full width of lot and situated between rear line of lot and rear line of building. Depth of the rear yard shall be measured between rear line of the lot or centerline of an access easement and the rear line of the building.

“Yard, side” means an open unoccupied space on the same lot with the building or buildings, which space is situated between the furthermost projection of the building and the side lines of the lot extending from the front yard to the rear yard. Any lot line not a rear line or a front line is a side line. [Ord. 15-17 § 1 (Exh. A), 2017; Ord. 40-07 § 1, 2007. Formerly 17.09.910 – 17.09.940].

17.09.270 Z definitions.

Reserved.