Chapter 18.02 DEFINITIONS

“Accessory dwelling unit” means a subordinate dwelling unit that is either incorporated within a single-family structure or located within a separate freestanding structure. (Ord. 2022-01 § 1, 2022; Ord. 99-23 § 1, 1999).

18.02.005 Accessory use or structure.

“Accessory use or structure” means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. (Ord. 94-06 § 2, 1994).

18.02.006 Adult bookstore.

“Adult bookstore” means a commercial establishment which has a minimum of 20 percent of its stock in trade in books, magazines or other periodicals distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Such an establishment is customarily not open to the public generally but only to one or more classes of the public, excluding minors by virtue of age. It shall be a refutable presumption that 20 percent of a business’s stock in trade is considered substantial. (Ord. 94-06 § 2, 1994).

18.02.007 Adult motion picture theater.

An “adult motion picture theater” is an enclosed building used for presenting motion picture films, videocassettes, cable television or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. This term includes outdoor drive-in theaters or structures which present similar films, movies or other visual media depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons. (Ord. 94-06 § 2, 1994).

18.02.008 Adult uses.

“Adult uses” shall include adult motion picture theaters, adult drive-in theaters, adult bookstores and adult entertainment establishments. (Ord. 94-06 § 2, 1994).

18.02.009 Adult entertainment establishment.

An “adult entertainment establishment” means any business or operation regulated by Chapter 18.02 EMC, including any business or operation that involves an exhibition or dance by persons that is distinguished or characterized by an emphasis on conduct that depicts, displays or relates to specified sexual activities or specified anatomical areas as defined in EMC 18.02.502 and 18.02.503. Such an establishment customarily excludes persons by virtue of age from all or a portion of the premises. (Ord. 94-06 § 2, 1994).

18.02.010 Agriculture.

“Agriculture” means the use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, apiaries and animal and poultry husbandry, and the necessary accessory uses for storing produce; provided, however, that the operation of any such accessory use shall be incidental to that of normal agricultural activities, and provided further that such uses shall not include the commercial feeding of garbage or refuse to swine or other animals. (Ord. 94-06 § 2, 1994).

18.02.015 Alley.

“Alley” means a public or private way not more than 30 feet wide affording only secondary means of access to abutting property or providing access to no more than three lots or potential lots. Alleys are typically unnamed. (Ord. 2000-02 § 3, 2000; Ord. 94-06 § 2, 1994).

18.02.020 Apartment.

“Apartment” means a dwelling unit in a multifamily building. (Ord. 94-06 § 2, 1994).

18.02.025 Apartment house (multifamily dwelling).

“Apartment house” means any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied, as the home or residence of three or more families living independently of each other and doing their own cooking in such building, and shall include flats and apartments. (Ord. 94-06 § 2, 1994).

18.02.030 Automobile repair.

“Automobile repair” includes fixing, incidental body or fender work, changing of automobile fluids, painting, upholstering, engine tune-up, adjusting lights or brakes, or supplying and installing replacement parts of or for passenger vehicles and trucks. (Ord. 94-06 § 2, 1994).

18.02.033 Automatic teller machine.

“Automatic teller machine” means a device for transacting business with a bank, utility, or any other business. Automatic teller machines provide two-way communications, including the provision of receipts. (Ord. 99-06 § 1, 1999).

18.02.035 Automobile service station or gasoline filling station.

“Automobile service station” or “gasoline filling station” means a building or lot having pumps and storage tanks where fuels, oils or accessories for motor vehicles are dispensed, sold or offered for sale at retail only, repair service is incidental and no storage or parking space is offered for rent. (Ord. 94-06 § 2, 1994).

18.02.040 Automobile wrecking or motor vehicle wrecking.

“Automobile wrecking” or “motor vehicle wrecking” means the dismantling or disassembling of motor vehicles or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts. (Ord. 94-06 § 2, 1994).

18.02.045 Basement.

“Basement” means that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is more than the vertical distance from grade to ceiling. (Ord. 94-06 § 2, 1994).

18.02.050 Board of adjustment.

“Board of adjustment” means the town board of adjustment created in accordance with RCW Title 35 which, in the case of Eatonville, is also the planning commission. (Ord. 94-06 § 2, 1994).

18.02.055 Boarding or lodging home.

“Boarding or lodging home” means a dwelling or part thereof, other than a motel or hotel, where lodging, with or without meals, is provided, for compensation, for not more than three persons. (Ord. 94-06 § 2, 1994).

18.02.060 Building.

“Building” means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property of any kind. (Ord. 94-06 § 2, 1994).

18.02.065 Building height.

“Building height” means the vertical distance from the grade at the front of the building to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the average height of the highest gable of a pitch or hip roof. (Ord. 94-06 § 2, 1994).

18.02.070 Canopy.

“Canopy” means a roof-like projection. (Ord. 94-06 § 2, 1994).

18.02.071 Cargo container.

“Cargo container” means a large container for freight which can be loaded onto container ships, trains, or trucks. (Ord. 2006-08 § 1, 2006).

18.02.075 Comprehensive plan.

“Comprehensive plan” means the plans, maps and reports which have been adopted by the town council in accordance with Chapter 35.63 RCW or RCW Title 35A. (Ord. 94-06 § 2, 1994).

18.02.080 Combining district.

“Combining district” means district regulations superimposed on an underlying zoning district which impose additional regulations for specific uses, and which are valid for a stipulated time period. Uses permitted by the underlying zone may also be developed. (Ord. 94-06 § 2, 1994).

18.02.085 Common open space.

“Common open space” means a parcel of land or an area of water or a combination of land and water within the site designated for a planned unit development, and designed and intended primarily for the use or enjoyment of the residents of such development. (Ord. 94-06 § 2, 1994).

18.02.090 Conditional use.

“Conditional use” means a use permitted in a zoning district only after review and approval by the board of adjustment. Conditional uses are such that they may be compatible only on certain conditions in specific locations in a zoning district, or if the site is regulated in a certain manner. (Ord. 94-06 § 2, 1994).

18.02.091 Cottage housing.

“Cottage housing” means a cluster or clusters of small detached dwelling units arranged around a common open space. (Ord. 2010-12 § 1, 2010).

18.02.092 Creeks, rivers, major.

The following are major creeks identified by the town:

A. Mashell River;

B. Lynch Creek;

C. Ohop Creek;

D. Little Mashell River. (Ord. 94-06 § 2, 1994).

18.02.093 Creeks, minor.

“Minor creeks” means all creeks other than major creeks and generally conforming to following criteria: a course or route as formed by nature, or as altered by human activity, and generally consisting of a channel with a bed, banks or sides substantially throughout its length along with surface waters, with some regularity, naturally and normally flow or drain from high to lower lands. (Ord. 94-06 § 2, 1994).

18.02.095 Crop and tree farming.

“Crop and tree farming” means the use of land for horticultural purposes, excluding the production of marijuana under a license issued by the Washington State Liquor and Cannabis Board. (Ord. 2019-04 § 2 (Exh. A), 2019; Ord. 94-06 § 2, 1994).

18.02.096 Dangerous wastes.

“Dangerous wastes” means those wastes designated in WAC 173-303-070 through 173-303-103 as dangerous wastes. This may include any discarded, useless, unwanted or abandoned substances, including but not limited to certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife or the environment because such wastes or constituents or combinations of such wastes:

A. Have short-lived toxic properties that may cause death, injury or illness or have mutagenic, teratogenic or carcinogenic properties; or

B. Are corrosive, explosive or flammable, or may generate pressure through decomposition or other means. A moderate risk waste is not dangerous waste. (Ord. 2019-10 § 2 (Exh. A), 2019; Ord. 94-06 § 2, 1994. Formerly 18.02.097).

18.02.097 Day care center.

See EMC 18.02.290, Nursery school. (Ord. 2019-10 § 2 (Exh. A), 2019).

18.02.098 Designated zone facility.

“Designated zone facility” means any hazardous waste facility that requires an interim or final status permit under rules adopted under Chapter 70.105 RCW and Chapter 173-303 WAC, and that is not a preempted facility as defined in RCW 70.105.010 or in Chapter 173-303 WAC. A hazardous waste treatment or storage facility is a designated zone facility. (Ord. 94-06 § 2, 1994).

18.02.100 Development plan.

“Development plan” means a plan drawn to scale, indicating the proposed use, the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location on the lot of the proposed building or alteration, yards, setbacks, landscaping, off-street parking, ingress and egress and signs. (Ord. 94-06 § 2, 1994).

18.02.105 Development standards.

“Development standards” means regulations including but not limited to, setbacks, landscaping, screening, height, site coverage, signs, building layout, drainage, parking and site design and related features of land use. (Ord. 94-06 § 2, 1994).

18.02.107 Discontinuance.

“Discontinuance” means the abandonment or nonuse of a building, structure, sign or lot for a period of six months. (Ord. 94-06 § 2, 1994).

18.02.110 District.

“District” means an area designated by this title, with specific boundaries, in which lie specific zones, which zones are described in this title. (Ord. 94-06 § 2, 1994).

18.02.111 Dock-high loading areas.

“Dock-high loading areas” means truck maneuvering areas and loading or unloading areas associated with loading doors that are located above the finish grade. (Ord. 94-06 § 2, 1994).

18.02.112 Drainage ditch.

“Drainage ditch” means a manmade channel with a bed, bank or sides which discharges waters into a major or minor creek, lake, pond or wetland. (Ord. 94-06 § 2, 1994).

18.02.113 Dripline.

“Dripline” means a circle drawn at the soil line directly under the outermost branches of a tree. (Ord. 94-06 § 2, 1994).

18.02.114 Drive-in business.

“Drive-in business” means a business providing goods and services to customers who may remain in their vehicles. Drive-in businesses may provide service in parallel to a number of customers simultaneously. Such parallel service may be provided either by a moving service point, such as a carhop, or by provision of mass-delivery facilities, such as the large screen and multiple speakers of a drive-in theater. Drive-in businesses may also provide services in series, using drive-through facilities. (Ord. 99-06 § 2, 1999).

18.02.115 Drive-through.

“Drive-through” refers to a fixed facility for the provision of goods or services to customers who remain in their vehicles. Such facilities may include windows, for person-to-person transactions; automatic teller machines; restaurants; fast food restaurants; or drop boxes. Drive-through service is characterized by customers passing the service window, automatic teller machine, or drop box in series, in a line or queue one after another. (Ord. 2019-02 § 1 (Exh. A), 2019; Ord. 99-06 § 3, 1999).

18.02.116 Drop box.

“Drop box” means a facility for deposit of bill payments, mail, or other articles. Communication through drop boxes is one-way, involving customer deposits only; drop boxes provide no immediate communications from business to customer, and are incapable of printing receipts. (Ord. 99-06 § 4, 1999).

18.02.118 Duplex.

“Duplex” means a detached building containing two dwelling units, each with a kitchen, designed for and occupied by two families living independently of each other in separate dwelling units. (Ord. 99-06 § 2, 1999; Ord. 94-06 § 2, 1994. Formerly 18.02.114).

18.02.119 Dwelling, single-family.

“Single-family dwelling” means a detached residential dwelling unit designed for and occupied by one family only. (Ord. 2019-10 § 2 (Exh. A), 2019; Ord. 99-06 § 3, 1999; Ord. 94-06 § 2, 1994. Formerly 18.02.115).

18.02.120 Dwelling, two-family.

“Two-family dwelling” means a detached residential building containing two dwelling units, designed for occupancy by not more than two families. (Ord. 94-06 § 2, 1994).

18.02.125 Dwelling, multiple-family.

“Multiple-family dwelling” means a residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided. (Ord. 94-06 § 2, 1994).

18.02.130 Dwelling unit.

“Dwelling unit” means one room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure or on the same property, and containing independent cooking and sleeping facilities. (Ord. 94-06 § 2, 1994).

18.02.132 Erosion hazard area.

“Erosion hazard areas” include areas that because of natural characteristics, including vegetative cover, soil texture, slope, gradient and rainfall patterns, or manmade changes to such characteristics, are vulnerable to erosion. Erosion hazard areas are those areas that have a severe or very severe erosion potential as detailed in the soil description contained in the “Soil Service of Pierce County Area, Washington,” 1979, Soil Conservation Service, USDA. (Ord. 94-06 § 2, 1994).

18.02.133 Existing use.

“Existing use” means a use for which permits for construction of the principal structure were finaled (occupancy approved) at least three years previously and which has not been interrupted by more than six consecutive calendar months. (Ord. 99-23 § 2, 1999).

18.02.134 Extremely hazardous waste.

“Extremely hazardous waste” means those wastes designated in WAC 173-303-070 through 173-303-103 as extremely hazardous wastes. This may include any dangerous waste which:

A. Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form:

1. Presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic makeup of man or wildlife; and

2. Is highly toxic to man or wildlife.

B. Is disposed of at a hazardous waste disposal site in such quantities as would present an extreme hazard to man or the environment. (Ord. 99-23 § 5, 1999; Ord. 94-06 § 2, 1994. Formerly 18.02.133).

18.02.135 Family.

“Family” means one or more individuals related by blood or legal familial relationship, or a group of not more than six persons who need not be related by blood or a legal familial relationship, living together in a dwelling unit as a single, nonprofit housekeeping unit, excluding class II and III group homes as defined in EMC 18.02.173. (Ord. 94-06 § 2, 1994).

18.02.137 Fast food restaurant.

“Fast food restaurant” means a restaurant or establishment that serves or delivers its food or beverages in disposable containers regardless of whether or not such food or beverages are to be consumed on or off the premises. (Ord. 99-11 § 1, 1999).

18.02.140 Fence, sight-obscuring.

The minimum for a “sight-obscuring fence” is a chain link fence with woven slats in every row or available space of the fence. (Ord. 94-06 § 2, 1994).

18.02.145 Fence, 100 percent sight-obscuring.

“One hundred percent sight-obscuring fence” means a fence constructed of solid wood, metal or other appropriate material which totally conceals the subject use from adjoining uses at six feet above the base of the fence line, at 20 feet from the subject property line. (Ord. 94-06 § 2, 1994).

18.02.147 Formula take-out food restaurant.

“Formula take-out food restaurant” means a fast food restaurant that is contractually required to offer standardized menus, ingredients, and interior or exterior design elements. (Ord. 99-11 § 2, 1999).

18.02.148 Full service restaurant.

“Full service restaurant” means a restaurant that washes and reuses dishes, flatware, and beverage containers used by on-premises diners. A full service restaurant may sell take-out meals in disposable containers. (Ord. 99-11 § 3, 1999).

18.02.150 Frontage, building or occupancy.

“Building or occupancy frontage” means the length of that portion of a building or ground floor occupancy which abuts a street, publicly used parking area or mall appurtenant to such building or occupancy, expressed in lineal feet and fractions thereof. (Ord. 94-06 § 2, 1994).

18.02.152 Ganged mailbox.

“Ganged mailbox” means a structure intended for receipt of mail for two or more residences or businesses. Ganged mailboxes may include two or more separate enclosures on a common support structure or on separate support structures in close proximity. Ganged mailboxes also include larger structures containing multiple compartments, with each compartment designated for a separate family or business. Ganged mailbox locations, enclosures, support structures, and labeling shall conform to the requirements of Chapter 18.08 EMC. (Ord. 98-07 § 8, 1998).

18.02.154 Garage or carport, oversized private.

“Oversized private garage or carport” means an accessory building, or a portion of a principal building, or a combination thereof, principally for vehicular equipment such as automobiles, trucks, recreational vehicles, boats, etc., in which only motor vehicles used by the tenants of the buildings on the premises are stored or kept, which totals more than 1,000 square feet in area. (Ord. 2001-01 § 1, 2001).

18.02.155 Garage or carport, private.

“Private garage or carport” means an accessory building, or a portion of a principal building, or a combination thereof, principally for vehicular equipment such as automobiles, boats, etc., in which only motor vehicles used by the tenants of the buildings on the premises are stored or kept. Total area of private garage(s) shall be not more than 1,000 square feet in area per residential unit. (Ord. 2001-01 § 2, 2001).

18.02.160 General conditional uses.

“General conditional uses” means uses described in EMC 18.08.030. Such uses shall be deemed conditional uses in all districts. (Ord. 94-06 § 2, 1994).

18.02.165 Grade.

“Grade” means the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from such wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than five feet distant from such wall. In case walls are parallel to and within five feet of a public sidewalk alley or other public way, the grade shall be the elevation of the sidewalk, alley or public way. (Ord. 94-06 § 2, 1994).

18.02.170 Gross floor area.

“Gross floor area” means the area included within the surrounding exterior walls of a building expressed in square feet and fractions thereof. The floor area of a building not provided with surrounding exterior walls shall be the usable area under the horizontal projections of the roof or floor above. (Ord. 94-06 § 2, 1994).

18.02.172 Ground cover.

“Ground cover” means low-growing vegetative materials with a mound or spreading manner of growth that provides solid cover within two years after planting. Examples include sod or seed lawn, ivy, junipers, cotoneaster, etc. (Ord. 94-06 § 2, 1994).

18.02.173 Group home.

A. Class I Group Home. “Class I group home” means publicly or privately operated residential facilities such as state-licensed foster homes and group homes for children; group homes for individuals who are developmentally, physically or mentally disabled; group homes or halfway houses for recovering alcoholics and former drug addicts; and other groups not considered within class II or III group homes.

1. Group Home, Class I-A. A class I-A group home shall have a maximum of seven residents including resident staff.

2. Group Home, Class I-B. A class I-B group home shall have a maximum of 10 residents including resident staff.

3. Group Home, Class I-C. The number of residents for a class I-C group home will be based upon the density of the underlying zoning district.

B. Class II Group Home. “Class II group home” means publicly or privately operated residential facilities for juveniles under the jurisdiction of the criminal justice system. These homes include state-licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, and halfway houses providing residence to juveniles needing correction or for juveniles selected to participate in state-operated work release and prerelease programs. The planning director shall have the discretion to classify a group home proposing to serve juveniles convicted of the offenses listed under class III group home in this section as a group home class III, and any such home shall be sited according to the regulations contained within the group III classification.

1. Group Home, Class II-A. A class II-A group home shall have a maximum of eight residents including resident staff.

2. Group Home, Class II-B. A class II-B group home shall have a maximum of 12 residents including resident staff.

3. Group Home, Class II-C. A class II-C group home shall have a maximum of 18 residents including resident staff.

C. Class III Group Home. “Class III group home” means privately or publicly operated residential facilities for adults under the jurisdiction of the criminal justice system who have entered a pre- or post-charging diversion program, or been selected to participate in state-operated work/training release or other similar programs. Such groups also involve individuals who have been convicted of a violent crime against a person or a crime against property with a sexual motivation and convicted or charged as a sexual or assaultive violent predator. (Ord. 94-06 § 2, 1994).

18.02.174 Guest cottage.

“Guest cottage” means an accessory, detached dwelling without any kitchen facilities designed for and used to house transient visitors or nonpaying guests of the occupants of the main building. (Ord. 94-06 § 2, 1994).

18.02.175 Hazardous substance.

“Hazardous substance” means any liquid, solid, gas or sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as described in rules adopted under Chapter 70.105 RCW or in WAC 173-303-090, 173-303-100, 173-303-101, 173-303-102 or 173-303-103. (Ord. 94-06 § 2, 1994).

18.02.176 Hazardous substance facility buffer zone.

“Hazardous substance facility buffer zone” means a setback area between the hazardous substance land use facility boundary and the nearest point of the hazardous substance land use property line, necessary to provide added protection to adjacent land uses or resources of beneficial use. All hazardous waste treatment and storage facilities must maintain at least a 50-foot buffer zone. (Ord. 94-06 § 2, 1994).

18.02.177 Hazardous substance land use.

“Hazardous substance land use” means any use which is permitted under this title and which includes a designated zone facility or the processing or handling of a hazardous substance. (Ord. 94-06 § 2, 1994).

18.02.178 Hazardous substance land use facility.

“Hazardous substance land use facility” means the projected line enclosing the area of all structures and lands on which hazardous substance land use activities occur, have occurred in the past or will occur in the future. This does not include the application of products for agricultural purposes. (Ord. 94-06 § 2, 1994).

18.02.179 Hazardous substance, processing or handling of.

“Processing or handling of a hazardous substance” means the compounding, treatment, manufacture, synthesis, use or storage of hazardous substances in excess of the following amounts in bulk quantities: 5,000 pounds of solid hazardous substances, 500 gallons of liquid hazardous substances and 650 cubic feet of gaseous hazardous substances. (Ord. 94-06 § 2, 1994).

18.02.180 Hazardous waste.

“Hazardous waste” means any dangerous and extremely hazardous waste, including substances composed of radioactive and hazardous components. A moderate risk waste is not a hazardous waste. (Ord. 94-06 § 2, 1994).

18.02.181 Hazardous waste facility.

“Hazardous waste facility” means the contiguous land and structures, other appurtenances and improvements on the land used for recycling, storing, treating, incinerating or disposing of hazardous waste. (Ord. 94-06 § 2, 1994).

18.02.182 Hazardous waste storage facility.

“Hazardous waste storage facility” means any designated zone facility which holds hazardous waste for a temporary period not to exceed five years; this does not include accumulation of hazardous waste by the generator on the site of generation, as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201. (Ord. 94-06 § 2, 1994).

18.02.183 Hazardous waste treatment facility.

“Hazardous waste treatment facility” means any designated zone facility which processes hazardous waste by physical, chemical or biological means to make such waste nonhazardous or less hazardous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume. (Ord. 94-06 § 2, 1994).

18.02.184 Hazardous waste treatment or storage facility, off-site.

“Off-site hazardous waste treatment or storage facility” means any hazardous waste treatment or storage facility which treats or stores wastes that are generated off the site. (Ord. 94-06 § 2, 1994).

18.02.185 Hazardous waste treatment or storage facility, on-site.

“On-site hazardous waste treatment or storage facility” means any hazardous waste treatment or storage facility which treats or stores only those wastes that are generated on the site. (Ord. 94-06 § 2, 1994).

18.02.187 Highest shade-producing point.

“Highest shade-producing point” means the point of a structure which casts the longest shadow at noon on January 21st. (Ord. 94-06 § 2, 1994).

18.02.188 Home child care.

“Home child care” means a person who regularly provides child care and early learning services for not more than 12 children. “Children” includes both the provider’s children, close relatives and other children irrespective of whether the provider gets paid to care for them. They provide their services in the family living quarters of the day care provider’s home. (Ord. 2019-10 § 2 (Exh. A), 2019).

18.02.190 Home occupation.

“Home occupation” means any use customarily carried on within a dwelling by the inhabitants thereof which use is incidental to the residential use and not primarily considered as a business and which complies with the conditions of EMC 18.08.040. (Ord. 94-06 § 2, 1994).

18.02.195 Homeowners’ association.

“Homeowners’ association” means an incorporated, nonprofit organization operating under recorded land agreements through which (1) each lot owner is automatically a member, and (2) each lot is automatically subject to a charge for a proportionate share of the common property, and (3) a charge, if unpaid, becomes a lien against the property. (Ord. 94-06 § 2, 1994).

18.02.200 Hotel.

“Hotel” means any building containing six or more guest rooms which are intended or designed to be used or which are used, rented or hired out to be occupied for sleeping purposes by guests. (Ord. 94-06 § 2, 1994).

18.02.202 Impervious surface.

“Impervious surface” means that hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions preexistent to development, or that hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions preexistent to development. Common impervious surfaces include but are not limited to rooftops, concrete or asphalt paving, paved walkways, patios, driveways, parking lots or storage areas, and oiled, macadam or other surfaces which similarly impede the natural infiltration of surface water. (Ord. 94-06 § 2, 1994).

18.02.205 Interior court.

“Interior court” means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building. (Ord. 94-06 § 2, 1994).

18.02.210 Junkyard.

“Junkyard” means a place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including auto and motor vehicle wrecking yards, house wrecking yards, used lumber yards and yards for use of salvaged house wrecking and structural steel materials and equipment. (Ord. 94-06 § 2, 1994).

18.02.215 Kennel.

“Kennel” means any fenced lot and/or structure on which four or more dogs or cats over six months of age are kept for breeding, sale, training, boarding or sporting purposes, or are cared for or kept for any purpose other than as a pet. (Ord. 94-06 § 2, 1994).

18.02.217 Lake.

“Lake” means a natural or artificial body of water of two or more acres or where the deepest part of the basin at low water exceed two meters (six and six-tenths (6.6) feet). Artificial bodies of water with a recirculation system approved by the public works director are not included in this definition. (Ord. 94-06 § 2, 1994).

18.02.220 Landscaping.

“Landscaping” means vegetative cover including shrubs, trees, flowers, seeded lawn or sod, ivy and other similar plant material. (Ord. 94-06 § 2, 1994).

18.02.222 Landslide areas.

“Landslide hazard areas” include areas potentially subject to landslides based upon the following combination of geologic, topographic and hydrologic factors:

A. Areas of historic failure;

B. Areas with all three of the following characteristics:

1. Slopes of 25 percent gradient or greater,

2. Hillsides intersecting geologic contacts with a relatively permeable sediment overlaying a relatively impermeable sediment or bedrock, and

3. Springs or groundwater;

C. Slopes that are parallel or subparallel to planes or weak in subsurface materials;

D. Privately owned areas with slopes that have gradients greater than 80 percent subject to rock fall during seismic shaking;

E. Areas potentially unstable as a result of rapid stream incision, stream bank erosion and undercutting by wave action;

F. Areas located in a canyon or an active alluvial fan presently or potentially subject to one percent or greater chance of inundation by debris flows or catastrophic flooding;

G. Areas with slope gradients of 40 percent or greater not composed of consolidated rock. These will be of at least 10 feet of vertical relief. (Ord. 94-06 § 2, 1994).

18.02.225 Lot.

A “lot” is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are required in this title. Such lot shall have frontage on an approved street, and may consist of:

A. A single lot of record;

B. A portion of a lot of record;

C. A combination of complete lots of record and portions of lots of record;

D. A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this title. (Ord. 94-06 § 2, 1994).

18.02.230 Lot, corner.

“Corner lot” means a lot abutting upon two or more streets at their intersection, or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees within the lot lines. (Ord. 94-06 § 2, 1994).

18.02.235 Lot frontage.

The front of a lot shall be that portion nearest the street. The user of a corner lot has the option of determining which part of the lot fronting on a street shall become the lot frontage, but the entrance shall be in the front. (Ord. 94-06 § 2, 1994).

18.02.240 Lot lines.

“Lot lines” means the property lines bounding the lot. (Ord. 94-06 § 2, 1994).

18.02.245 Lot measurements.

A. Depth of a lot shall be considered to be the distance between the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

B. Width of a lot shall be considered to be the distance between the side lines connecting front and rear lot lines; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width, except in the case of lots on the turning circle of cul-de-sacs, where the 80-percent requirement shall not apply. (Ord. 94-06 § 2, 1994).

18.02.250 Lot of record.

“Lot of record” means a lot which is part of a subdivision recorded in the office of the county assessor, or a lot or parcel described by metes and bounds, the description of which has been so recorded. (Ord. 94-06 § 2, 1994).

18.02.252 Lot, riverfront.

“Riverfront lot” means any lot or land parcel which is adjacent to the Mashell River or Little Mashell River, Ohop and Lynch Creeks, a riverfront road or a riverfront park. (Ord. 94-06 § 2, 1994).

18.02.255 Lot, through.

“Through lot” means a lot that has both ends fronting on a street. Either end may be considered the front. (Ord. 94-06 § 2, 1994).

18.02.256 Mailbox.

“Mailbox” means a structure intended for receipt of mail from a single-family or business. Mailbox locations, enclosures, support structures, and labeling shall conform to the requirements of Chapter 18.08 EMC. (Ord. 98-07 § 9, 1998).

18.02.257 Major nonconforming building or structure.

“Major nonconforming building or structure” means any nonconforming building or structure located on a parcel which at any point borders or is in a residential district and which is not in compliance with the minimum development standards of the district in which it is located. (Ord. 94-06 § 2, 1994).

18.02.258 Marijuana.

“Marijuana” shall mean all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. For the purposes of this title, “marijuana” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination; or industrial hemp as defined in RCW 15.120.010. (Ord. 2019-04 § 2 (Exh. A), 2019).

18.02.259 Marijuana concentrates.

“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 10 percent. (Ord. 2019-04 § 2 (Exh. A), 2019).

18.02.260 Marijuana-infused products.

“Marijuana-infused products” shall mean products that contain marijuana or marijuana extracts, are intended for human use, and have a THC concentration no greater than 10 percent. The term “marijuana-infused products” does not include useable marijuana. (Ord. 2019-04 § 2 (Exh. A), 2019).

18.02.261 Marijuana processor.

“Marijuana processor” shall mean a person licensed by the State Liquor and Cannabis Board to process marijuana into marijuana concentrates, useable marijuana, and marijuana-infused products, package and label marijuana concentrates, usable marijuana, and marijuana-infused products for sale in retail outlets, and to sell marijuana concentrates, useable marijuana, and marijuana-infused products at wholesale to marijuana retailers. (Ord. 2019-04 § 2 (Exh. A), 2019).

18.02.262 Marijuana producer.

“Marijuana producer” shall mean a person licensed by the State Liquor and Cannabis Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers. (Ord. 2019-04 § 2 (Exh. A), 2019).

18.02.263 Marijuana retailer.

“Marijuana retailer” shall mean a person licensed by the State Liquor and Cannabis Board to sell marijuana concentrates, useable marijuana, and marijuana-infused products in a retail outlet. (Ord. 2019-04 § 2 (Exh. A), 2019).

18.02.264 Minor nonconforming building or structure.

“Minor nonconforming building or structure” means any nonconforming building or structure which is not a major nonconforming structure and which is not in compliance with the minimum development standards of the district in which it is located. (Ord. 2019-04 § 2 (Exh. A), 2019; Ord. 94-06 § 2, 1994. Formerly 18.02.258).

18.02.265 Mixed use building or structure.

“Mixed use building or structure” means a building that contains two or more separate and distinct uses permitted in the zoning district where such building is located. (Ord. 2019-04 § 2 (Exh. A), 2019; Ord. 94-06 § 2, 1994. Formerly 18.02.259).

18.02.266 Mixed use development.

“Mixed use development” means two or more permitted uses or conditional uses developed in conjunction with one another on the same site. (Ord. 2019-04 § 2 (Exh. A), 2019; Ord. 94-06 § 2, 1994. Formerly 18.02.260).

18.02.267 Mobile/manufactured home.

“Mobile/manufactured home” means a residential unit (single-family dwelling) constructed after June 15, 1976, on one or more chassis for towing to the point of use and designed to be used with a foundation as a dwelling unit on a year-round basis, and which bears an insignia issued by a state or federal regulatory agency indicating that the manufactured home complies with all applicable construction standards of the U.S. Department of Housing and Urban Development (HUD) definition of a manufactured home. The unit shall be certified for transportation on public streets by the State Department of Labor and Industries. The terms “mobile home” and “manufactured home” are considered to be interchangeable in the context of this title. A commercial coach, recreational vehicle or motor home is not a mobile manufactured home. (Ord. 2019-10 § 2 (Exh. A), 2019; Ord. 2019-04 § 2 (Exh. A), 2019; Ord. 94-06 § 2, 1994. Formerly 18.02.262).

18.02.268 Mobile home park.

“Mobile home park” means a lot, parcel or tract of land, improved or unimproved, under the ownership or management of one or more persons, which is utilized as the location for six or more mobile/manufactured homes for dwelling or sleeping purposes. (Ord. 2019-04 § 2 (Exh. A), 2019; Ord. 94-06 § 2, 1994. Formerly 18.02.265).

18.02.269 Moderate risk waste.

“Moderate risk waste” means those wastes defined in WAC 173-303-040 as moderate risk wastes. This may include any waste that exhibits any of the properties of hazardous waste but is exempt from regulation under Chapter 70.105 RCW solely because the waste is generated in quantities below the threshold for regulation, and any household waste which is generated from the disposal of substances identified by the Department of Ecology as hazardous household substances. (Ord. 2019-04 § 2 (Exh. A), 2019; Ord. 94-06 § 2, 1994. Formerly 18.02.267).

18.02.270 Motel, hotel, motor hotel, and bed and breakfast.

“Motel,” “hotel,” “motor hotel,” and “bed and breakfast,” means a building or group of buildings comprising sleeping or living units for the accommodation of guests for compensation. (Ord. 94-06 § 2, 1994).

18.02.275 Natural or native areas.

“Natural or native areas” means all or portions of a parcel of land undisturbed by development and maintained in a manner which preserves the indigenous plant materials. (Ord. 94-06 § 2, 1994).

18.02.277 Newspaper delivery box.

“Newspaper delivery box” means a box, tube, or other enclosure intended for receipt of newspapers. Such delivery boxes may be installed in the public right-of-way, for curbside delivery, if they conform to the requirements for mailboxes, as described in of Chapter 18.08 EMC. (Ord. 98-07 § 10, 1998).

18.02.280 Net acreage.

“Net acreage” means the buildable area after the area of street rights-of-way and easements has been subtracted. (Ord. 94-06 § 2, 1994).

18.02.282 Nonconforming lot of record.

“Nonconforming lot of record” means any validly recorded lot which at the time it was recorded fully complied with the applicable laws and ordinances but which does not fully comply with the lot requirements of this title. (Ord. 94-06 § 2, 1994).

18.02.283 Nonconforming sign.

“Nonconforming sign” means any sign which is not in full compliance with the regulations of this code, as amended. (Ord. 94-06 § 2, 1994).

18.02.285 Nonconforming use.

“Nonconforming use” means the use of land, a building or a structure lawfully established prior to this title which does not conform with the use regulations of the district in which it is located on the effective date of such use regulations. (Ord. 94-06 § 2, 1994).

18.02.286 Nonconformity.

“Nonconformity” means any land use, structure, lot of record or sign legally established prior to the effective date of this title or subsequent amendment to it which would not be permitted by or is not in full compliance with the regulations of this title. (Ord. 94-06 § 2, 1994).

18.02.288 North-south lot dimension.

“North-south lot dimension” means the average distance between lines from the corners of the northern lot line south to a line drawn east-west and intersecting the southernmost point of the lot. (Ord. 94-06 § 2, 1994).

18.02.290 Nursery school.

“Nursery school” or “day care center” means a building or structure in which an agency, person or persons regularly provide care for a group of children (more than 12). “Nursery school” or “day care centers” includes family day care homes, out-of-home child mini-day care centers and child day care centers regulated by the Washington State Department of Social and Health Services. (Ord. 2019-10 § 2 (Exh. A), 2019; Ord. 94-06 § 2, 1994).

18.02.295 Occupancy.

“Occupancy” means the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. (Ord. 94-06 § 2, 1994).

18.02.300 Official map.

“Official map” means maps showing the designation, location and boundaries of the various districts which have been adopted and made a part of this title. (Ord. 94-06 § 2, 1994).

18.02.305 Open green area.

“Open green area” means landscaped areas and areas of natural or native vegetation. (Ord. 94-06 § 2, 1994).

18.02.310 Ordinary high-water mark.

“Ordinary high-water mark,” on the streams, marshes and swamps, is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on the effective date of the ordinance codified in this title, or as it may naturally change thereafter; provided that in any area where the ordinary high-water mark cannot be found the ordinary high-water mark shall be the line of mean high water. (Ord. 94-06 § 2, 1994).

18.02.315 Outside storage.

“Outside storage” means all or part of a lot which is used for the keeping of materials or products in an open, uncovered yard or in an unwalled building. Such materials shall not be for general public consumption or viewing. Such materials shall include tractors, backhoes, heavy equipment, construction materials and other similar items which detract from the appearance of the zone in which they are located. (Ord. 94-06 § 2, 1994).

18.02.317 Owner occupancy.

“Owner occupancy” means that a property owner, as reflected in title records, makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means; actually resides at the site more than six months out of any given year; directly pays all municipal utility bills; and at no time receives rent for the owner-occupied unit. (Ord. 99-23 § 3, 1999).

18.02.318 Park, riverfront.

“Riverfront park” means a publicly owned open space which lies along the Mashell River. (Ord. 94-06 § 2, 1994).

18.02.320 Parking space or parking stall.

A “parking space” is any off-street space intended for the use of vehicular parking, with ingress or egress to the space easily identifiable. (Ord. 94-06 § 2, 1994).

18.02.325 Parking, temporary.

“Temporary parking” means parking facilities specifically designed to accommodate vehicles and intended for public use for a period of not more than five days. Temporary parking shall not be in lieu of specified off-street parking as required in Chapter 18.05 EMC pertaining to off-street parking and loading requirements. (Ord. 94-06 § 2, 1994).

18.02.327 Performance standards.

“Performance standards” means regulations for the control of dangerous or objectionable elements, as defined in EMC 18.08.050. (Ord. 98-07 § 11, 1998; Ord. 94-06 § 2, 1994. Formerly 18.02.330).

18.02.328 Planned unit development.

“Planned unit development” is a development built under those provisions of this title which permit departures from the conventional siting, setback and density requirements of other sections of this title in the interest of achieving superior site development, creating open space and encouraging imaginative design by permitting design flexibility. (Ord. 98-07 § 11, 1998; Ord. 94-06 § 2, 1994. Formerly 18.02.332).

18.02.330 Planning director.

“Planning director” means a person designated by the mayor of the town to carry out all duties related to planning. (Ord. 98-07 § 11, 1998; Ord. 94-06 § 2, 1994. Formerly 18.02.333).

18.02.331 Pond.

A “pond” means an area permanently inundated by water in less than two acres in area as measured at the ordinary high water mark. (Ord. 98-07 § 11, 1998; Ord. 94-06 § 2, 1994. Formerly 18.02.334).

18.02.333 Postal route map.

“Postal route map” means a map, prepared and maintained by the United States Postal Service, and coordinated with the town public works director, showing the area in which mail is delivered, the streets or alleys traveled and the direction of travel by mail carriers for curbside delivery of mail. (Ord. 98-07 § 12, 1998).

18.02.335 Preempted facility.

“Preempted facility” means any hazardous waste facility defined as a preempted facility in RCW 70.105.010 or in Chapter 173-303 WAC. This may include any facility that includes as a significant part of its activities any of the following hazardous waste operations: (1) landfill, (2) incineration, (3) land treatment, (4) surface impoundment to be closed as a landfill, or (5) waste pile to be closed as a landfill. (Ord. 94-06 § 2, 1994).

18.02.336 Ravine.

“Ravine” means an area constituting a “young valley” which contains a major or minor creek. It includes the bottom land of the ravine and the ravine sidewalls to a point where the slopes are less than 15 percent. (Ord. 2019-02 § 1 (Exh. A), 2019; Ord. 94-06 § 2, 1994. Formerly 18.02.337).

18.02.337 Recreational vehicle.

A. “Recreational vehicles” means motorized vehicles that include a cabin for living accommodations and are commonly used for recreational travel and touring. Vehicles included in this category come in several forms: travel trailers, tent trailers and camping trailers, all of which must be towed by a car or pickup truck; and truck campers, motor homes and camper vans, all of which have the motor within the body of the vehicle.

B. “Recreational vehicles” may also include any motorized or nonmotorized vehicle, boat, boat trailer or other vehicle to be used for recreational purposes. (Ord. 2019-02 § 1 (Exh. A), 2019; Ord. 94-06 § 2, 1994. Formerly 18.02.338).

18.02.338 Restaurant.

An establishment where food and drink are prepared, served, and consumed, mostly within the principal building. (Ord. 2019-02 § 1 (Exh. A), 2019).

18.02.339 Revegetation.

“Revegetation” means the planting of vegetation to cover any land areas which have been disturbed during construction. This vegetation shall be maintained to ensure its survival and shall be consistent with planting regulations of the town landscape regulations as set out in Chapter 18.07 EMC. (Ord. 2019-02 § 1 (Exh. A), 2019; Ord. 94-06 § 2, 1994. Formerly 18.02.336).

18.02.340 Roadside stand.

“Roadside stand” means a temporary structure designed or used for the display or sale of agricultural products primarily produced on the premises upon which such a stand is located. (Ord. 2019-02 § 1 (Exh. A), 2019; Ord. 94-06 § 2, 1994. Formerly 18.02.339).

18.02.343 Seismic hazard areas.

“Seismic hazard areas” include areas subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction or surface faulting. (Ord. 94-06 § 2, 1994).

18.02.344 Service uses or activities.

“Service uses or activities” means a business which sells the knowledge or work of its people rather than a tangible product. (Ord. 94-06 § 2, 1994).

18.02.345 Setback, average.

The “average setback” is the mean or average depth of yard (setback) measured from the property line to the building. The average setback is computed along the full length of the property line, utilizing a designated property depth. (Ord. 94-06 § 2, 1994).

18.02.346 Shopping center.

“Shopping center” means a retail shopping area designed as a unit, which utilizes a common parking area. (Ord. 94-06 § 2, 1994).