Chapter 19.11 DEFINITIONS

The purpose of this chapter is to provide a primary source for the definition of terms used in Chapters 2.30 and 2.42 EWMC, and EWMC Titles 12, 15, 16, 17, 18, and 19. The definitions herein are applicable to those titles within the context of their use. These definitions do not supersede or replace the definitions of other terms found in the enumerated titles. (Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.020 A definitions.

“A-frame sign” or “sandwich board sign” means a two-faced, hinged in an A-frame style sign which is readily movable and has no permanent attachment to a building, structure or the ground.

“Abandoned sign” means any sign located on property that is vacant and unoccupied for a period of six months or more, or any sign which pertains to any occupant, business or event unrelated to the present occupant or use.

“Abutting” means having a common boundary, except that parcels having no common boundary other than a common corner shall not be considered abutting.

“Access point” means that location on a public street where a driveway or private street connects.

“Accessory building” means a subordinate structure, the use of which is incidental to the use of the main building on the same lot.

“Accessory dwelling” means a dwelling unit that is subordinate to and located on the same lot as a primary dwelling unit and with provisions for independent cooking, living, sanitation, and sleeping.

“Accessory dwelling – attached” means an accessory dwelling that is physically attached to the primary dwelling.

“Accessory dwelling – detached” means an accessory dwelling that is not physically attached to the primary dwelling. A detached accessory dwelling may be attached to an accessory building such as a garage.

“Accessory dwelling – interior” means an accessory dwelling that is constructed within the existing building envelope of the primary dwelling. An interior accessory dwelling may or may not have a separate exterior entrance. If a separate exterior entrance is not provided then the accessory dwelling must have an interior entrance capable of being secured.

“Accessory use” means a use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use.

“Adjacent” means lying near, close to, or contiguous.

“Adjoining” means lying near, close to, or contiguous.

“Administrator” means the East Wenatchee community development director or his/her designated representative who is vested with the duty of administering subdivision and platting regulations within the incorporated areas of East Wenatchee.

“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 versatile 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 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 regular family abode of a person or persons who are providing personal care, room, and board to more than one but not more than four adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults may be permitted if the Department of Social and Health Services determines that the home is of adequate size and the home and provider(s) are capable of meeting the standards and qualifications of Chapter 70.128 RCW. Adult family homes shall be licensed by the state as an adult family home under RCW 70.128.060.

“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 versatile 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 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 10 hours; or

C. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 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 versatile discs (DVDs), computer discs, internet sites 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 versatile discs (DVDs), computer discs 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 de-signed for use in connection with any specified sexual activities;

C. For the purpose of this definition, the term “principal business purpose” shall mean the business purpose that constitutes 50 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 nonsexually 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 nonsexually oriented materials.

“Advertising sign” means a sign which directs attention to a business commodity, service or entertainment conducted, sold or offered upon and/or elsewhere than upon the same lot.

“Affordable housing” means, unless the context clearly indicates otherwise, residential housing whose monthly costs, including utilities other than telephone, do not exceed 30 percent of the monthly income of a household whose income is:

A. For rental housing, 60 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States Department of Housing and Urban Development; or

B. For owner-occupied housing, 80 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States Department of Housing and Urban Development.

“Agriculture” means the tilling of the soil; the raising of crops; forestry; horticulture; nonretail greenhouses, nurseries and gardening; and the keeping or raising of livestock and poultry. Agriculture does not include the growing or production of marijuana.

“Alley” means a strip of land dedicated to public use providing vehicular and pedestrian access to the rear side of properties which abut and are served by a public street.

“Alter” or “alteration” means any structural changes or additions and any modification made for a change in type of use.

“Alteration of sign” means any construction material, size, or location change except for normal maintenance to an existing sign.

“Animal” means any living nonhuman mammal, bird, reptile, or amphibian.

“Animation” means the presentation of pictorials and/or graphics on signs displayed in a progression of frames which give the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light.

“Antenna(s)” means an apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term “antenna” does not include an unintentional radiator, mobile station, or device authorized under 47 CFR Part 15.

“Antenna array” means a single or group of antenna elements and associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving electromagnetic waves.

“Assisted living facility” means a multifamily residential use licensed by the state of Washington and meeting the requirements of Chapter 388-110 WAC, offering a variety of services to residents, including personal care, food preparation and dining areas, group recreational or activity areas, and limited nursing services. Included as facilities in this definition are congregate care, nursing homes, boarding homes pursuant to Chapter 18.20 RCW, and convalescent homes. Assisted living facilities may include housing for the resident in a private apartment-like unit. An “assisted living facility” contains multiple assisted living units. An “assisted living unit” is a dwelling unit permitted only in an assisted living facility. Not included in this definition are facilities meeting the definition of “adult family home” as defined in this chapter.

“Attached WCF” shall mean an antenna that is attached to an existing building or structure (attachment structure) which structures shall include but not be limited to utility poles, signs, water towers, with any accompanying pole or device (attachment device) which attaches the antenna to the existing building or structures and associated connection cables and an equipment facility which may be located either inside or outside of the attachment structure. An attachment structure shall not include an existing or proposed WCF.

“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 partially dismantled, obsolete or wrecked vehicles or their parts or the storage of motor vehicles unable to be moved under the power of the vehicle.

“Awning” means an architectural projection covered with cloth, plastic, or other nonstructural covering that either is permanently attached to a building or can be raised or retracted to a position against the building when not in use and is entirely supported from an exterior wall of a building.

“Awning or canopy sign” means any sign that is painted on or forms part of or is integrated into an awning or canopy and that does not extend beyond the limits of such awning or canopy. A marquee is not a canopy. (Ord. 24-02 § 5 (Exh. A), 2024; Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.030 B definitions.

“Base station” means a structure or equipment at a fixed location that enables Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this chapter or any equipment associated with a tower.

A. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

B. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small cell networks).

C. The term includes any structure other than a tower that, at the time the relevant application is filed with the city under this section, supports or houses equipment described in this section that has been reviewed and approved under the applicable zoning or siting process, or under Washington or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

D. The term does not include any structure that, at the time the relevant application is filed with the state of Washington or the city under this section, does not support or house equipment described in this section.

“Basement” means that portion of a story partly underground and having at least one-half the height or more than five feet below the adjoining finished grade.

“Battery charging station” means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW, as amended, and consistent with rules adopted under RCW 19.27.540, as amended.

“Battery exchange station” means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW, as amended, and consistent with rules adopted under RCW 19.27.540, as amended.

“Block” means a group of lots, tracts or parcels within well-defined and fixed boundaries.

“Boardinghouse” or “bed and breakfast facility” means a single-family dwelling where transient accommodations with or without meals are provided for five or less guest rooms, located within the primary residence, for compensation.

“Broadcast or relay tower” shall mean a freestanding support structure, attached antenna(s), and related equipment intended for transmitting, receiving or retransmitting commercial radio, television, telephone, cellular, or other communications services. This includes, but is not limited to, lattice towers, guy towers, and monopoles.

“Building” means a freestanding structure except when divided by party walls without openings when each portion so separated shall be considered a separate building.

Building Elevation Wall Area. The area of the building elevation wall shall be calculated by multiplying the height of the building wall by the width of the wall. The height of the wall is represented by the vertical distance measured from the average elevation of the finished grade to the lowest point of the eave of the roof.

“Building height” means the vertical distance above the reference datum from the highest point of the structure as described in EWMC 17.72.035. For wireless communication facilities, building height shall be measured as the vertical distance between the average finished grade of the ground upon which the tower or facility will be located to the highest point of the tower or structure including any antenna(s).

“Building permit” means those permits issued pursuant to the following chapters of the EWMC as now exist or as may hereafter be amended:

A. Chapter 15.04 EWMC, Building Code;

B. Chapter 15.08 EWMC, Mechanical Code;

C. Chapter 15.12 EWMC, Plumbing Code;

D. Chapter 15.16 EWMC, Fire Code;

E. Chapter 15.24 EWMC, Sign Code;

F. Chapter 15.28 EWMC, State Energy Code;

G. Chapter 15.32 EWMC, Movement of Buildings;

H. Chapter 15.36 EWMC, Mobile Homes;

I. Chapter 15.44 EWMC, Flood Hazard Areas.

“Bus passenger amenities” means shelters, benches, trash receptacles and other related items or structures directly related to the provision of services to bus passengers at designated bus stops. (Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.040 C definitions.

“Camouflaged” means a WCF that is designed to blend into the surrounding environment through the use of shape, color and texture to cause an object to visually appear to become a part of something else. Examples of camouflaged facilities may include architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, towers made to look like trees, and antenna support structures designed to look like flagpoles or light poles.

“Canopy” means a permanent roof-like structure providing protection from the elements, such as a service station gas pump island that is either entirely freestanding or attached to a building on one side with posts supporting the opposite side.

“Cargo container” means a standardized, reusable storage and transport unit, designed without an axle or wheel, which was originally, specifically or formally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and was designed for or capable of being mounted or moved on a rail car, chassis or bogie, or similar transportation device, for movement by truck trailer or to be loaded on a ship.

“Carport” means a covered shelter for an automobile, open on two or more sides.

“Carrier on wheels” or “cell on wheels” or “COW” means a portable self-contained WCF that can be moved to a location and set up to provide wireless services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.

“Cell site” means a tract or parcel of land or building that contains the WCF including any antenna, antenna support structure, accessory buildings, access driveway and associated parking, and may include other uses associated with and ancillary to wireless services.

“Cellular communications facility” shall mean any unstaffed facility for the transmission of radio frequency signals and includes antennas, equipment shelters, and other equipment necessary to provide wireless transmission and reception utilizing cellular technology for various wireless communication systems including cellular phones, personal communication systems (PCS), paging, and similar systems.

“Changing message center sign” means an electronically controlled sign where different automatic changing messages are shown on the lamp bank. This definition does not include time and temperature displays.

“Charging levels” means the electrical force, or voltage, at which an electric vehicle’s battery is recharged. Levels 1, 2, and 3 are the most common electric vehicle charging levels, and include the following specifications:

A. Level 1 is considered slow charging, requiring a 15- or 20-amp breaker on a 120-volt AC circuit and standard outlet.

B. Level 2 is considered medium charging, requiring a 40-amp to 100-amp breaker on a 208- or 240-volt AC circuit.

C. Level 3 is considered rapid charging, requiring a 60-amp or higher dedicated breaker on a 480-volt or higher three-phase circuit with special grounding equipment. Level 3 charging uses an off-board charger to provide the AC to DC conversion, delivering DC directly to the car battery.

“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.

“Child day care facility” means a facility licensed by the state of Washington furnishing care, supervision and guidance of an individual or group of individuals for a period of more than four hours, but less than 24 hours, per day. Child day care facilities are classified as follows:

A. “Child day care center” means a facility (not located in the residence of the care provider) providing regularly scheduled care within an age range of one month of age through 12 years of age, for periods less than 24 hours.

1. A Group 1 child day care center provides care for 12 or fewer children.

2. A Group 2 child day care center provides care to 13 or more children.

B. “Family day care home” means a facility located within the family dwelling of the person or persons under whose direct care and supervision the child is placed, for the care of 12 or fewer children, including children who reside at the home.

“Church or place of worship” means a building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses.

“City” means the city of East Wenatchee.

“Clinic” means a building designed and used for medical, dental and surgical diagnosis and treatment of outpatients under the care of doctors and nurses, having a central reception room for three or more doctors and operating under a central medical management.

“Collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

“Combined parking” means an arrangement between private parties which satisfies the parking requirements by allocating the requisite number of spaces for each use in a common parking facility, cooperatively established or operated. Combined parking is more particularly described in EWMC 17.72.010.

“Commission” means the East Wenatchee planning commission.

“Commission” means the Federal Communications Commission (“FCC”).

“Community youth center” means an enclosed structure open to the general public that is owned and operated by the city of East Wenatchee or another public agency and that is used predominantly by children for cultural, educational, recreational, or social purposes.

“Comprehensive plan” means the current comprehensive plan as adopted by the council pursuant to state law.

“Concealment” means fully hidden from view. For example, a WCF is concealed when it is completely hidden or contained within a structure, such as a building, wall, roof or pole.

“Conditional use” means the uses, identified in Chapters 17.64 and 17.66 EWMC, which may be permitted subject to the conditions imposed by either the code compliance officer or the board of adjustment, in accordance with the provisions of this code.

Construction Material, Basic. “Basic construction material” means all concrete products, lumber, steel, cement and generally those materials used for structural support.

“Construction sign” means any sign used to identify the architects, engineers, contractors, or other individuals or firms involved with the construction of a building; and to show the design of the building or the purpose for which the building is intended.

“Cooperative” means the growing, production, processing, transportation, and delivery of cannabis (i.e., marijuana), by qualifying patients or designated providers for medical use, as set forth in RCW 69.51A.250.

“Council” means the city council for the city of East Wenatchee.

“County” means the county of Douglas, Washington.

“Coverage” means the total ground coverage of all buildings or structures on a site measured from the outside of external walls or supporting members, not including: pools; uncovered patios; uncovered decks less than 30 inches in height (exclusive of safety railings); driveways; open steps and buttresses; terraces; and ornamental features projecting from buildings or structures which are not otherwise supported by the ground.

“Cryptocurrency” means a digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank. Bitcoin is the most common example of cryptocurrency.

“Cryptocurrency mining” means the operation of specialized computer equipment for the primary purpose of mining one or more blockchain-based cryptocurrencies such as Bitcoin. This activity typically involves the solving of algorithms as part of the development and maintenance of a blockchain which is a type of distributed ledger maintained on a peer-to-peer network. Typical physical characteristics of cryptocurrency mining include specialized computer hardware with a nondiverse electrical use for mining operations as well as equipment to cool the hardware and operating space. For the purposes of the associated regulations, cryptocurrency mining does not include the exchange of cryptocurrency or any other type of virtual currency nor does it encompass the use, creation, or maintenance of all types of peer-to-peer distributed ledgers.

“Cul-de-sac” means a street closed at one end by a circular area of sufficient size for turning vehicles around. (Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.050 D definitions.

“Data center” means a facility where the primary use is to house and operate networked computer systems and associated components that include, but may not be limited to, power supply, data communications connections, environmental controls, and security devices. Facilities or operations that meet the definition of “cryptocurrency mining” will be regulated under that land use designation.

“Deck” means a covered or uncovered structure which requires a foundation or other supporting structure and is more than 30 inches in height (exclusive of safety railings) as measured from the average finished grade under the deck to the floor elevation.

“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights such as are compatible with the full exercise and enjoyment of the public uses to which the property has been dedicated.

“Density” means the permissible number of dwelling units that may be developed on a specific amount of land area, measured in number of dwelling units per acre.

“Directional sign” means a sign designed to guide or direct pedestrian or vehicular traffic to an area, place or convenience, and may include incidental graphics such as trade names and trademarks but does not contain advertising or promotional information.

“Directory sign” means a sign listing the names, uses, addresses or locations of the various businesses or activities conducted within a multi-tenant building or multi-tenant complex for the purpose of identification and direction only, and containing no advertising.

“Dispense” means the interpretation of a prescription or order for a controlled substance and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.

“Dispenser” means a practitioner who dispenses.

“Distributed antenna system” or “DAS” means a network consisting of transceiver equipment at a central hub site to support multiple antenna locations throughout the desired coverage area.

“Drive-in restaurant” or “refreshment stand” means any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises.

“Driveway” means a private access way connected to a public street serving a single residential or commercial unit.

Driveway, Joint Usage. “Joint usage driveway” means a private access way connecting to a public street serving up to three adjacent residential or commercial units at a single point.

“Dwelling” means a building or portion thereof designed exclusively for residential occupancy, but not including hotels, boardinghouses and lodging houses.

Dwelling, Detached. “Detached dwelling” means a dwelling unit surrounded on all sides by open spaces.

Dwelling, Multifamily. “Multifamily dwelling” means a building containing three or more dwelling units.

Dwelling, Single-Family. “Single-family dwelling” means a building containing one dwelling unit on one lot, other than an accessory dwelling. A single-family dwelling unit can be either an attached or a detached unit, provided each dwelling unit is located on a separate lot.

Dwelling, Single-Family Small Lot. “Single-family small lot dwelling” means a single-family dwelling on a lot that is less than 5,000 square feet.

Dwelling, Townhome. “Townhome dwelling” means a building containing a row of at least three dwelling units in which each unit has its own front access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common walls. Townhomes qualify as a type of multifamily dwelling.

Dwelling, Triplex. “Triplex dwelling” means a building that contains three dwelling units. Each unit must share a common wall or common floor/ceiling with at least one other unit. Triplexes qualify as a type of multifamily dwelling.

Dwelling, Two-Family or Duplex. “Two-family dwelling” or “duplex” means a building that contains two dwelling units on one lot. The units must share a common wall or common floor/ceiling. This definition does not include accessory dwelling units.

“Dwelling unit” means a building or portion thereof containing living facilities, including provision for sleeping, eating, cooking, and sanitation for not more than one family. (Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.060 E definitions.

“Easement” means a grant by a property owner to specific persons or to the public to use land for a specific purpose or purposes.

“Electric vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. “Electric vehicle” includes:

A. Battery Electric Vehicle (BEV). Any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries, and produces zero tailpipe emissions or pollution when stationary or operating;

B. Plug-In Hybrid Electric Vehicle (PHEV). An electric vehicle that (1) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (2) charges its battery primarily by connecting to the grid or other off-board electrical source; (3) may additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and (4) has the ability to travel powered by electricity;

C. Neighborhood Electric Vehicle. A self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than 20 miles per hour and not more than 25 miles per hour and conforms to federal regulations under 49 CFR 571.500; and

D. Medium-Speed Electric Vehicle. A self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more than 25 miles per hour but not more than 35 miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 CFR 571.500.

E. Provisions may also be made for facilities to support electric scooters and motorcycles: any two- or three-wheel vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries and produces zero emissions or pollution when stationary or operating.

“Electric vehicle charging station” means a public or private parking space located together with a battery charging station which permits the transfer of electric energy (by conductive or inductive means) to a battery or other storage device in an electric vehicle.

“Electric vehicle infrastructure” means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.

“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.

“Eligible facilities request” means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

A. Collocation of new transmission equipment;

B. Removal of transmission equipment; or

C. Replacement of transmission equipment.

“Eligible support structure” means any tower or base station as defined in this section; provided, that it is existing at the time the relevant application is filed with the city under this section.

“Emergency vehicle access” means an improved easement providing access to structures for fire apparatus and other emergency vehicles as provided for in Section 503.1 of the International Fire Code as adopted by East Wenatchee and meeting the requirements of a fire apparatus access street as per EWMC 15.16.010.

“Environmental health standards” means those standards for the provision of adequate water and sewage treatment facilities in Douglas County and East Wenatchee which have been adopted by the Chelan-Douglas health district.

“Equipment structure or enclosure” means a facility, shelter, cabinet or vault used to house and protect electronic or other associated equipment necessary for processing wireless communications signals. “Associated equipment” may include, for example, air conditioning, backup power supplies and emergency generators.

“Established” means that a structure or use conformed to applicable zoning regulations at the time the structure was built or a use or building permit has been granted and has not expired.

“Exterior boundaries” means all property located adjacent to the area of a proposed project action subject to a project permit, and located adjacent to other property owned by the project permit applicant, which property is located adjacent to the proposed project permit property boundary.

“Extremely low-income household” means a single person, family, or unrelated persons living together whose adjusted income is at or below 30 percent of the median household income adjusted for household size for the county where the household is located, as reported by the United States Department of Housing and Urban Development. (Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.070 F definitions.

“FAA” means the Federal Aviation Administration.

“Family” means an individual, or two or more persons related by blood or marriage, or a group of not more than three persons, excluding servants, who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling unit.

Farm Animal, Large. “Large farm animal” means animals including, but not limited to, horses, ponies, donkeys, mules, cows, llamas, bovines, goats, sheep, or other similar size and type of animal. Dogs, cats and other house pets are not considered farm animals.

Farm Animal, Small. “Small farm animal” means poultry, rabbit, or other similar size and type of animal. Dogs, cats and other house pets are not considered farm animals.

“FCC” or “Federal Communications Commission” shall mean the federal administrative agency, or lawful successor, authorized to regulate and oversee communications carriers, services and providers on a national level.

“Fences” means front, side and rear yard fences which partially or completely enclose the front, side or rear yard respectively. A building permit shall not be required to construct fences six inches or less in width and six feet or less in height; however, all fences shall comply with EWMC 17.72.160. The term “fence” shall also include hedges and/or similar plantings that effectively create a visual or physical barrier; provided, that such vegetative “fences” shall not be considered acceptable as barriers surrounding pools.

“Final plat” means the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in Chapter 271, Laws of 1969, First. Ex. Session, and in this title adopted pursuant thereto.

“Flashing or blinking sign” means an electric sign or a portion thereof (except changing message centers) which changes light intensity in a sudden transitory burst, or which switches on and off in a constant pattern in which more than one-third of the incandescent light source is off at any one time.

“Freestanding sign” means a sign permanently supported from the ground in a fixed location by a structure of poles, uprights, braces or monumental base and not supported by nor attached to a building. The base of such sign shall be located on the business property. Pole signs and monument signs are considered to be freestanding signs.

“Frontage” means the property line which abuts the principal means of access to the property. (Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.080 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, Commercial. “Commercial garage” means a building or portion thereof designed and used for the storage or servicing of motor vehicles as a business.

Garage, Private. “Private garage” means a building or portion of a building in which motor vehicles are stored or kept as an accessory use.

“Gross floor area” means the sum of the gross horizontal areas within the surrounded walls of the several floors of a building but not including any of the following:

A. Elevator shafts and stairways;

B. Restrooms and locker rooms;

C. Lunch rooms and conference rooms not open to the general public;

D. Stock rooms or storage rooms when not open to the general public;

E. Enclosed loading docks and corridors when not open to the general public;

F. Building mechanical spaces for heating, ventilation, electrical, elevators or other such mechanical equipment;

G. Public lobbies, common mall areas, atriums and courtyards provided solely for pedestrian access to the building from the exterior, and/or for aesthetic enhancement or natural lighting purposes; provided, that any portion of common areas or other areas identified in this section that contain a permanent retail establishment (i.e., a structure, kiosk, seating area, or counter) shall be included in the calculation of the gross floor area for determining the required parking;

H. Permanently designated pedestrian corridors/passageways in multi-occupancy buildings (i.e., not subject to relocation by the requirements of a specific lease) for common access and exiting to tenant spaces.

“Group housing” means housing intended for residential occupancy of college students including dormitories, fraternity and sorority houses and eleemosynary sponsored living units. (Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.090 H definitions.

“Handling or processing of hazardous substances” means the use, dispensing, wholesaling, retailing, compounding, manufacturing, storage, treatment or synthesis of hazardous substances in quantities greater than five gallons in volume per individual container.

“Hazardous waste” means all dangerous and extremely dangerous wastes as defined by WAC 173-303-070 through 173-303-103.

“Home occupation” means a lawful business, occupation, enterprise, or profession conducted within a residential structure, including the dwelling or an attached or detached accessory structure, by a person residing within the dwelling plus no more than one nonresident individual. The home occupation must be clearly incidental and secondary to the use of the structure and premises for residential purposes.

“Hospital” means an establishment whose primary function is to provide sleeping and eating facilities to persons receiving medical or surgical care with nursing service on a continuous basis.

“Hotel” means a building or portion thereof designed or used for transient rental of more than five units for sleeping purposes. A central kitchen and dining room and accessory shops and services catering to the general public can be provided. “Hotel” does not include institutions housing persons under legal restraint or requiring medical attention or care.

“Humanistic services facility” means a facility providing relief for disadvantaged persons, whether for compensation or not, of a spiritual, material or medical nature. Such relief services may include any or all of the following: emergency care including lodging, meals and other temporal items, religious services, professional counseling, rehabilitation of trade skills, food storage and dispensing and medical assistance. Nothing in this definition should be construed to include sheltered care or the detoxification of inebriates. (Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.100 I definitions.

“Illuminated sign” means an electric sign or other sign employing the use of lighting sources for the purpose of decorating, outlining, accentuating or brightening the sign area.

A. Indirectly illuminated signs are signs that are illuminated from an external source that may or may not be attached to the sign.

B. Internally illuminated signs are signs where the source of the illumination is inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source.

“Informational sign” means an on-premises sign which is incidental and necessary for public safety and convenience and general information that has a purpose secondary to the use of the property on which it is located, such as restrooms, telephone, help wanted, hours of operation, acceptable credit cards, recycling containers, no trespassing, parking space designations (compact, handicapped, no parking, etc.), and vehicle impound signs required under RCW 46.55.070. (Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.110 J definitions.

“Junkyard” means a place where junk, waste or discarded or salvaged materials such as scrap metal, bones, rags, used cloth, used rubber, used rope, used bottles, old or used machinery, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates, used pipe or pipe fittings, used tires or other manufactured goods are bought, sold, exchanged, stored, baled, packed or handled. (Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.120 K definitions.

“Kennel” means a structure, enclosure, or lot on which any combination of four or more dogs, cats or other domestic animals, at least four months of age, are kept for sale, board, propagation, training, sporting purposes, or cared for as pets or for any other purpose. (Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.130 L definitions.

“Landscaping” means any material used as a decorative feature, such as shrubbery or planting materials, planter boxes, concrete bases, brick work, decorative framing or pole covers, used in conjunction with a sign which expresses the theme of the sign and related structure but does not contain advertising copy.

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

“Licensee” or “marijuana licensee” means any person or entity that holds a marijuana license, or any person or entity who is a true party of interest in a marijuana license, as outlined in WAC 314-55-035.

“Livestock” means animals including, but not limited to, fowl, horses, mules, burros, asses, cattle, sheep, goats, llamas, emu, ostriches, rabbits, swine, or other farm animals, excluding dogs and cats.

“Local government” means the city of East Wenatchee.

“Lodging house” means a building with not more than five guest rooms where lodging is provided for compensation.

“Lot” means a fractional part of subdivided lands having fixed boundaries being of sufficient area and dimensions to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.

Lot, Corner. “Corner lot” means a lot located at the intersection of two or more streets. A lot abutting a curved street or streets must be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.

Lot Line, Front. “Front lot line” means any property line of a lot which abuts a street other than an alley. Corner lots, or lots bounded by more than one street, shall be considered to have two front lot lines.

Lot Line, Rear. “Rear lot line” means the property line that is most opposite or most distant from the designated front lot line. Corner lots with two front yards must designate one rear lot line, maintaining the applicable required rear yard. The remaining lot line will be a side lot line. In the case of a triangular or otherwise irregularly shaped lot, the rear lot line is a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

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

“Lot of record” means a lot as designated on a plat upon which an owner of land lays it off into lots and blocks and dedicates any street indicated thereon to the public, which plat has been approved by the legislature and/or planning authority having jurisdiction thereof and has been filed for record with the auditor of Douglas County, Washington, including all lots having metes and bounds descriptions outside of the major subdivisions as such lots existed pursuant to the records of the Douglas County assessor’s office as of the effective date of the ordinance codified in this title.

Lot, Substandard. “Substandard lot” means a lot that was lawfully established and met the lot area and lot width requirements of this code when it was established but does not conform to the lot area and width required to create a new lot in the zone in which it is currently located.

Lot, Through. “Through lot” means a lot having frontage on two parallel or private roads that do not intersect at the lot line.

“Lot width” means the distance between the side lines of a lot. Lot width shall be determined by the diameter of the largest circle that can be drawn within the boundaries of a lot. The diameter of the circle must be equal to or greater than the minimum lot width requirement of the underlying zone.

Lot, Zoned. “Zoned lot” means lot of record.

“Low-income household” means a single person, family, or unrelated persons living together whose adjusted income is at or below 80 percent of the median household income, adjusted for household size, for the county where the household is located, as reported by the United States Department of Housing and Urban Development. (Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.140 M definitions.

“Macrocell” means a tower or an attached wireless communication facility which consists of antennas equal to or less than 15 feet in height or a parabolic antenna up to one meter (39.37 inches) in diameter and with an area not more than 75 square feet in the aggregate as viewed from any one point.

“Manufactured home” means a factory-built, residential single-family dwelling structure constructed after June 15, 1976, and in accordance with the U.S. Department of Housing and Urban Development (HUD) standards and requirements for manufactured housing construction and bearing the appropriate insignia indicating such compliance.

“Marijuana” or “marihuana” 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. The term 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 concentrates” means products consisting wholly or in part of the resin extracted from any part of the plant cannabis and having a THC concentration greater than 60 percent.

“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.

“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 marijuana retailers.

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

“Marijuana-related business” means a business operating under a license issued in accordance with Chapter 314-55 WAC as a marijuana producer, a marijuana processor, or a marijuana retailer.

“Marijuana retailer” means a person licensed by the State Liquor and Cannabis Board to sell marijuana concentrates, usable marijuana and marijuana-infused products in a retail outlet.

“Marquee” means a permanent roof-like structure extending from part of a wall of a building and supported solely by the building.

“Marquee sign” means any sign that forms part of or is integrated into a marquee and that does not extend beyond the limits of such marquee.

“Medical use of marijuana or cannabis” means the manufacture, production, possession, transportation, delivery, ingestion, application, or administration of marijuana for the exclusive benefit of a qualifying patient in the treatment of his or her terminal or debilitating medical condition.

“Microcell” shall mean a wireless communication facility consisting of an antenna that is either:

A. Four feet in height and with an area of not more than 580 square inches; or

B. If a tubular antenna, no more than four inches in diameter and no more than six feet in length.

“Miniature goat” means those types of goats commonly known as pygmy, dwarf and miniature goats.

“Minor facility” means a wireless communication facility consisting of up to three antennas, each of which is either: (A) four feet in height and with an area of not more than 580 square inches; or (B) if a tubular antenna, no more than four inches in diameter and no more than six feet in length; and the associated equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area.

“Mobile home” means a factory-built, residential single-family dwelling structure constructed before June 15, 1976, and which is designed for transportation after fabrication in one or more sections on public streets and highways on its own chassis and wheels, and arriving at the site where it is placed on a foundation or tied down and skirted, with towing tongue, axles and wheels removed. Such a unit includes the connection to electric power, water supply and sewage disposal facilities.

“Mobile/manufactured home park” means a lot, parcel or tract of land under single ownership or control occupied or designed to be occupied by two or more mobile or manufactured homes which are or will become used for single-family dwelling purposes.

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

“Monument sign” means a freestanding sign permanently affixed to the ground by a wide, solid base that is the same or nearly the same width as the sign face, with no open space between the sign and the ground.

“Motel” means a building or group of buildings in which lodging is offered to transient guests for compensation and providing accommodations for automobiles adjacent to the lodging. This term includes tourist court, motor lodge, auto court, cabin court, motor inn and similar names.

“Multi-tenant complex” means all of the following: a group of separate buildings operating under a common name or ownership; a group of separate buildings which share a common lot, access and/or parking facility; a group of separate buildings on adjoining lots for which the property owners have requested in writing to be considered as a multi-tenant complex; a building or lot containing multiple dealership franchises or service support facilities; or a single building containing multiple tenant spaces where there are specific exterior pedestrian entrances for individual tenants.

Municipal Buildings. Notwithstanding any contrary provisions found elsewhere in this title, “municipal buildings” means those structures owned and maintained by units of government and used exclusively for authorized governmental functions mandated by statute. Not included are structures whose primary use is that of public assembly.

“Mural” means a drawing or picture painted on a wall which contains no printed words and which depicts no logo or other business symbol. (Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.150 N definitions.

“Nonconforming sign” means a sign which was legally installed under laws or ordinances in effect prior to the effective date of the ordinance codified in this chapter or subsequent revisions, but which is in conflict with the current provisions of this chapter.

“Nonconforming structure” means a structure which was lawful when established which does not now conform to the development standards of the zone in which it is located.

“Nonconforming use” means a use of land or a structure which was lawful when established and which does not now conform to the use of the zone in which it is located.

“Nonresidential” or “nonresidential zone” means all portions of the city (including rights-of-way adjacent thereto, measured to the centerline of the right-of-way) in an area not zoned residential as defined in this chapter.

“Normal maintenance” means to restore a sign to a state comparable to its original condition within a reasonable period after decay or partial destruction except where repair involves a total replacement. (Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.160 O definitions.

“Off-premises sign” means a sign which advertises or promotes merchandise, service, goods, or entertainment which are sold, produced, manufactured or furnished at a place other than on the property on which the sign is located.

“Off-site hazardous waste facilities” means hazardous waste treatment and storage facilities that treat and store hazardous waste from generators on properties other than those properties which the facilities are located on or are geographically contiguous to.

“Official plans” means those official maps, development plans or portions thereof adopted by the city council. The comprehensive plan, however, is not included in this definition of “official plans.”

“On-premises sign” means a sign incidental to a lawful use of the premises on which it is located, advertising the business transacted, services rendered, goods sold or products produced on the premises or the name of the business, person, firm, or corporation occupying the premises.

“On-site hazardous waste facilities” means hazardous waste treatment and storage facilities that treat and store hazardous waste directly associated with the principal use of the property from generators located on the same property; provided, that such facilities comply with the state siting criteria contained in RCW 70.105.210 and WAC 173-303-282, or its successor.

“Open record hearing” means a hearing conducted by a single hearing body or officer including, but not limited to, the hearing examiner or planning commission, authorized by the city council to conduct such hearings, that creates the city’s record through testimony and submission of evidence and information, under procedures prescribed under Chapter 19.04 EWMC. An open record hearing may be held prior to the city’s decision on a project permit or on an appeal if no open record hearing has been held on the project permit. (Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.170 P definitions.

“Parapet” means that portion of a building wall which extends above the roof of a building.

“Parking space” or “parking stall” means an area accessible to vehicles and used exclusively or principally for vehicle storage.

“Parties of record” means:

A. The applicant;

B. The property owner (if different from the applicant);

C. Any person who testified at the open record public hearing on the application; and

D. Any person who submitted written comments concerning the application (excluding persons who have only signed petitions or mechanically produced form letters).

“Pasture area” means that area which is enclosed within a perimeter fence, and does not include that portion of the property used for residential purposes such as required front yards and side yards. Pasture areas must be maintained with a permanent, uniform, vegetative top cover that provides forage at levels that match the forage needs of the animal, and must be kept free of noxious weeds.

“Patio” means a covered or uncovered pad constructed of poured concrete, wood, brick, or other like materials and which lies directly on the ground or is 30 inches in height or less.

“Perimeter” means a property line that encloses an area.

“Permissive use” means a primary use of the land allowed in accordance with provisions of the use district in which it is located.

“Personal service” means services to human beings including, but not limited to, beauty salons, barber shops, tanning salons, tailoring, shoe repair, specialty boutiques, day spas, and similar services.

“Personal wireless services” shall mean commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations.

“Personal wireless services facilities” shall mean facilities for the provision of personal wireless services.

“Pet boarding” means the keeping of otherwise healthy animals not requiring medical or surgical treatment for one or more nights.

“Pet or companion animal” means any species of animal commonly kept by inhabitants of Washington State as a pet or for companionship, except that snakes exceeding eight feet in length, venomous reptiles (regardless of whether the venom glands have been removed), and venomous amphibians (regardless of whether the venom glands have been removed) are not domestic animals, even if such animals are commonly kept by inhabitants of Washington State as pets or for companionship.

“Place of public or private assembly” means a building used in whole or in part for the gathering together of persons for such purposes as deliberation, entertainment, amusements or awaiting transportation. Clubs, lodges, theaters and similar uses shall fall under this definition.

“Plat” means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.

“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.

“Pole” shall mean a legally constructed pole, such as a utility, lighting, traffic signal or similar pole made of wood, concrete, metal or other material, located or to be located within the public right-of-way. A pole does not include a tower or support structure.

“Pole sign” means a freestanding sign permanently supported by one or more uprights, poles, pylons or braces in or on the ground, and is not defined as a monument sign. The base of such sign shall be located on the business property.

“Political sign” means temporary signs for local, state or national purposes advertising a candidate or candidates for public elective office or a political party, signs urging a particular vote on a public issue or referendum decided by ballot, or signs expressing a noncommercial viewpoint.

“Portable sign” means a sign that is capable of being moved easily and not permanently affixed to the ground, a structure, or a building (does not include sandwich board signs).

Potbelly Pig, Miniature. “Miniature potbelly pig” means that type of swine commonly known as the Vietnamese, Chinese, or Asian potbelly pig (Sus scrofa vittatus) that is 22 inches or less in height at the shoulder and no more than 150 pounds in weight.

“Poultry” means chickens, ducks, geese, or similar types of domesticated birds kept for eggs or meat.

“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks and restrictive covenants to be applicable to the subdivision, and other elements of a plat or subdivision which shall furnish a basis for approval or disapproval of the general layout of a subdivision.

“Primary or principal use” means the predominant use of the land or building to which all other uses are secondary.

“Professional offices” means offices maintained and used as places of business conducted by persons engaged in health services for human beings, such as doctors and dentists, and by engineers, attorneys, realtors, architects, accountants, clerical, and other recognized general office and medical occupations.

“Project permit” means any land use or environmental permit or license required from the city for a project action including, but not limited to, building permits, boundary line adjustments, sign permits, binding site plans, critical areas permits, home occupation permits, subdivisions, conditional use permits, planned unit developments, variances, shoreline permits (exemptions, substantial development, conditional use, variance). Comprehensive plan amendments, rezones and development regulations amendments are not considered project permits.

“Projecting sign” means any sign, other than a wall sign, which projects from and is supported by a wall of a building or structure, excluding awnings.

“Public facilities” means land or structures owned by or operated for the benefit of the public use and necessity, including but not limited to public facilities as defined in RCW 36.70A.030, as amended, and may include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools.

“Public meeting” means a meeting, hearing or workshop, or other public gathering for one or more of the following purposes: to obtain comments from the public or other agencies on a permit or proposal; to discuss aspects of a permit or proposal; or to receive a recommendation on a permit or proposal from a hearing body and take action on that recommendation. A public meeting does not constitute an open record public hearing and therefore does not add to or create the record for a project permit or appeal.

“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 right-of-way” shall mean the area on, below, or above property that has been designated for use as or is used for a public street, sidewalk, alley or similar purpose, and for purposes of this chapter shall include public utility easements, but only to the extent the city has the authority to permit use of the area for communications facilities. The term does not include a state or federal highway or other areas that are not within the legal jurisdiction, ownership or control of the city.

“Public services” include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.

“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. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.180 Q definitions.

Reserved. (Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.190 R definitions.

“Reader board” means a sign on which different messages can be displayed.

A. A manual reader board includes messages which are changed by use of removable letters that must be physically placed and arranged on the sign. Messages are usually displayed for periods of 24 hours or longer.

B. Electronic reader boards utilize computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs or a flipper matrix, and may also enable changes to be made to messages from locations other than at the sign.

“Real estate sign” means a sign that advertises the real estate on which it is located for rent, lease, or sale.

“Reception window obstruction” shall mean a physical barrier which would block an electromagnetic signal.

“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.

“Replace” or “replacement” shall mean, in connection with an existing pole or support structure, to replace the same with a new structure or pole, substantially similar in design, size and scale to the existing structure in conformance with this chapter and other applicable city regulations, in order to address limitations of the existing structure to structurally support collocation or placement of a communications facility.

“Residential dwelling unit” means a building or portion thereof designed exclusively for a residential occupancy including one-family, two-family, three-family and multifamily dwellings.

“Residential property” means all portions of any property which contains a residence and any vacant property which has been designated for residential use in an approved mixed use project.

“Residential sign” means any sign located in a residential district that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service location conforms with all requirements of this title.

“Residential zone” shall include the R-L, R-M, and R-H zoning districts and rights-of-way adjacent to each of the aforementioned zones, measured to the centerline of the right-of-way.

“Reserve easement” means a strip of land between a subdivision boundary and a street within an approved subdivision, the control of which strip is deeded to the city.

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

“Reverse frontage lots” means lots which have two opposite sides abutting two parallel or approximately parallel streets.

“Roadway” means that surface or portion of a street or alley right-of-way that is improved for vehicular traffic only.

“Roof sign” means any sign erected upon, against, or directly above a roof or roof eave, or on top or above the parapet, or on a functional architectural appendage above the roof or roof eave which exceeds the highest point of a roof or parapet wall.

(Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.200 S definitions.

“Satellite dish antenna(s)” shall mean a type of antenna(s) and supporting structure consisting of a solid, open mesh, or bar configured reflective surface used to receive and/or transmit radio frequency communication signals. Such an apparatus is typically in the shape of a shallow dish, cone, horn, or cornucopia. There are generally two sizes of antennas:

A. “Large satellite dish” shall mean any satellite dish antenna(s) whose diameter is greater than one meter in residential zones or two meters in industrial or commercial zones.

B. “Small satellite dish” shall mean any satellite dish antenna(s) whose diameter is less than or equal to one meter located in any zoning district or two meters within industrial or commercial zones.

“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.

“Secondary use” means a use within the structure which is subordinate to its principal use.

“Setback distance” means the minimum required distance between a structure and a specified line such as a lot line, easement or buffer line that is required to remain free of structures.

“Setback line” means a line parallel to the property line and located at the minimum setback distance from the property line.

“Sexually oriented materials” means any books, magazines, periodicals, or other printed materials or any photographs, films, motion pictures, video cassettes, slides, laser discs, digital versatile 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. The term “sexually oriented materials” includes any instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.

“Shared parking” means an arrangement between private parties which routinely experience peak parking accumulations at different times of the day, week, or season, and that parking spaces not occupied by one use can accommodate another, nearby use. Examples might include a movie theater and office building, or church and office building. Shared parking is more particularly described in EWMC 17.72.010.

“Short plat” means the map or representation of a short subdivision.

“Short subdivision” means the division or redivision of land into nine or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership.

“Short-term rental” means temporary lodging for charge or a fee at a dwelling for a rental period of less than one month, or less than 30 continuous days if the rental period does not begin on the first day of the month.

“Sign” means a communication design, device, structure, or fixture that incorporates graphics, graphic designs, symbols, colors, figures, logos, trademarks, or written copy, for the purpose of conveying a particular message to public observers. Painted designs, murals, or patterns located on a building wall or roof which do not represent a product, service or registered trademark/copyright, and which do not identify the user, are not considered signs.

“Small cell facility” means a personal wireless services facility that meets both of the following qualifications:

A. Each antenna is located inside an antenna enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and

B. Primary equipment enclosures are no larger than 17 cubic feet in volume. The following associated equipment may be located outside the primary equipment enclosure and, if so located, are not included in the calculation of equipment volume: electric meter, concealment, telecom demarcation box, ground-based enclosures, battery back-up power systems, grounding equipment, power transfer switch, and cut-off switch.

“Small cell network” means a collection of interrelated small cell facilities designed to deliver personal wireless services.

“Special exceptions” means either variances in the use or space requirements of the zoning ordinance or conditional property uses subject to standards established in the zoning ordinance and approval by the board of adjustment.

“Specified anatomical areas” means and includes any of the following:

A. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

B. Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola.

“Specified sexual activities” means and includes any of the following:

A. The caressing, fondling, or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or

B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or

C. Masturbation, actual or simulated; or

D. Excretory functions as part of, or in connection with, any of the sexual activities specified in this definition.

“Stealth design or technology” means technology that minimizes the visual impact of wireless communications facilities by camouflaging, disguising, screening, and/or blending into the surrounding environment. Examples of stealth design include but are not limited to facilities disguised as trees, flagpoles, bell towers, light poles, pole signs, sculpture, and architecturally screened roof-mounted antennas.

“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 it. If the finished floor level directly above a basement is more than six feet above grade such basement shall be considered a story. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof.

“Streaming video” means electronic video displays utilizing content in motion picture form similar to or otherwise depicting a television screen.

“Street” means an improved and maintained right-of-way which provides vehicular circulation or principal means of access to abutting properties and which may also include provisions for public utilities, pedestrian walkways, public open space and recreation areas, cut and fill slopes and drainage.

Street, Private. “Private street” means a street intended for the use of one or more private individuals and developed and maintained by those private individuals who benefit from its establishment.

Street, Public. “Public street” means a street established and adopted by the proper authorities for the use of the general public and over which every person has a right to pass and use for all purposes of travel or transportation to which it is adapted and developed.

“Structure” means a combination of materials constructed and erected permanently in or on the ground or attached to something having a permanent location on the ground, not including utility poles and related ground- or pad-mounted equipment, fences less than six feet in height, retaining walls, rockeries, paved patios or driveways and other similar improvement of a minor character less than three feet in height.

“Subdivider” means a person, firm, corporation, partnership or association which causes land to be divided or redivided into a subdivision, short subdivision or binding site plan.

“Subdivision” means the division or redivision of land into 10 or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership.

“Substandard street” means a street having less than the standard right-of-way for the class of street as required by EWMC Title 12, as the same exists now or may hereafter be amended.

“Substantial change” means a modification that substantially changes the physical dimensions of an eligible support structure meeting any of the following criteria:

A. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10 percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10 percent or more than 10 feet, whichever is greater;

1. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modification, that were approved prior to the passage of the Spectrum Act;

B. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

C. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure;

D. It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site;

E. It would defeat the concealment elements of the eligible support structure; or

F. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in paragraphs 47 C.F.R. §1.400001(b)(7)(i) through (iv).

“Substantial improvement” means any maintenance, repair, structural modification, addition or other improvement of a site, the cost of which within any 60-month period equals or exceeds 50 percent of the assessed value of the buildings on the site, either before the maintenance, repair, modification or addition is started or before the damage occurred, if the building has been damaged and is being restored.

“Support structure” shall mean a structure designed and constructed specifically to support an antenna array, and may include a monopole, self-supporting (lattice) tower, guy wire support tower and other similar structures. Any device (attachment device) which is used to attach an attached WCF to any existing building or structure (attachment structure) shall be excluded from the definition of and regulations applicable to support structures.

“Suspended sign” means a sign that hangs below the permanent overhang, marquee or canopy extending over public or private sidewalks, pedestrian way, or rights-of-way. (Ord. 24-02 § 5 (Exh. A), 2024; Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.210 T definitions.

“Technical review committee” means a committee that will consist of the city’s planner, engineer, street superintendent, and code compliance officer. Their purpose is to review development proposals for their consistency with the city’s regulations.

“Temporary sign” means any sign, banner, pennant, valance, or advertising display constructed of cloth, paper, canvas, cardboard, and/or other light, nondurable materials. Types of display included in this category are: signs for grand openings, special sales, special events, and garage sales.

“Temporary wireless communication facility” shall mean a WCF to be placed in use for 90 or fewer days, is not deployed in a permanent manner, and does not have a permanent foundation.

“Terrace” means an improved area adjacent to a structure being open and uncovered.

“Tower, guyed” shall mean a tower that is supported, in whole or in part, by wires and ground anchors.

“Tower height” means the vertical distance measured from the base of the tower structure at grade to the highest point of the structure including the antenna.

“Tower, lattice” shall mean a type of tower that is self-supporting with multiple legs and cross bracing of structural metal.

“Tower, monopole” shall mean a type of tower mount that is self-supporting through a single shaft usually constructed of wood, metal or concrete.

“Tower or wireless communications tower” shall mean any structure built for the sole or primary purpose of supporting any Commission-licensed, Commission-authorized antennas and their associated facilities, including structures that are constructed for wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as fixed wireless services such as microwave backhaul, and the associated site.

“Transmission equipment” means any equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including but not limited to private broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.220 U definitions.

“Usable marijuana” means dried marijuana flowers. The term “usable marijuana” does not include either marijuana-infused products or marijuana concentrates.

“Utility” or “utility services” means any water, gas, sanitary or storm sewer, electrical, telephone, irrigation, drainage way, natural gas, facility and/or service and all persons, companies or governmental agencies furnishing the same. (Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.230 V definitions.

“Very low-income household” means a single person, family, or unrelated persons living together whose adjusted income is at or below 50 percent of the median household income adjusted for household size for the county where the household is located, as reported by the United States Department of Housing and Urban Development.

“Veterinary hospital” means a place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use. (Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.240 W definitions.

“Wall sign” means any sign attached to or erected on the exterior wall of the building with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall of the building, projecting less than 12 inches and not extending above the eave line. The top of a parapet wall shall be considered the eave line. The lowest part of a mansard-style roof shall be considered the eave line. Where a parapet wall is combined with a mansard roof, the eave line shall be the top of the parapet.

“Window sign” means any sign that is painted or mounted onto either side of an exterior windowpane or within three feet of an exterior window. Also, any sign that is hung inside the window with the intent of being visible from the exterior in a more than incidental manner, including advertisements for services or products in the form of decals, emblems, paint, exposed neon, banners, etc. If inside the window, the sign message must be visible from the exterior to be considered a window sign. The term does not include merchandise located within three feet of a window.

“Wireless communication facility (WCF)” shall mean any unstaffed facility for the transmission and reception of radio or microwave signals used for commercial communication. A wireless communications facility provides services which include cellular telephone, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, other mobile radio services, and any other service provided by wireless common carriers licensed by the Federal Communications Commission (FCC). A wireless communications facility may be attached to an existing structure or a freestanding tower. A wireless communication facility consists of antenna(s) and related equipment and may include an equipment enclosure, screening, or a support structure. (Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.250 X definitions.

Reserved. (Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.260 Y definitions.

Yard, Front. “Front yard” means an open area that extends across the full width of a lot lying between the front lot line and the front yard setback line measured horizontally and perpendicular from the front lot line.

Yard, Rear. “Rear yard” means an open area that extends across the full width of a lot lying between the rear lot line and the rear yard setback line.

Yard, Side. “Side yard” means an open area that extends from the front yard setback line to the rear yard setback line. (Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)

19.11.270 Z definitions.

“Zero lot line development” means the location of a building on a lot in such a manner that any portion of one or more of the building’s walls rests directly on a side or rear lot line. Each dwelling in a zero lot line development shall be located on its own individually platted lot.

(Ord. 22-15 § 5 (Exh. A), 2022; Ord. 22-08 § 5 (Exh. D), 2022; Ord. 21-28 § 5 (Exh. A), 2021)