"Accessory use" or "accessory building"means a subordinate use, structure, building or portion of a building located on the same parcel of land as the main use or building to which it is accessory. For purposes of this definition, "accessory building" excludes accessory dwelling units. Accessory buildings, excluding accessory dwelling units, shall contain no habitable dwelling space, nor shall they exceed fifteen feet in height, unless otherwise specifically provided by other provisions of this title. For the purposes of defining accessory buildings, "habitable space" is a space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, sink, shower, or utility spaces and similar areas are not considered habitable spaces. In addition, and for the purposes of accessory buildings, "living" spaces are typically living rooms, hobby rooms, sewing rooms, play rooms, computer rooms, craft rooms, etc.
"Administrator" or "zoning administrator"means the person or official designated by the mayor responsible for administering and enforcing this title. In absence of an appointment or delegation by the mayor, the city clerk shall serve as the administrator until such time as an appointment or designation is made by the mayor.
"Adult arcade"means a commercial establishment containing individual viewing areas or booths where, for any form of consideration including a membership fee, one or more still or motion picture projectors, slide projectors, cathode ray tube ("CRT") projectors, liquid crystal display ("LCD") projectors, television monitors, computer terminals or other similar image producing machines are used to show films, motion pictures, video cassettes, slides, laser discs, digital video discs ("DVDs"), computer discs, Internet sites, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.
"Adult book/novelty store"means a retail business conducting the sale of books, magazines, or other products that are sold for the purpose of sexual pleasure or entertainment.
"Adult cabaret"means a nightclub, bar, restaurant, tavern, or other similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment.
"Adult entertainment"means:
A. Any exhibition, performance, or dance conducted in an adult entertainment facility where such exhibition, performance, or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or
B. Any exhibition, performance, or dance intended to sexually stimulate any member of the public and conducted in an adult entertainment facility where such exhibition, performance, or dance is performed for, arranged with, or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition, or dance. For purposes of example and not limitation, such exhibitions, performances, or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing.
"Adult entertainment facility"means a commercial establishment defined herein as an adult arcade, adult cabaret, adult motel, adult motion picture theater, or adult retail store.
"Adult family home"means a facility licensed pursuant to Chapter
70.128 RCW as the same exists now or may hereafter be amended. At the time that this title was adopted the RCW defined "adult family home" as "a regular family abode in which a person or persons provide 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 motel"means a hotel, motel, or similar commercial establishment which:
A. Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, laser discs, digital video discs ("DVDs"), computer discs, Internet sites, streaming media, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas and that has a sign visible from the public right-of-way that advertises the availability of this type of sexually oriented materials; or
B. Offers a sleeping room for rent for a rental fee period of time that is less than ten hours; or
C. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
"Adult motion picture theater"means an enclosed commercial establishment where, for any form of consideration, motion pictures, films, video cassettes, slides, laser discs, digital video discs ("DVDs"), computer discs, Internet sites, streaming media, or other similar visual representations are regularly shown that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.
"Adult retail store"means a commercial establishment such as a bookstore, video store, or novelty shop which as its principal business purpose offers for sale or rent, for any form of consideration, any one or more of the following:
A. Books, magazines, periodicals, or other printed materials or photographs, films, motion pictures, video cassettes, slides, laser discs, digital video discs ("DVDs"), computer discs, Internet sites, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or
B. Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.
For the purpose of this definition, the term "principal business purpose" shall mean the business purpose that constitutes fifty percent or more of the stock-in-trade of a particular business establishment. The stock-in-trade of a particular business establishment shall be determined by examining either: (1) the retail dollar value of all sexually oriented materials compared to the retail dollar value of all non-sexually oriented materials readily available for purchase, rental, view, or use by patrons of the establishment, excluding inventory located in any portion of the premises not regularly open to patrons; or (2) the total volume of shelf space and display area reserved for sexually oriented materials compared to the total volume of shelf space and display area reserved for non-sexually oriented materials. |
"Agricultural equipment and facilities"include, but are not limited to: (A) the following used in agricultural operations: equipment; machinery; constructed shelters, buildings, ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and facilities including, but not limited to, pumps, pipes, tapes, canals, ditches, and drains; (B) corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands; (C) farm residences and associated equipment, lands, and facilities.
"Agricultural land"means those specific land areas on which agriculture activities are conducted as of the date of adoption of this title.
"Agriculture"means the tilling of soil, raising of crops and horticulture, except that vegetable gardens occupying less than five thousand square feet and up to ten fruit trees are exempt from this definition.
"Agriculture related industry"means:
A. Packaging plants that may include but are not limited to the following activities: washing, sorting, milling, crating, canning, freezing and other functional operations such as drying, field crushing or other preparation in which the chemical and physical composition of the agricultural product remains essentially unaltered. Processing activities such as slaughterhouses, animal reduction yards, and tallow works shall not be considered packaging plants.
B. Processing plants that may include but are not limited to those activities which involve the pasteurization, fermentation or other substantial chemical and physical alteration of agricultural products. Activities such as slaughterhouses, animal reduction yards and tallow works shall not be considered processing plants.
C. Storage facilities that may include those activities which involve the warehousing (dry, cold and/or wet) of processed and/or packaged agricultural products.
"Alley"means a narrow public right-of-way which affords only a secondary means of access to property abutting thereon.
"Amateur radio tower and antenna"means an antenna and tower that transmits noncommercial communication signals and is licensed as an amateur radio tower by the Federal Communications Commission. Guy wires for amateur radio towers are considered part of the structure for the purposes of meeting development standards.
"Animal feeding operation" or "AFO"means a lot or facility (other than an aquatic animal production facility) where animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of forty-five days or more in any twelve-month period, and crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.
"Animal shelter"means a building or structure (including outdoor fenced cages or yards) for the care of lost, abandoned, homeless or injured animals, whether domestic or wild.
"Animal (veterinary) clinic/hospital"means a facility used for veterinary care of sick or injured animals primarily within the confines of the principal structures. The boarding of animals is limited to short term care, and is accessory to the principal use. This definition does not include kennels.
"Antenna"means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals.
A. "Omni-directional antenna"(also known as a "whip antenna") means an antenna that transmits and receives radio frequency signals in a three-hundred-sixty-degree radial pattern. For the purpose of this chapter, an omni-directional antenna is up to fifteen feet in height and up to four inches in diameter unless otherwise provided for in conformance with RCW
35.21.315.
B. "Directional antenna"(also known as a "panel antenna") means an antenna that transmits and receives radio frequency signals in a specific directional pattern of less than three hundred sixty degrees.
C. "Parabolic antenna"(also known as a "dish antenna") means a bowl-shaped device for the reception and/or transmission of radio frequency communications signals in a specific directional pattern.
"Apartment house"means a building or portion thereof, designed and intended for occupancy by three or more families living independently of each other. This definition includes apartment hotels and group dwellings.
"Appeal"means a request for a review of the interpretation of any provision of this title.
"Assisted living facility"means a type of licensed boarding home operating in accordance with an assisted living services contract with the Department of Social and Health Services offering a package of services, including personal care and limited nursing. Such facilities may include housing for the resident in a private apartment-like unit.
"Automobile wrecking yard"means an area in which is conducted the dismantling and/or wrecking of used motor vehicles, machinery or trailers, or the storage or sale of dismantled, obsolete or wrecked vehicles or parts, or the storage of motor vehicles unable to be moved under the power of the vehicle.
(Ord. 475 § 1 (part), 1996; Ord. 601 § 1 (Exh. A), 2009; Ord. 663 § 1 (Exh. A) (part), 2016)