For purposes of this title, certain terms or words used in this title shall be interpreted as follows:
A. 
The word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.
B. 
The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
C. 
The word "shall" is mandatory; the word "may" is permissive.
D. 
The word "used" or "occupied" includes the words "intended, designed or arranged to be used or occupied."
E. 
The word "lot" includes the words "plot" and "parcel".
(Ord. 94-06 § 2, 1994)
"Adult bookstore"
means a commercial establishment which has a minimum of 20 percent of its stock in trade in books, magazines or other periodicals distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Such an establishment is customarily not open to the public generally but only to one or more classes of the public, excluding minors by virtue of age. It shall be a refutable presumption that 20 percent of a business's stock in trade is considered substantial.
(Ord. 94-06 § 2, 1994)
An "adult motion picture theater" is an enclosed building used for presenting motion picture films, videocassettes, cable television or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. This term includes outdoor drive-in theaters or structures which present similar films, movies or other visual media depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
(Ord. 94-06 § 2, 1994)
An "adult entertainment establishment" means any business or operation regulated by Chapter 18.02 EMC, including any business or operation that involves an exhibition or dance by persons that is distinguished or characterized by an emphasis on conduct that depicts, displays or relates to specified sexual activities or specified anatomical areas as defined in EMC § 18.02.502 and 18.02.503. Such an establishment customarily excludes persons by virtue of age from all or a portion of the premises.
(Ord. 94-06 § 2, 1994)
"Agriculture"
means the use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, apiaries and animal and poultry husbandry, and the necessary accessory uses for storing produce; provided, however, that the operation of any such accessory use shall be incidental to that of normal agricultural activities, and provided further that such uses shall not include the commercial feeding of garbage or refuse to swine or other animals.
(Ord. 94-06 § 2, 1994)
"Alley"
means a public or private way not more than 30 feet wide affording only secondary means of access to abutting property or providing access to no more than three lots or potential lots. Alleys are typically unnamed.
(Ord. 94-06 § 2, 1994; Ord. 2000-02 § 3, 2000)
"Apartment house"
means any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied, as the home or residence of three or more families living independently of each other and doing their own cooking in such building, and shall include flats and apartments.
(Ord. 94-06 § 2, 1994)
"Automobile repair"
includes fixing, incidental body or fender work, changing of automobile fluids, painting, upholstering, engine tune-up, adjusting lights or brakes, or supplying and installing replacement parts of or for passenger vehicles and trucks.
(Ord. 94-06 § 2, 1994)
"Basement"
means that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is more than the vertical distance from grade to ceiling.
(Ord. 94-06 § 2, 1994)
"Building"
means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property of any kind.
(Ord. 94-06 § 2, 1994)
"Building height"
means the vertical distance from the grade at the front of the building to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the average height of the highest gable of a pitch or hip roof.
(Ord. 94-06 § 2, 1994)
"Combining district"
means district regulations superimposed on an underlying zoning district which impose additional regulations for specific uses, and which are valid for a stipulated time period. Uses permitted by the underlying zone may also be developed.
(Ord. 94-06 § 2, 1994)
"Common open space"
means a parcel of land or an area of water or a combination of land and water within the site designated for a planned unit development, and designed and intended primarily for the use or enjoyment of the residents of such development.
(Ord. 94-06 § 2, 1994)
"Conditional use"
means a use permitted in a zoning district only after review and approval by the board of adjustment. Conditional uses are such that they may be compatible only on certain conditions in specific locations in a zoning district, or if the site is regulated in a certain manner.
(Ord. 94-06 § 2, 1994)
"Minor creeks"
means all creeks other than major creeks and generally conforming to following criteria: a course or route as formed by nature, or as altered by human activity, and generally consisting of a channel with a bed, banks or sides substantially throughout its length along with surface waters, with some regularity, naturally and normally flow or drain from high to lower lands.
(Ord. 94-06 § 2, 1994)
"Dangerous wastes"
means those wastes designated in WAC 173-303-070 through 173-303-103 as dangerous wastes. This may include any discarded, useless, unwanted or abandoned substances, including but not limited to certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife or the environment because such wastes or constituents or combinations of such wastes:
A. 
Have short-lived toxic properties that may cause death, injury or illness or have mutagenic, teratogenic or carcinogenic properties; or
B. 
Are corrosive, explosive or flammable, or may generate pressure through decomposition or other means. A moderate risk waste is not dangerous waste.
(Formerly 18.02.097; Ord. 94-06 § 2, 1994; Ord. 2019-10 § 2 (Exh. A), 2019)
"Development plan"
means a plan drawn to scale, indicating the proposed use, the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location on the lot of the proposed building or alteration, yards, setbacks, landscaping, off-street parking, ingress and egress and signs.
(Ord. 94-06 § 2, 1994)
"District"
means an area designated by this title, with specific boundaries, in which lie specific zones, which zones are described in this title.
(Ord. 94-06 § 2, 1994)
"Drive-in business"
means a business providing goods and services to customers who may remain in their vehicles. Drive-in businesses may provide service in parallel to a number of customers simultaneously. Such parallel service may be provided either by a moving service point, such as a carhop, or by provision of mass-delivery facilities, such as the large screen and multiple speakers of a drive-in theater. Drive-in businesses may also provide services in series, using drive-through facilities.
(Ord. 99-06 § 2, 1999)
"Drive-through"
refers to a fixed facility for the provision of goods or services to customers who remain in their vehicles. Such facilities may include windows, for person-to-person transactions; automatic teller machines; restaurants; fast food restaurants; or drop boxes. Drive-through service is characterized by customers passing the service window, automatic teller machine, or drop box in series, in a line or queue one after another.
(Ord. 99-06 § 3, 1999; Ord. 2019-02 § 1 (Exh. A), 2019)
"Drop box"
means a facility for deposit of bill payments, mail, or other articles. Communication through drop boxes is one-way, involving customer deposits only; drop boxes provide no immediate communications from business to customer, and are incapable of printing receipts.
(Ord. 99-06 § 4, 1999)
"Duplex"
means a detached building containing two dwelling units, each with a kitchen, designed for and occupied by two families living independently of each other in separate dwelling units.
(Formerly 18.02.114; Ord. 94-06 § 2, 1994; Ord. 99-06 § 2, 1999)
"Dwelling unit"
means one room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure or on the same property, and containing independent cooking and sleeping facilities.
(Ord. 94-06 § 2, 1994)
"Erosion hazard areas"
include areas that because of natural characteristics, including vegetative cover, soil texture, slope, gradient and rainfall patterns, or manmade changes to such characteristics, are vulnerable to erosion. Erosion hazard areas are those areas that have a severe or very severe erosion potential as detailed in the soil description contained in the "Soil Service of Pierce County Area, Washington," 1979, Soil Conservation Service, USDA.
(Ord. 94-06 § 2, 1994)
"Existing use"
means a use for which permits for construction of the principal structure were finaled (occupancy approved) at least three years previously and which has not been interrupted by more than six consecutive calendar months.
(Ord. 99-23 § 2, 1999)
"Extremely hazardous waste"
means those wastes designated in WAC 173-303-070 through 173-303-103 as extremely hazardous wastes. This may include any dangerous waste which:
A. 
Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form:
1. 
Presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic makeup of man or wildlife; and
2. 
Is highly toxic to man or wildlife.
B. 
Is disposed of at a hazardous waste disposal site in such quantities as would present an extreme hazard to man or the environment.
(Formerly 18.02.133; Ord. 94-06 § 2, 1994; Ord. 99-23 § 5, 1999)
"Family"
means one or more individuals related by blood or legal familial relationship, or a group of not more than six persons who need not be related by blood or a legal familial relationship, living together in a dwelling unit as a single, nonprofit housekeeping unit, excluding class II and III group homes as defined in EMC § 18.02.173.
(Ord. 94-06 § 2, 1994)
"Ganged mailbox"
means a structure intended for receipt of mail for two or more residences or businesses. Ganged mailboxes may include two or more separate enclosures on a common support structure or on separate support structures in close proximity. Ganged mailboxes also include larger structures containing multiple compartments, with each compartment designated for a separate family or business. Ganged mailbox locations, enclosures, support structures, and labeling shall conform to the requirements of Chapter 18.08 EMC.
(Ord. 98-07 § 8, 1998)
"Oversized private garage or carport"
means an accessory building, or a portion of a principal building, or a combination thereof, principally for vehicular equipment such as automobiles, trucks, recreational vehicles, boats, etc., in which only motor vehicles used by the tenants of the buildings on the premises are stored or kept, which totals more than 1,000 square feet in area.
(Ord. 2001-01 § 1, 2001)
"Private garage or carport"
means an accessory building, or a portion of a principal building, or a combination thereof, principally for vehicular equipment such as automobiles, boats, etc., in which only motor vehicles used by the tenants of the buildings on the premises are stored or kept. Total area of private garage(s) shall be not more than 1,000 square feet in area per residential unit.
(Ord. 2001-01 § 2, 2001)
"Grade"
means the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from such wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than five feet distant from such wall. In case walls are parallel to and within five feet of a public sidewalk alley or other public way, the grade shall be the elevation of the sidewalk, alley or public way.
(Ord. 94-06 § 2, 1994)
"Gross floor area"
means the area included within the surrounding exterior walls of a building expressed in square feet and fractions thereof. The floor area of a building not provided with surrounding exterior walls shall be the usable area under the horizontal projections of the roof or floor above.
(Ord. 94-06 § 2, 1994)
"Ground cover"
means low-growing vegetative materials with a mound or spreading manner of growth that provides solid cover within two years after planting. Examples include sod or seed lawn, ivy, junipers, cotoneaster, etc.
(Ord. 94-06 § 2, 1994)
A. 
Class I Group Home. "Class I group home" means publicly or privately operated residential facilities such as state-licensed foster homes and group homes for children; group homes for individuals who are developmentally, physically or mentally disabled; group homes or halfway houses for recovering alcoholics and former drug addicts; and other groups not considered within class II or III group homes.
1. 
Group Home, Class I-A. A class I-A group home shall have a maximum of seven residents including resident staff.
2. 
Group Home, Class I-B. A class I-B group home shall have a maximum of 10 residents including resident staff.
3. 
Group Home, Class I-C. The number of residents for a class I-C group home will be based upon the density of the underlying zoning district.
B. 
Class II Group Home. "Class II group home" means publicly or privately operated residential facilities for juveniles under the jurisdiction of the criminal justice system. These homes include state-licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, and halfway houses providing residence to juveniles needing correction or for juveniles selected to participate in state-operated work release and prerelease programs. The planning director shall have the discretion to classify a group home proposing to serve juveniles convicted of the offenses listed under class III group home in this section as a group home class III, and any such home shall be sited according to the regulations contained within the group III classification.
1. 
Group Home, Class II-A. A class II-A group home shall have a maximum of eight residents including resident staff.
2. 
Group Home, Class II-B. A class II-B group home shall have a maximum of 12 residents including resident staff.
3. 
Group Home, Class II-C. A class II-C group home shall have a maximum of 18 residents including resident staff.
C. 
Class III Group Home. "Class III group home" means privately or publicly operated residential facilities for adults under the jurisdiction of the criminal justice system who have entered a pre- or post-charging diversion program, or been selected to participate in state-operated work/training release or other similar programs. Such groups also involve individuals who have been convicted of a violent crime against a person or a crime against property with a sexual motivation and convicted or charged as a sexual or assaultive violent predator.
(Ord. 94-06 § 2, 1994)
"Guest cottage"
means an accessory, detached dwelling without any kitchen facilities designed for and used to house transient visitors or nonpaying guests of the occupants of the main building.
(Ord. 94-06 § 2, 1994)
"Home child care"
means a person who regularly provides child care and early learning services for not more than 12 children. "Children" includes both the provider's children, close relatives and other children irrespective of whether the provider gets paid to care for them. They provide their services in the family living quarters of the day care provider's home.
(Ord. 2019-10 § 2 (Exh. A), 2019)
"Home occupation"
means any use customarily carried on within a dwelling by the inhabitants thereof which use is incidental to the residential use and not primarily considered as a business and which complies with the conditions of EMC § 18.08.040.
(Ord. 94-06 § 2, 1994)
"Homeowners' association"
means an incorporated, nonprofit organization operating under recorded land agreements through which (1) each lot owner is automatically a member, and (2) each lot is automatically subject to a charge for a proportionate share of the common property, and (3) a charge, if unpaid, becomes a lien against the property.
(Ord. 94-06 § 2, 1994)
"Hotel"
means any building containing six or more guest rooms which are intended or designed to be used or which are used, rented or hired out to be occupied for sleeping purposes by guests.
(Ord. 94-06 § 2, 1994)
"Impervious surface"
means that hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions preexistent to development, or that hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions preexistent to development. Common impervious surfaces include but are not limited to rooftops, concrete or asphalt paving, paved walkways, patios, driveways, parking lots or storage areas, and oiled, macadam or other surfaces which similarly impede the natural infiltration of surface water.
(Ord. 94-06 § 2, 1994)
"Junkyard"
means a place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including auto and motor vehicle wrecking yards, house wrecking yards, used lumber yards and yards for use of salvaged house wrecking and structural steel materials and equipment.
(Ord. 94-06 § 2, 1994)
"Kennel"
means any fenced lot and/or structure on which four or more dogs or cats over six months of age are kept for breeding, sale, training, boarding or sporting purposes, or are cared for or kept for any purpose other than as a pet.
(Ord. 94-06 § 2, 1994)
"Lake"
means a natural or artificial body of water of two or more acres or where the deepest part of the basin at low water exceed two meters (six and six-tenths (6.6) feet). Artificial bodies of water with a recirculation system approved by the public works director are not included in this definition.
(Ord. 94-06 § 2, 1994)
"Landslide hazard areas"
include areas potentially subject to landslides based upon the following combination of geologic, topographic and hydrologic factors:
A. 
Areas of historic failure;
B. 
Areas with all three of the following characteristics:
1. 
Slopes of 25 percent gradient or greater,
2. 
Hillsides intersecting geologic contacts with a relatively permeable sediment overlaying a relatively impermeable sediment or bedrock, and
3. 
Springs or groundwater;
C. 
Slopes that are parallel or subparallel to planes or weak in subsurface materials;
D. 
Privately owned areas with slopes that have gradients greater than 80 percent subject to rock fall during seismic shaking;
E. 
Areas potentially unstable as a result of rapid stream incision, stream bank erosion and undercutting by wave action;
F. 
Areas located in a canyon or an active alluvial fan presently or potentially subject to one percent or greater chance of inundation by debris flows or catastrophic flooding;
G. 
Areas with slope gradients of 40 percent or greater not composed of consolidated rock. These will be of at least 10 feet of vertical relief.
(Ord. 94-06 § 2, 1994)
A "lot" is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are required in this title. Such lot shall have frontage on an approved street, and may consist of:
A. 
A single lot of record;
B. 
A portion of a lot of record;
C. 
A combination of complete lots of record and portions of lots of record;
D. 
A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this title.
(Ord. 94-06 § 2, 1994)
"Corner lot"
means a lot abutting upon two or more streets at their intersection, or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees within the lot lines.
(Ord. 94-06 § 2, 1994)
The front of a lot shall be that portion nearest the street. The user of a corner lot has the option of determining which part of the lot fronting on a street shall become the lot frontage, but the entrance shall be in the front.
(Ord. 94-06 § 2, 1994)
A. 
Depth of a lot shall be considered to be the distance between the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
B. 
Width of a lot shall be considered to be the distance between the side lines connecting front and rear lot lines; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width, except in the case of lots on the turning circle of cul-de-sacs, where the 80-percent requirement shall not apply.
(Ord. 94-06 § 2, 1994)
"Lot of record"
means a lot which is part of a subdivision recorded in the office of the county assessor, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(Ord. 94-06 § 2, 1994)
A. 
"Emergency housing"
means temporary indoor accommodations for individuals or households who are homeless or at imminent risk of homelessness, that is intended to address immediate housing needs and may include supportive services. Emergency housing is not intended to be permanent and typically has a limited stay. Emergency housing may include, but is not limited to, enhanced shelters, emergency hotels or motels, or other indoor accommodations.
B. 
"Emergency shelter"
means a facility that provides temporary shelter for individuals or households who are homeless and that may include day and overnight accommodations, with or without supportive services. Emergency shelters may include congregate shelters, rotating shelters, and similar short-term facilities. Residency is limited in duration and is not considered a permanent dwelling.
C. 
"Permanent supportive housing"
means subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive supportive services to retain tenancy and that pairs housing with voluntary supportive services designed to assist residents in maintaining housing stability and improving health and well-being.
D. 
"Transitional housing"
provides temporary housing and supportive services to individuals or households who are homeless or at risk of homelessness, with the purpose of facilitating movement to permanent housing. Transitional housing typically has a defined length of stay, which may be up to 24 months, and includes structured services designed to assist residents in obtaining and maintaining permanent housing.
(Ord. 2026-08, 3/23/2026)
"Mailbox"
means a structure intended for receipt of mail from a single-family or business. Mailbox locations, enclosures, support structures, and labeling shall conform to the requirements of Chapter 18.08 EMC.
(Ord. 98-07 § 9, 1998)
"Marijuana"
shall mean all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. For the purposes of this title, "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; or industrial hemp as defined in RCW 15.120.010.
(Ord. 2019-04 § 2 (Exh. A), 2019)
"Marijuana processor"
shall mean a person licensed by the State Liquor and Cannabis Board to process marijuana into marijuana concentrates, useable marijuana, and marijuana-infused products, package and label marijuana concentrates, usable marijuana, and marijuana-infused products for sale in retail outlets, and to sell marijuana concentrates, useable marijuana, and marijuana-infused products at wholesale to marijuana retailers.
(Ord. 2019-04 § 2 (Exh. A), 2019)
"Mobile/manufactured home"
means a residential unit (single-family dwelling) constructed after June 15, 1976, on one or more chassis for towing to the point of use and designed to be used with a foundation as a dwelling unit on a year-round basis, and which bears an insignia issued by a state or federal regulatory agency indicating that the manufactured home complies with all applicable construction standards of the U.S. Department of Housing and Urban Development (HUD) definition of a manufactured home. The unit shall be certified for transportation on public streets by the State Department of Labor and Industries. The terms "mobile home" and "manufactured home" are considered to be interchangeable in the context of this title. A commercial coach, recreational vehicle or motor home is not a mobile manufactured home.
(Formerly 18.02.262; Ord. 94-06 § 2, 1994; Ord. 2019-04 § 2 (Exh. A), 2019; Ord. 2019-10 § 2 (Exh. A), 2019)
"Mobile home park"
means a lot, parcel or tract of land, improved or unimproved, under the ownership or management of one or more persons, which is utilized as the location for six or more mobile/manufactured homes for dwelling or sleeping purposes.
(Formerly 18.02.265; Ord. 94-06 § 2, 1994; Ord. 2019-04 § 2 (Exh. A), 2019)
"Moderate risk waste"
means those wastes defined in WAC 173-303-040 as moderate risk wastes. This may include any waste that exhibits any of the properties of hazardous waste but is exempt from regulation under Chapter 70.105 RCW solely because the waste is generated in quantities below the threshold for regulation, and any household waste which is generated from the disposal of substances identified by the Department of Ecology as hazardous household substances.
(Formerly 18.02.267; Ord. 94-06 § 2, 1994; Ord. 2019-04 § 2 (Exh. A), 2019)
"Nonconforming use"
means the use of land, a building or a structure lawfully established prior to this title which does not conform with the use regulations of the district in which it is located on the effective date of such use regulations.
(Ord. 94-06 § 2, 1994)
"Nonconformity"
means any land use, structure, lot of record or sign legally established prior to the effective date of this title or subsequent amendment to it which would not be permitted by or is not in full compliance with the regulations of this title.
(Ord. 94-06 § 2, 1994)
"Nursery school" or "day care center"
means a building or structure in which an agency, person or persons regularly provide care for a group of children (more than 12). "Nursery school" or "day care centers" includes family day care homes, out-of-home child mini-day care centers and child day care centers regulated by the Washington State Department of Social and Health Services.
(Ord. 94-06 § 2, 1994; Ord. 2019-10 § 2 (Exh. A), 2019)
"Occupancy"
means the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.
(Ord. 94-06 § 2, 1994)
"Ordinary high-water mark,"
on the streams, marshes and swamps, is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on the effective date of the ordinance codified in this title, or as it may naturally change thereafter; provided that in any area where the ordinary high-water mark cannot be found the ordinary high-water mark shall be the line of mean high water.
(Ord. 94-06 § 2, 1994)
"Outside storage"
means all or part of a lot which is used for the keeping of materials or products in an open, uncovered yard or in an unwalled building. Such materials shall not be for general public consumption or viewing. Such materials shall include tractors, backhoes, heavy equipment, construction materials and other similar items which detract from the appearance of the zone in which they are located.
(Ord. 94-06 § 2, 1994)
"Owner occupancy"
means that a property owner, as reflected in title records, makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means; actually resides at the site more than six months out of any given year; directly pays all municipal utility bills; and at no time receives rent for the owner-occupied unit.
(Ord. 99-23 § 3, 1999)
"Temporary parking"
means parking facilities specifically designed to accommodate vehicles and intended for public use for a period of not more than five days. Temporary parking shall not be in lieu of specified off-street parking as required in Chapter 18.05 EMC pertaining to off-street parking and loading requirements.
(Ord. 94-06 § 2, 1994)
"Planned unit development"
is a development built under those provisions of this title which permit departures from the conventional siting, setback and density requirements of other sections of this title in the interest of achieving superior site development, creating open space and encouraging imaginative design by permitting design flexibility.
(Formerly 18.02.332; Ord. 94-06 § 2, 1994; Ord. 98-07 § 11, 1998)
A "pond" means an area permanently inundated by water in less than two acres in area as measured at the ordinary high water mark.
(Formerly 18.02.334; Ord. 94-06 § 2, 1994; Ord. 98-07 § 11, 1998)
"Postal route map"
means a map, prepared and maintained by the United States Postal Service, and coordinated with the town public works director, showing the area in which mail is delivered, the streets or alleys traveled and the direction of travel by mail carriers for curbside delivery of mail.
(Ord. 98-07 § 12, 1998)
"Preempted facility"
means any hazardous waste facility defined as a preempted facility in RCW 70.105.010 or in Chapter 173-303 WAC. This may include any facility that includes as a significant part of its activities any of the following hazardous waste operations: (1) landfill, (2) incineration, (3) land treatment, (4) surface impoundment to be closed as a landfill, or (5) waste pile to be closed as a landfill.
(Ord. 94-06 § 2, 1994)
"Ravine"
means an area constituting a "young valley" which contains a major or minor creek. It includes the bottom land of the ravine and the ravine sidewalls to a point where the slopes are less than 15 percent.
(Formerly 18.02.337; Ord. 94-06 § 2, 1994; Ord. 2019-02 § 1 (Exh. A), 2019)
A. 
"Recreational vehicles"
means motorized vehicles that include a cabin for living accommodations and are commonly used for recreational travel and touring. Vehicles included in this category come in several forms: travel trailers, tent trailers and camping trailers, all of which must be towed by a car or pickup truck; and truck campers, motor homes and camper vans, all of which have the motor within the body of the vehicle.
B. 
"Recreational vehicles" may also include any motorized or nonmotorized vehicle, boat, boat trailer or other vehicle to be used for recreational purposes.
(Formerly 18.02.338; Ord. 94-06 § 2, 1994; Ord. 2019-02 § 1 (Exh. A), 2019)
An establishment where food and drink are prepared, served, and consumed, mostly within the principal building.
(Ord. 2019-02 § 1 (Exh. A), 2019)
"Revegetation"
means the planting of vegetation to cover any land areas which have been disturbed during construction. This vegetation shall be maintained to ensure its survival and shall be consistent with planting regulations of the town landscape regulations as set out in Chapter 18.07 EMC.
(Formerly 18.02.336; Ord. 94-06 § 2, 1994; Ord. 2019-02 § 1 (Exh. A), 2019)
"Roadside stand"
means a temporary structure designed or used for the display or sale of agricultural products primarily produced on the premises upon which such a stand is located.
(Formerly 18.02.339; Ord. 94-06 § 2, 1994; Ord. 2019-02 § 1 (Exh. A), 2019)
The "average setback" is the mean or average depth of yard (setback) measured from the property line to the building. The average setback is computed along the full length of the property line, utilizing a designated property depth.
(Ord. 94-06 § 2, 1994)
"Skydiving"
means to jump and fall freely from an aircraft, performing various maneuvers before pulling the ripcord of a parachute. "Skydiving" also means, for zoning purposes, the use of a parachute during a jump from an airplane, balloon, or other aircraft, or from a cliff or structure, whether the ripcord is pulled by static line or skydiver.
(Ord. 2001-06 § 1, 2001)
"Slope line"
is defined as the line perpendicular to the contour lines crossing the property. The precise bearing or heading of the slope line shall be determined by the planning director.
(Ord. 94-06 § 2, 1994)
"Solid waste incinerator"
means the processing of solid wastes by means of pyrolysis, refuse-derived fuel or mass incineration within an enclosed structure. These processes may include the recovery of energy resources from such waste or the conversion of the energy in such wastes to more useful forms or combinations thereof. This definition refers to citywide or regional-scale operations and does not include solid waste incineration which is accessory to an individual principal use.
(Ord. 94-06 § 2, 1994)
"Stacking space"
means the space specifically designated as a waiting area for vehicles whose occupants will be patronizing a drive-in business. Such space is considered to be located directly alongside a drive-through window, automatic teller machine, drop box, or entrance used by patrons and in lanes leading up to the business establishment.
(Ord. 94-06 § 2, 1994; Ord. 99-06 § 5, 1999)
"Structure"
means that which is built or constructed, or an edifice or building of any kind or any piece of work composed of parts joined together in some definite manner, and includes posts for fences and signs, but does not include mounds of earth or debris.
(Ord. 94-06 § 2, 1994)
"Story"
means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than six feet above grade for more than 50 percent of the total perimeter or is more than 12 feet above grade at any point, such basement, cellar or unused underfloor space shall be considered as a story.
(Ord. 94-06 § 2, 1994)
"Street"
means a public or private right-of-way or easement that can accommodate vehicle access to more than three lots, potential lots, or lot equivalents. "Street", "avenue", "court", "drive", "highway", "lane", and "road" are terms used interchangeably and mean the same. Streets are typically named.
(Ord. 94-06 § 2, 1994; Ord. 2000-02 § 4, 2000)
"Transitional housing"
means a facility operated publicly or privately to provide housing for individuals or families who are otherwise homeless and have no other immediate living options available to them. Transitional housing shall not exceed an 18-month period per individual or family.
(Ord. 94-06 § 2, 1994)
"Tree"
means any living woody plant characterized by one main stem or trunk and many branches, and having a diameter of two inches or more measured at three feet above ground level.
(Ord. 94-06 § 2, 1994)
"Use"
means an activity for which land or premises or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased.
(Ord. 94-06 § 2, 1994)
A "change of use" shall be determined to have occurred when it is found that the general character of the operation has been modified. This determination shall include review of but not be limited to: (1) hours of operation, (2) materials processed or sold, (3) required parking, (4) traffic generation, (5) impact on public utilities, (6) clientele, and (7) general appearance and location.
(Ord. 94-06 § 2, 1994)
"Temporary use"
means any activity or structure permitted under the provisions of EMC § 18.08.205 which is intended to exist or operate for a limited period of time and which does not comply with the development standards and requirements set out in this title as specified for the zoning district in which it is located.
(Ord. 94-06 § 2, 1994)
The word "used" in the definition of the term "adult motion picture theater" in this chapter describes a continuing course of conduct of exhibiting specific sexual activities and specified anatomical areas in a manner which appeals to a prurient interest.
(Formerly 18.02.535; Ord. 94-06 § 2, 1994; Ord. 2019-04 § 2 (Exh. A), 2019)
"Variance"
means a modification of regulations of this title when authorized by the board of adjustment after finding that the literal application of the provisions of this title would cause undue and unnecessary hardship in view of certain facts and conditions applying to a specific parcel of property.
(Formerly 18.02.536; Ord. 94-06 § 2, 1994; Ord. 2019-04 § 2 (Exh. A), 2019)
"Vegetative aid"
means bark mulch, gravel and other nonvegetative materials which promote vegetative growth by retaining moisture or preventing weeds. These materials are not a substitute for vegetative cover.
(Ord. 94-06 § 2, 1994)
"Veterinary clinic"
means any premises to which animals are brought, or where they are temporarily kept, solely for the purpose of diagnosis or treatment of any illness or injury, which does not have outdoor runs.
(Ord. 94-06 § 2, 1994)
"Yard"
means the land unoccupied or unobstructed, from the ground upward, except for such encroachments as may be permitted by this title, surrounding a building site.
(Ord. 94-06 § 2, 1994)
"Front yard"
means an open space, other that a court, on the same lot with the building, between the front line of the building (exclusive of steps) and the front property line, including the full width of the lot to its side line.
(Ord. 94-06 § 2, 1994)
"Rear yard"
means an open space on the same lot with the building between the rear line of the building (exclusive of steps, porches and accessory buildings) and the rear line of the lot, including the full width of the lot to its side lines.
(Ord. 94-06 § 2, 1994)
"Side yard"
means an open space on the same lot with the building between the side wall line of the lot and extending from front yard to rear yard. No portion of a structure shall project into any side yard, except cornices, canopies, eaves or other architectural features, which may project two feet, zero inches.
(Ord. 94-06 § 2, 1994)
"Zoning"
means the regulation of the use of private lands or the manner of construction related thereto in the interest of achieving a comprehensive plan of development. Such regulation shall also govern those public and quasi-public land use and buildings which provide for proprietary type services for the community's benefit as contrasted with governmental activities. Governmental activities are encouraged to cooperate under these regulations to secure harmonious town development.
(Ord. 94-06 § 2, 1994)
"Zoning lot"
means a tract of land occupied or to be occupied by a principal building and its accessory facilities, together with such open spaces and yards as are required under the provisions of this title, having not less than the minimum area required by this title for a zoning purpose in the district in which such land is situated, and having its principal frontage on a public street of standard width and improvement. A zoning lot need not necessarily coincide with the record lot, which refers to land designated as a separate and distinct parcel on a legally recorded subdivision plat or in a legally recorded deed filed in the records of the county.
(Ord. 94-06 § 2, 1994)