Chapter 17.08 DEFINITIONS

Chapter 17.08
DEFINITIONS

Sections:

17.08.010 Generally.

17.08.020 A through D.

17.08.030 E through H.

17.08.040 I through M.

17.08.050 N through Q.

17.08.060 R through V.

17.08.070 W through Z.

17.08.010 Generally.

For the purpose of this title, certain words and terms used herein are defined as follows: All words used in the present tense include the future tense; all words in the plural number include the singular number, and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. The word “lot” includes the word “plot”; the word “building” includes the word “structure”; and the word “shall” is mandatory and not discretionary. The word “used” also includes “designed, intended or arranged to be used.” Unless otherwise specified, all distances shall be measured horizontally. The word “city” means the city of Port Townsend, in Jefferson County, state of Washington. The term “city council” means the city council of said city. The term “building inspector” means the building inspector of the city. The term “building official” means the building official of the city. (Ord. 3154 § 4(1) (Exh. C), 2016; Ord. 2571 § 2, 1997).

17.08.020 A through D.

“Abandoned sign” means a sign that no longer correctly identifies, exhorts, or advertises any person, business, lessor, lessee, owner, product, or activity conducted or available on or off the premises on which such sign is located.

“Abutting” means having a common border with or being separated from such common border by a public right-of-way. See also “Contiguous.”

“Accessory building” means a subordinate building attached to or detached from the principal building, used for purposes customarily incidental to the use of the principal building and situated on the same lot. Accessory buildings include but are not limited to an automobile storage garage, playhouse, laundry room, garden shelter, hobby room and mechanical room.

“Accessory dwelling unit” means a separate dwelling unit that is substantially contained within the structure of a single-family residence or an outbuilding which is accessory to such residence.

“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.

“Addition (to an existing building)” means any roofed and/or walled expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and/or roofed addition that is connected by a fire wall or is separated by independent perimeter load-bearing walls is considered to be new construction.

“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, digital images or other similar image-producing machines are used to show films, motion pictures, video cassettes, slides, 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 business license” means a license issued by the city clerk under Chapter 5.92 PTMC to the owner or operator of an adult entertainment facility.

“Adult cabaret” means a nightclub, bar, restaurant, tavern, or other similar commercial establishment, whether or not alcoholic beverages are served, that regularly features:

1. Persons who appear nude or semi-nude; or

2. Live performances which are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified anatomical areas or any specified sexual activities.

“Adult entertainment” means:

1. 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

2. Any exhibition, performance or dance intended to sexually stimulate any patron 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 motion picture theater, adult retail store, or other establishment where adult entertainment is offered, including but not limited to private membership clubs.

“Adult family home” means a home in which residential care is provided on a 24-hour basis by an owner or tenant of the dwelling unit in which care is provided, plus the family of the provider. The maximum number of adults to be accommodated in such a home shall conform to the requirements of the Washington State Department of Social and Health Services as they currently exist or are hereafter amended. As of the date of the ordinance codified in this section, the maximum number allowed by state law is six.

“Adult motion picture theater” means an enclosed commercial establishment where, for any form of consideration, motion pictures, films, video cassettes, slides, or other similar visual media 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 an enclosed building or any portion thereof which, for money or any other form of consideration, devotes a significant or substantial portion of stock in trade to the sale, exchange, rental, loan, trade, transfer or viewing of sexually oriented materials. For purposes of this definition, a retail store devotes a significant or substantial portion of its stock in trade to sexually oriented materials if the sale, exchange, rental, loan, trade, transfer or viewing of such sexually oriented materials is clearly material to the economic viability of the business. It is rebuttably presumed that such sexually oriented materials are clearly material to the viability of the business if sexually oriented materials account for:

1. Twenty-five percent or more of the retail dollar value of gross sales over any quarterly period;

2. Twenty-five percent or more of the floor area of the store open to the public;

3. Twenty-five percent or more of the retail dollar value of all merchandise displayed in the store;

4. Twenty-five percent or more of the store’s inventory (whether measured by retail dollar value or number of items); or

5. Twenty-five percent or more of the store’s stock in trade.

In no event shall a retailer whose transactions only incidentally or marginally relate to sexually oriented materials be considered an adult retail store.

“Advertising” means any display of letters, numerals, characters, words, symbols, emblems, illustrations, objects or registered trademarks which serve to call to the attention of the public products, services, businesses, buildings, premises, events, candidates or ballot propositions.

“Advertising vehicle” means any vehicle or trailer visible from a public right-of-way which has attached thereto or located thereon any sign or advertising device for the purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises.

“Affordable housing” means those housing units available for purchase or rent to individuals or families with a gross income between the federally recognized poverty level and the median income based on household size in Jefferson County; and whose costs, including utilities, would not exceed 30 percent of gross income.

“Agriculture” means the tilling of soil, the raising of crops, horticulture, viticulture, small livestock farming, pasturing, grazing, poultry, dairying and/or animal husbandry, including all uses customarily incidental thereto except small animal husbandry on a noncommercial scale.

“Airports and heliports” means any area of land or structure designated and set aside for the landing and taking off of any aircraft regulated by the Federal Aviation Administration.

“Alley” means a public thoroughfare or way which affords only a secondary means of access to abutting property.

“Alterations” means:

1. Generally: a change or rearrangement of the structural parts of existing facilities, or an enlargement by extending the sides or increasing the height or depth, or the moving from one location to another. In buildings for business, commercial, manufacturing or similar uses, the installation or rearrangement of partitions affecting more than one-third of a single floor area shall be considered an alteration; or

2. As used in Chapter 17.30 PTMC, Historic Preservation Code: any act or process which changes one or more of the exterior architectural features of a building or structure.

“Alternative support structure” means any building, roof, water tank, flagpole, steeple or other type of structure to which any type of antenna or antenna array and associated equipment are affixed.

“Amusement device” means any machine or device which provides recreation or entertainment only, for which a charge is made for use or play, and includes, but is not limited to, pool tables, video games, pinball, shuffleboards, mechanical music machines, flipper games, bowling games, shooting galleries, weightlifting devices, punching bags, riding devices for not more than four persons, or other games operated by insertion of a coin or operated by remote control or with a timing device, but shall not mean or include any machine or device used exclusively for the vending of merchandise.

“Amusement park or center” means any establishment, place, or business location where more than 20 amusement devices are available for play or use by the general public. Such a park or center may also include miniature golf areas, bumper cars, batting cages, arcades, bumper boats, go-carts, and such similar activities.

Animal Hospital. See “Veterinary hospital or clinic.”

Animal Kennel. See “Kennel, animal.”

“Antenna” means:

1. Generally: a cable, pole, tower or other device used for transmitting or receiving radio or television signals.

2. As used in Chapter 17.78 PTMC, Personal Wireless Service Facilities: any exterior equipment attached or mounted to a monopole or alternative support structure in the form of one or more rods, panels, discs or similar devices used for the transmission or reception of radio or electromagnetic frequency signals for any telecommunication purpose.

a. “Antenna, panel,” generally, is a rectangular antenna designed to transmit and/or receive signals in a specific directional pattern which is less than 360 degrees, typically an arc of approximately 120 degrees.

b. “Antenna, parabolic” or “antenna, dish” means a bowl-shaped device for the reception and transmission of radio frequency signals in a specific directional pattern. Also referred to as a satellite dish.

c. “Antenna, whip” or “antenna, rod” means an omnidirectional antenna which is designed to transmit and/or receive signals in a 360-degree pattern, and which is no more than five inches in diameter.

“Antenna array” means two or more devices, panels, dishes, rods or similar devices used for the transmission or reception of radio frequency signals, microwave or other signals for telecommunications purposes. Two or more such devices affixed or attached to a monopole or to an alternative support structure are included in the definition of “antenna array.”

“Apartment” means a room or suite of rooms within an apartment house or apartment hotel, used as a dwelling unit for one family with facilities that function or are intended to function for living, sleeping, and cooking.

“Apartment hotel” means an apartment house that furnishes services for the use of its tenants which are ordinarily furnished by hotels, but the privileges of which are not primarily available to the general public.

“Apartment house” means a building or portion of a building arranged or designed to be occupied as five or more separate dwelling units.

“Apparel and accessory stores” means stores primarily engaged in selling new or used clothing, shoes, jewelry, and related articles for personal wear and adornment and stores which rent clothing such as costumes or formal wear.

“Applicant” means the person, his/her agents, successors or assigns who submits or is required to submit an application pursuant to this title.

“Arbor” means any detached latticework or archway often used to support vines or climbing shrubs.

Arcade.

1. “Amusement arcade” means any establishment, room, place, or business location where more than five amusement devices are available for play or use by the general public.

2. “Structural arcade” means a permanently roofed, arched, covered, continuous area or passageway at ground level, open to a street, plaza, open space, or building, that is accessible and open to the public.

“Artisan cheesemaking” means a combination retail, wholesale, and small-scale artisan manufacturing business that produces and serves cheese on the premises.

“Automobile rental agencies” means businesses primarily engaged in short-term rental or extended-term leasing of passenger cars, hearses, limousines, and the like, without drivers. Finance (equity or full-payout) leasing of the automobiles is defined as “Motor vehicle sales.”

“Automobile sales and service establishments, new or used” means an establishment that provides for the sale of motorized vehicles as its primary use, and allows for minor or major repairs, or paint and body work. No body damaged vehicle or vehicle components exposed to view from a public roadway shall be permitted.

“Automobile wrecking yard” means any premises devoted to dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts.

Automotive Repair Establishment.

1. “Minor repair” means a retail sales and service establishment that shall include only those repairs able to be effected within one working day, such as brake repair, engine tune-ups, oil changes, lubrications, front end alignments, and the like. No outdoor sales, repair, or service work shall be allowed. Repair services of a major nature, including but not limited to engine or transmission overhauls or body work, shall not be included within this definition. Outdoor storage or display of vehicles, parts, equipment, or tires shall not be included within this definition. The service or repair of trucks or other similar vehicles that exceed a one-ton rated capacity shall be prohibited. No body damaged vehicle or vehicle components exposed to view from a public roadway shall be permitted.

2. “Major repair” means a retail sales and service establishment that provides for the painting, repainting, or retouching and/or major mechanical repairs and adjustments of motor vehicles such as engine overhauls, transmission overhauls, and the like which usually require more than one working day for service. No outdoor sales, repair or service work shall be allowed. No body damaged vehicle or vehicle components exposed to view from a public roadway shall be permitted.

3. “Paint or body shop” means a building or other structure used for painting, repainting, or retouching and/or major nonmechanical repairs and adjustments of motor vehicles.

Awning Sign. See “Canopy sign.”

“Bakery, retail” means an establishment where the majority of retail sale is of products such as breads, cakes, pies, pastries, etc., that are baked or produced and sold on premises.

“Bakery, wholesale” means an establishment where breads, cakes, pies, pastries, etc., are baked or produced primarily for wholesale rather than retail sale.

“Bank” means savings and loans, credit unions, and other depository institutions.

“Banner, decorative” means an object made of multicolored cloth, fabric or similar flexible material which displays abstract or representational forms and which is completely devoid of letters, numbers, words or advertising. Streamers shall not be considered decorative banners.

“Banner sign” means any sign intended to be hung, with or without framing, and possessing characters, letters, symbols, emblems, trademarks, illustrations, or ornamentations applied to fabric or similar flexible material. Flags, decorative banners, canopy signs, and temporary signs, treated elsewhere in this title, shall not be considered banner signs.

Bar. See “Drinking establishment.”

“Barn” means a building designed and used primarily for shelter and storage of livestock, livestock feed, and agricultural equipment.

“Basement” means that portion of a building partly underground and having at least one-half of its height below the adjacent finished grade.

“Battery charging station” means a Level 1 or 2 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 and consistent with rules adopted by the Building Code Council for electric vehicle infrastructure requirements. See also: “Charging levels”; “Rapid charging station.”

“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 and consistent with the rules adopted by the Building Code Council for electric vehicle infrastructure requirements.

“Bed and breakfast inn” means a short-term rental with a central kitchen which provides the primary residence for the owner or operator and which offers guest rooms for travelers and transient guests for compensation. Food service may be offered exclusively to people registered to use the inn for lodging or special events.

“Bedroom” means a room integrated within a dwelling unit or other housing type permitted by the zoning district. A bedroom is a room other than a kitchen, dining room, living room, bathroom, office, or closet, that is marketed, designed, or otherwise likely to function primarily for sleeping.

“Bench sign” means a sign located on any part of the surface of a bench or seat placed on or visible from a public right-of-way.

“Billboard sign” means any outdoor sign containing advertising which is not related to any use or activity on the premises on which the sign is located, but not including directional signs as defined in this title.

“Boardinghouse” means a dwelling with a single kitchen that provides the primary residence for the owner or operator and in which not more than six roomers, lodgers and/or boarders are housed or fed. A boardinghouse is to be distinguished from both a lodging house and a hotel.

“Boat house” means a structure designed for storage of vessels located over water or in upland areas. Boat houses should not be confused with “houseboats.” (See “Boat storage facility.”)

“Boat sales and rentals” means a business primarily engaged in sales and/or rental of new and used motorboats, sailboats, and other watercraft. Businesses primarily engaged in the sale of supplies for boating, such as sails, outboard motors, and marine hardware, are classified as specialty stores.

“Boat storage facility” means a facility meant to provide long-term shelter for watercraft and their accessories (e.g., canoes, sailboats, power boats, etc.), not including service, repair or sales. (See “Boat house.”)

“Building” means:

1. Generally: any structure having a roof, but excluding all forms of vehicles even though immobilized. When a use is required to be within a building, or where special authority granted pursuant to this title requires that a use shall be within an entirely enclosed building, then “building” means one so designed and constructed that all exterior walls of the structure shall be solid from the ground to the roof line, and shall contain no openings except for windows and doors which are designed so that they may be closed.

2. As used in Chapter 17.78 PTMC, Personal Wireless Service Facilities: a fully enclosed structure capable of being inhabited, and does not include open structures such as towers, steeples, porches or other attachments to buildings.

“Building height” means the vertical distance from the average natural (preexisting) grade to the highest point of the coping of a flat roof or the deck line of a mansard roof or the average height of the highest gable of a pitched or hipped roof. The height restrictions in this title shall not apply to spires, monuments, chimneys, antennas, water towers, elevator towers, mechanical equipment, and other similar rooftop appurtenances usually required to be placed above the roof level and/or not intended for human occupancy or habitable space; provided, that mechanical equipment rooms and screening are set back at least 10 feet from the edge of the roof and do not exceed the maximum building height by more than 10 feet. Other architectural appurtenances such as ornamental cupolas, parapets, and spires, not exceeding the maximum building height by more than 10 feet nor exceeding 10 feet in diameter, are also exempt from height requirements.

“Building line” means the line of that face, corner, or any part of a building nearest the property line, including by way of example but not limited to all cornices, architectural appendages, exterior balconies, and similar projections beyond the main foundation line of a building, but excluding the top roof or roof overhang of buildings, and excluding sidewalks, driveways and patios on ground level, and decks less than 30 inches in height.

“Building materials, garden and farm supplies store” means businesses primarily engaged in selling products such as lumber and other building materials; paint; glass; wallpaper; hardware; nursery; tractors; and farm supplies such as seeds, feeds, fertilizer, and farm tools. It includes such firms if they sell to the general public, even if they also sell to contractors; if they do not sell to the general public at all they are defined as “wholesale trade.” Florists and other stores selling cut flowers and potted plants not grown on the premises are classified as specialty stores. See also “Greenhouse” and “Plant nursery.”

“Building official” means a duly appointed officer of the city charged with the administration and enforcement of the International Building Code.

“Building, principal” means a fully enclosed and roofed structure, or portion thereof in separate ownership, which houses the primary uses of at least one business, residence or other establishment. Accessory buildings or outbuildings are not included in this definition.

“Bulk plant facility” means a facility where flammable or combustible liquids are received by tank vessel, pipelines, tank car, or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline, tank car, portable tank or container, or via other methods of wholesale sales.

“Bus and transit storage and maintenance facility” means any building and adjacent outdoor space required for the servicing, washing, and the overnight parking of buses or other transit vehicles that are used for transporting the general public, tourists, school children, the elderly, and/or handicapped or construction workers.

“Business service” means an establishment primarily engaged in rendering services to other business establishments on a fee or contract basis, not involving the sale of any goods or commodities available on the premises, and not dispensing a personal service. Business service establishments may include, but are not necessarily limited to, activities such as real estate, insurance, accounting or bookkeeping, financial institutions, management or consulting firms, or other similar uses.

“Camouflaged” means the use of shape, color and texture to cause an object to appear to become a part of something else, usually a structure such as a building, wall, flagpole, street pole, or roof. Camouflage does not mean “invisible,” but rather “appearing as part of or exactly like the structure used as a mount.”

“Campground, public” means any parcel or adjacent parcels of land in public ownership which provides sanitary facilities and spaces for pitching tents for short-term occupancy of a transient, recreational nature. Those public campground facilities that also provide parking for two or more recreational vehicles are considered recreational vehicle parks. See “Recreational vehicle park, public.”

Cannabis. See “Marijuana.” As used in administering this zoning code, “cannabis” most frequently refers to provisions related to medical marijuana; however, the terms “cannabis” and “marijuana” throughout are considered interchangeable.

“Canopy” means a temporary or fixed shelter supported entirely from the exterior wall of a building without other means of support to the ground. For the purposes of this title, “canopy” shall include “awning.”

“Canopy sign” means any sign erected upon or against a canopy or awning.

“Car wash” means a building, or portion thereof, containing facilities for washing automobiles utilizing mechanical devices.

“Carnival” means a temporary commercial entertainment with rides, games, etc., for the general public.

“Carport” means a structure to house or protect motor vehicles owned or operated by the occupants of the principal building and which has at least 40 percent of the total area of its sides open to the weather.

“Cemetery” means a place for the burial or interment of dead persons or household pets.

“Certificate of occupancy” means a permit to occupy a premises issued by the building official after inspection has verified compliance with the requirements and provisions of this title and applicable building codes.

“Certificate of review” means the report of the HPC described in Chapter 17.30 PTMC, Historic Preservation Code, and Chapter 17.46 PTMC, Commercial, Multifamily, Cottage Housing Developments, and Mixed Use Architectural and Site Design Review Processes.

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

1. Level 1 is considered slow charging.

2. Level 2 is considered medium charging.

3. Level 3 is considered fast or rapid charging – see “Rapid charging station.”

“Child care facility” means a building or structure in which an agency, person or persons provides developmentally appropriate care, protection and supervision of children that is designed to promote positive growth and educational experiences for children outside of their home for periods of less than 24 hours a day, as currently and hereafter defined in WAC 170-296-0020. Child care facilities include preschools (not state-licensed), family home child care and child day care centers that are regulated by the Washington State Department of Early Learning, as presently defined and hereafter amended (WAC 170-295-0010 and 170-296-0020). As used in this title, the term also includes any developmentally disabled or handicapped persons irrespective of age and any elderly individuals, but does not include babysitting services of a casual, nonrecurring nature or in served individual’s own home. Likewise, the term is not intended to include cooperative, reciprocal child care by a group of parents in their respective homes.

“Child day care center” means a facility providing regularly scheduled care for children one month of age through 12 years of age for periods less than 24 hours, as presently defined and hereafter amended (WAC 170-295-0010). The Department of Early Learning (DEL) may license a center in a private family residence when the portion of the residence accessible to the children is:

1. Used exclusively for the children during the center’s operating hours or while the children are in care; or

2. Separate from the family living quarters, as presently defined and hereafter amended (WAC 170-295-0020(7)).

“Church” 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, not to include schools which exceed normal religious service hours.

“Clear ceiling height” means the vertical distance from the surface of the ground floor to the lowest point on the ceiling.

“Clear vision area” means the area at an intersection with restrictions on vegetation and structures imposed in order to ensure visibility for pedestrians and operators of vehicles. The city’s engineering design standards manual provides restrictions and limitations for construction of structures and landscaping within the clear vision area.

“Club” means buildings or facilities owned or operated by a corporation, association, person or persons for a social, educational, fraternal, civic, religious, or recreational purpose, but not primarily for profit or to render a service that is customarily carried on as a business. See also “Country club,” “Health club” and “Private clubs.”

Club, Private. See “Private clubs.”

“Clubhouse” means a building used to house a club or social organization, including clubs associated with golf courses.

Cocktail Lounge. See “Drinking establishment.”

“Collective garden, medical marijuana, commercial” means a garden as authorized and limited under RCW 69.51A.085 and local law, where qualifying patients may assume responsibility for acquiring and supplying cannabis for medical use in a commercial (including nonprofit) format. Qualified patients may create and participate in the city’s form of commercial collective garden, where allowed, subject to the following conditions and standards:

1. The commercial garden owner obtains and maintains a business license and pays all applicable taxes (business and occupation; retail sales);

2. As part of issuing a business license, the commercial garden owner signs an agreement (city-drafted) acknowledging the use is not being vested should subsequent changes in state law regarding medical marijuana render the location nonconforming. The agreement would also indemnify and hold the city harmless for actions related to the collective garden; and

3. No on-site cultivation is permitted and only one commercial collective garden is allowed per parcel of land;

4. Notwithstanding the provisions of Chapter 17.88 PTMC (Nonconforming Lots, Structures and Uses), any preexisting collective garden in operation within a commercial zone as of the effective date of this chapter shall be brought into full compliance with the provisions of this chapter within six months of its effective date.

“Collective garden, medical marijuana, noncommercial” means a garden as authorized and limited under RCW 69.51A.085 and local law, where qualifying patients (or their designated provider) may assume responsibility for acquiring and supplying the resources required to produce and process cannabis for medical use in a strictly noncommercial and neighborhood-compatible format. Within the city, qualifying patients (or their designated provider) may create and participate in a noncommercial form of collective garden for the purposes of producing, processing, transporting, and delivering cannabis for medical use where allowed in the city’s residential zones subject to the following conditions and standards:

1. Only one collective garden is allowed on a parcel of land containing a detached single-family residence and/or accessory dwelling unit. One collective garden is also allowed on a parcel of land containing a congregate care, assisted living, nursing, rest or convalescent home. Cannabis processing must occur indoors within a rigid structure (e.g., a primary or accessory building);

2. The property owner where each collective garden is located must reside on site, register the location with the city’s planning and community development department (PCD) and demonstrate that it lies more than 300 feet from the restricted entities listed in WAC 314-55-050(10). The method of measuring distance and the definitions of restricted entities shall be the same as those established in Chapter 314-55 WAC. The city may require a collective garden operator to verify the required 300-foot buffer will be adhered to via the services of a Washington State licensed surveyor;

3. As part of registration, the location owner signs and returns to the city an agreement (city-drafted) acknowledging the use is not being vested should state law on medical marijuana be changed to render it otherwise nonconforming. The agreement would also indemnify and hold the city harmless for actions related to the collective garden;

4. Notwithstanding the provisions of Chapter 17.88 PTMC (Nonconforming Lots, Structures and Uses), any preexisting collective garden in operation within a residential zone as of the effective date of this chapter shall be brought into full compliance with the provisions of this chapter within 10 months of its effective date, provided nothing prevents the city within the 10-month period from adopting additional standards or amending different conditions, and/or from shortening or extending the time frame for compliance; and any preexisting collective garden in operation within a residential zone as of the effective date of this chapter which continues to operate remains subject to all existing city code and regulations, including but not limited to Chapter 9.08 prohibiting nuisances;

5. Noncommercial medical marijuana collectives will have no more than 10 members. A member is any patient who receives marijuana from the collective for personal use. For the purpose of this chapter, membership will last for a minimum of six months from the date the patient receives any marijuana;

6. A copy of each qualifying patient’s valid documentation or proof of registration with the registry established in state law (now or in the future), including a copy of the patient’s proof of identity, must be available at all times on the premises of the collective garden;

7. No usable cannabis from the collective garden may be delivered to anyone other than one of the qualifying patients participating in the collective garden. Cannabis cultivation activities are not for commercial sale to other qualified patients outside of the collective (as no sales take place, no business license

is required and no taxes are collected). Under no circumstances may a noncommercial collective garden be operated as a home occupation;

8. The outward residential character of the property and underlying zone shall be maintained as part of the collective garden operation (e.g., no adverse lighting, smells, traffic). This shall include:

a. Cannabis shall not be grown or on display in any location where the cannabis plants are visible from the public right-of-way or public place;

b. The use of gas products (CO2, butane, etc.) for the processing of medical cannabis produced by the collective garden is prohibited; and

c. No more than five vehicle trips per week may be generated by members of the collective garden;

9. Where two or more qualified patients meeting the definition of a family as set forth in this definition reside on the same parcel of land, the cultivation of medical marijuana for use by the family only is not considered a collective garden subject to the following:

a. The number of cannabis plants or amount of usable cannabis allowed on the parcel may not exceed the limits allowed under state law for the combined sum of qualified patients in the family or for a collective garden, whichever is less.

For purposes of this definition, “family” means two or more persons related by blood, marriage, adoption, or a group of not more than two persons not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit.

“Co-location,” as used in Chapter 17.78 PTMC, Personal Wireless Service Facilities, means the use of a single monopole or alternative support structure, to the extent technologically feasible, by more than one licensed personal wireless service provider.

“Columbarium” means a structure of vaults lined with recesses for crematory urns.

“Commemorative plaque” means a memorial plaque, sign, plate or tablet which is permanently affixed to or near the structure, object or event it is intended to commemorate and which displays no advertising.

“Commercial air” means compressed air, used in portable tanks or storage tanks, for use by divers, firemen, or other such persons and functions, including the retail sale of such air and containers, as well as the compression thereof and the installation, maintenance and operation of compressing equipment therefor.

“Commercial use” means the use of any structure or property for a purpose directly related to the sale of goods, the furnishing of services of any kind, or used in conjunction with the adjacent littoral commercial property.

“Commercial vehicle” means a motor vehicle used for purposes other than a family such as a taxi, delivery, or service vehicle.

“Committee, historic preservation” means the Port Townsend historic preservation committee established by Port Townsend Ordinance No. 2035, as hereafter amended, and codified in Chapter 2.72 PTMC.

“Communal structure” means a facility for the purposes of cooking, sanitation, and bathing, intended for shared or common use, that is associated with a permitted facility and is designed appropriately for the duration of facility use, in accordance with Chapter 16.06 PTMC, and which meets Jefferson County Department of Health standards.

“Community agricultural center” means an agricultural operation which includes growing, processing, retail sales, office space, instructional activities and farmer/apprentice housing.

“Community center” means a place, structure, area, or other facility used for and providing social, fraternal, religious, and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.

“Community clubhouse” means a privately owned structure in which inhabitants of a PUD or subdivision or members of a property or lot owners’ association gather for meetings and other activities. A community clubhouse must be located and established in a PUD or subdivision at the time of original approval or platting, or subsequently established pursuant to a PUD/plat amendment with the approval of the city and a majority of the PUD or subdivision property and/or lot owners.

“Community event sign” means an informational or directional sign pertaining exclusively to a specific upcoming event sponsored by a governmental entity or nonprofit organization.

“Community garden” means a site used for growing plants for food, fiber, herbs, and flowers and shared and maintained by community residents and may include collective gardens for medical marijuana (see “Collective garden, medical marijuana, commercial” and “Collective garden, medical marijuana, noncommercial”) where permitted by city codes.

“Community supported agriculture” means the direct sale of agricultural produce grown on the site to persons who have contracted for periodic pickup or delivery of such produce, excluding sales from a concession stand. A community supported agriculture operation may offer farmer/apprentice housing. Instructional activities may be conducted on site.

“Compatible use” means a use that is capable of existing in harmony with other uses situated in its immediate vicinity.

Computer Software Development. See “Office, business and professional.”

“Concealed” means fully hidden when viewed from ground level, adjacent rights-of-way, adjacent properties or viewscapes. For example, a personal wireless service facility is concealed when it is completely hidden by, integrated with, or contained within a structure such as a building, wall or roof that is not a telecommunications facility.

“Concession stand, agricultural or produce” means an open air structure, not to exceed 20 feet by 30 feet in its dimensions, and at which produce (e.g., fresh eggs, fruits, vegetables, and/or other agricultural products) from predominately local farms may be sold to the public.

“Conditional (special) use” means a use permitted in one or more zones as defined by this title but which, because of characteristics peculiar to such use, or because of size, technological processes or equipment, or because of the exact location with reference to surroundings, streets, and existing improvements or demands upon public facilities, requires a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same zone or zones. A conditional use is a form of special exception. All conditional uses other than minor conditional uses are processed as Type III permits under Chapter 20.01 PTMC.

“Conditional (special) use, minor” means a conditional use which:

1. Is to be established and conducted entirely within an existing building, or conducted entirely within an accessory structure not exceeding 120 square feet in building coverage and 10 feet in height;

2. Child care centers requiring no new construction other than an outdoor play area and parking improvements; or

3. Employer-provided housing in new or existing structures or tiny houses on wheels.

Minor conditional uses are processed as Type II permits under Chapter 20.01 PTMC.

“Conditional use permit” means the documentary evidence of authority granted by the hearings body to locate a conditional use at a particular location.

“Condominium” means a form of ownership of property where the purchaser normally acquires title to a part of a building and/or a portion of land, and an undivided interest in the common areas and facilities; as distinguished from a cooperative, where the purchaser usually acquires stock that represents his interest in the property. Where the building so acquired consists of bedrooms with individual baths or combined bedrooms and living rooms with individual baths and/or has separate entrances for each unit, each unit shall be considered a separate dwelling unit or a separate hotel room for the purposes of this title.

“Confectionery” means an establishment engaged solely in the preparation and production of candy products for direct retail sale to the consumer on the premises.

“Conference center” means a facility (whether a single building or associated group of buildings on a campus) used for seminars, conventions, educational and cultural programs and activities and similar gatherings, with meeting rooms, lodging and guest services, food preparation, eating facilities, and retail sales. Use of the facility may be open to the general public and not limited to direct support of a specific event.

“Conforming use” means a land use consistent with the list of permitted uses for the district in which it is located, or otherwise designated as a conforming use in that district.

“Congregate care or assisted living facilities” means a building or complex containing seven or more dwelling units or bedrooms designed for, but not limited to, occupancy by senior citizens which provides for shared use of facilities, such as kitchens, dining areas, and recreation areas. Such complexes may also provide kitchens and dining space in individual dwelling units. Practical nursing and Alzheimer’s care may be provided, as well as recreational programs and facilities.

“Construction sign” means a sign which is temporarily erected on premises undergoing construction and which identifies the architect, engineers, contractors, suppliers or other individuals or firms involved with the construction, or announces the character of the building or enterprise.

“Contiguous” means having a common border with, but not separated from, such common border by a public right-of-way. See also “Abutting.”

“Continuum of care facility” means a facility providing both indoor and outdoor emergency housing and shelter facilities on a single site. These mixed shelter and emergency housing types may include, but are not limited to, safe parking, tiny shelters, emergency indoor day-use shelters, emergency indoor overnight shelters, permanent supportive housing, and communal structures, all in a single location. Continuum of care facilities must be owned or managed by an organization that primarily provides services for people or families who are currently unhoused or at imminent risk of becoming unhoused.

Convalescent Home. See “Nursing, rest, or convalescent home.”

“Convenience store” means a retail establishment that is usually open for extended daily hours of business (12 to 24 hours), normally located as a single entity or in a strip building configuration along major roadways, is typically a self-service facility not dependent upon comparison shopping, and, by its manner of display and merchandising, usually sells a limited selection of items and brands of prepackaged or prepared foods, ready-to-eat foods, snacks, gum, candy, beverages, dairy products, or sundries, all of which are frequently purchased for immediate use. It may be developed with facilities for the dispensing and sales of vehicular fuels, but with no sale or installation of tires, batteries or similar accessories. If such establishment is combined with said fuel sales and dispensing, it shall be regulated as an automobile service station and there shall be limitations and controls placed upon the nature, size, delivery, storage, location and type of said fuel sales or dispensing facilities to provide maximum possible protection to adjacent properties, and it must meet the specific requirements of an automobile service station.

“Cooperative, housing” means a form of ownership of property where the purchaser usually acquires stock that represents his/her interest in the property. In not-for-profit housing co-ops each resident or resident household has membership in the cooperative association. Members have occupancy rights to a specific suite within the housing cooperative as outlined in their “occupancy agreement.”

“Cottage housing” means an alternative type of detached housing providing small residences for households of typically one to two individuals, intended to encourage affordability, innovation and variety in housing design and site development while ensuring compatibility with existing neighborhoods.

“Country club” means a private or public membership facility designed for tennis, swim and other recreational activities except riding stables. Such uses and activities may be grouped around a clubhouse containing a restaurant, banquet and meeting room facilities. See also “Golf course” and “Recreation facilities.”

“Court” means an open, unoccupied space other than a yard, on the same lot with a building or buildings and which is bounded on two or more sides by such buildings or building including the open space in a house, court or apartment, providing access to the units thereof. See also “Open space, urban.”

Coverage, Building. See “Lot coverage.”

Coverage, Ground. See “Lot coverage.”

“Covered moorage building area” means the area of water lying directly beneath that portion of a structure covered by a roof, designed for boat storage.

“Crematorium” means a facility that uses heat or fire to reduce human or animal remains to ashes.

“Custom art and craft work” means a use in which nonfood, finished, personal or household items, which are either made to order or which involve considerable handwork, are produced. Examples include but are not limited to pottery and candle making, leather work, creation of sculpture and other art work, and glassblowing. High-impact uses shall not be considered custom art and craft work.

“Daylight plane” is intended to provide for light and air, and to limit the impacts of bulk and mass on adjacent properties. “Daylight plane” means a height limitation that, when combined with the maximum height limit, defines the building envelope within which all new structures or additions must be contained. The daylight plane is an inclined plane, beginning at a stated height above average grade and extending into the site at a stated upward angle to the horizontal up to the maximum height limit. The daylight plane may further limit the height or horizontal extent of the building at any specific point where the daylight plane is more restrictive than the height limit applicable at such point on the site.

“Decisionmaker” means:

1. Generally: the official or officials of the city who make the final decision on a project permit application, as defined in Chapter 20.01 PTMC.

2. As used in Chapter 17.78 PTMC, Personal Wireless Service Facilities: the PCD director for Type I and Type II permits, and the hearing examiner for Type III permits.

“Demolition” means any act or process which destroys in whole or in part a building, structure or object.

“Design review standards” means the guidelines used by the HPC in conducting its design review responsibilities established in this title.

“Designated provider,” for purposes of the city’s medical marijuana regulations, means a person who:

1. Is 18 years of age or older;

2. Has been designated in writing by a patient to serve as a designated provider under this chapter;

3. Is prohibited from consuming marijuana obtained for the personal, medical use of the patient for whom the individual is acting as designated provider; and

4. Is the designated provider to only one patient at any one time.

“Detached building” means a building surrounded on all sides by open space.

“Developed street” means any public street, highway, avenue, easement or other public right-of-way classified as a local access street, collector street, minor arterial, or principal arterial (see PTMC Title 12), which is partially or fully developed and which is devoted to vehicular transportation use by the public at large. For the purposes of Chapter 17.78 PTMC only, any street that does not meet this definition shall be considered an undeveloped street.

“Development” means any improvement or alteration to real property which requires a building, clearing, grading, or sign permit.

“Directional sign” means a sign which contains specific directional information and contains no advertising.

“Director” or “PCD director” means the planning and community development department director of the city, or his or her designee. In any and all ordinances, resolutions, contracts, agreements, environmental determinations, or other documents adopted prior to the effective date of the ordinance codified in this title, the titles “director of planning and building” and “planning director” or other similar designations shall also mean “director of the planning and community development department.”

“Directory sign” means a sign which displays exclusively the names, logos and locations of occupants or uses of a building or complex; which includes, but may not be limited to, signs for office buildings, church directories and signs for malls, arcades, and similar commercial buildings. No advertising other than the name, logo and locations of occupants or uses is included.

“Disaster relief shelter” means a facility that provides housing for individuals and families in the sudden event of a natural disaster or an immediately hazardous situation as determined by local, state or federal governments.

“Disguised,” as used in Chapter 17.78 PTMC, Personal Wireless Service Facilities, means a personal wireless facility that is constructed to appear as something other than what it really is (e.g., a personal wireless service facility that is disguised to appear as a tree or flagpole).

“District, zoning” means any portion of the city within which, on a uniform basis, certain uses of land and buildings are permitted and certain other uses of land and buildings are prohibited as set forth in this title, and within which certain yards and other open spaces are required, certain lot areas are established, and a combination of such aforesaid conditions are applied.

“Dock” or “pier” means a landing and moorage facility for watercraft that abuts the shoreline and does not include recreational docks, storage facilities, or other appurtenances.

“Downtown parking district” means those areas lying within commercial, marine-related and manufacturing, and public, park and open space zoning districts from Admiralty Inlet to Van Buren Street between Port Townsend Bay and Jefferson Street, excluding the P-I zoned block bordered by Van Buren, Jefferson, Harrison and Washington Streets.

“Drinking establishment” means a business primarily engaged in the retail sale of alcoholic beverages for consumption on the premises, including nightclubs, bars, and taverns. It shall not mean a premises wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and the sale of said beverages comprises less than 20 percent of the gross receipts (e.g., a lounge operated as part of a restaurant is considered to be an accessory to the restaurant).

“Drive-in or drive-through facility” means an establishment that, by design, physical facilities, service, or by packaging procedures, encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles. Unless specifically prohibited, drive-in or drive-through facilities may be permitted as an accessory use when the primary use is otherwise permitted by this title.

“Driving range (golf)” means an unconfined recreational facility (i.e., without netting overhead or alongside the facility) situated on a plot of land at least 400 yards in length and a minimum of 300 feet wide. A golf driving range may be built with overhead netting, as well as netting (or other confining material) along the sides and the rear of the facility. In such cases, the land requirements shall be at least 100 yards in length and a minimum of 150 feet wide. The purpose of such facility is to allow golfers an opportunity to practice their golf shots.

“Duplex” means a single building containing two attached dwelling units, either side by side or above one another, separated by fire-resistive common wall or common floor/ceiling assemblies. Over and under duplexes shall have common floor-ceilings between dwelling units. For purposes of this title, units in a duplex are considered single-family dwellings within R-I and R-II districts; provided, that the base density requirements of the district are not exceeded. See also “Triplex” and “Fourplex.”

“Dwelling” means any building or portion thereof designed or used primarily for residential occupancy, including single-family dwellings, duplexes, triplexes, fourplexes, and multifamily dwellings, but not including hotels or motels.

“Dwelling, multifamily” means a building containing five or more dwelling units, including units that are located one over the other.

“Dwelling, single-family attached” means a duplex, triplex, fourplex, or townhouse or rowhouse unit as defined by this title.

“Dwelling, single-family detached” means a dwelling that is entirely surrounded by open space on the same lot, and which is designed for and occupied exclusively by one family and the household employees of that family.

“Dwelling unit” means any building or portion thereof that contains separate living facilities for not more than one family. Separate living facilities shall constitute provisions for sleeping, eating, cooking, and bathroom facilities. “Dwelling unit” does not include motel, boardinghouse, or tourist home units. (Ord. 3335 § 2 (Exh. C.A), 2024; Ord. 3323 § 1 (Exh. A), 2023; Ord. 3306 § 1 (Exh. A), 2023; Ord. 3287 § 5, 2022; Ord. 3272 § 1 (Exh. A), 2021; Ord. 3172 § 5 (Exh. D), 2017; Ord. 3154 § 4(1) (Exh. C), 2016; Ord. 3112 § 1 (Exh. A), 2014; Ord. 3038 § 1 (Exh. A), 2010; Ord. 3035 §§ 2, 3, 2010; Ord. 2977 § 1, 2008; Ord. 2945 § 5.9, 2007; Ord. 2939 § 3, 2007; Ord. 2920 § 6, 2005; Ord. 2916 § 2, 2006; Ord. 2898 § 6, 2005; Ord. 2892 § 1, 2005; Ord. 2878 § 1(1.1), 2004; Ord. 2867 § 2, 2004; Ord. 2864 § 5(Exh. D § 1), 2004; Ord. 2782 § 4, 2001; Ord. 2700 § 3, 1999; Ord. 2670 § 3, 1998; Ord. 2571 § 2, 1997).

17.08.030 E through H.

“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.

“Electrical distribution substation” means an assembly of equipment designed to receive energy from a high voltage distribution supply system, to convert it to a form suitable for local distribution and to distribute the energy to feeders through switching equipment designed to protect the service from the effects of faults.

“Emergency repair” means work necessary to prevent destruction or dilapidation of real property or appurtenances thereto immediately threatened or damaged by fire, flood, earthquake or other disaster, or to correct an unsafe condition.

“Emergency indoor housing” means an indoor facility on a site owned or controlled by a sponsor with services supervised by a managing agency, for individuals or families who are unhoused or at imminent risk of becoming unhoused that is intended to address the basic health, food, clothing and personal hygiene needs of individuals or families. Emergency indoor housing facilities may require occupants to enter into a lease or an occupancy agreement.

“Emergency indoor day-use shelter” means an indoor facility on a site owned or controlled by a sponsor with services supervised by a managing agency that provides temporary shelter not including beds or overnight services for individuals or families who are currently unhoused. Emergency indoor day-use shelters may not require occupants to enter into a lease or an occupancy agreement. Emergency indoor day-use shelter facilities may include warming centers, climate resilience centers, severe weather centers, and temporary on-site hygiene centers which do not provide overnight accommodations.

“Emergency indoor overnight shelter” means an indoor facility on a site owned or controlled by a sponsor with services supervised by a managing agency that provides a temporary shelter, including overnight accommodations, for individuals or families who are currently unhoused. Emergency indoor overnight shelters may not require occupants to enter into a lease or an occupancy agreement. Emergency indoor overnight shelter facilities may offer daytime services in addition to beds and overnight accommodations, such as warming centers, climate resilience centers, severe weather centers, and temporary on-site hygiene centers.

“Emergency outdoor shelter” or “EOS” means a facility on a site owned or controlled by a sponsor with services supervised by a managing agency that provides a temporary shelter for individuals or families who are currently unhoused. Emergency outdoor shelters may include a combination of tents and communal structures (e.g., bathroom/shower/kitchen). Emergency outdoor shelters may not require occupants to enter into a lease or an occupancy agreement. For facilities supporting temporary habitation in vehicles exclusively, see “Safe parking.”

“Employer-provided housing” means housing owned by an employer for the exclusive use of their employees and household members.

“Engineering design standards” is synonymous with “engineering standards” and means the city’s engineering, design and construction standards and specifications governing the construction of public and private improvements serving developments. The city’s engineering design standards include standards for streets and roads and other transportation facilities in accordance with PTMC Title 12, standards for water, sewer and stormwater improvements in accordance with PTMC Title 13, and the public works engineering design standards manual.

“Equipment enclosure,” as used in Chapter 17.78 PTMC, Personal Wireless Service Facilities, means a structure, shelter, cabinet, box or vault designed for and used to house and protect the electronic equipment necessary and/or desirable for processing wireless communication signals and data, including any provisions for mechanical cooling equipment, air conditioning, ventilation, or back-up power supplies or emergency generators.

“Equipment rental service, commercial” means a business which rents or leases equipment for personal or household use, including but not limited to power and hand tools, yard and garden equipment, or party supplies such as dishware, glassware, and folding tables and chairs. This does not include rental of furniture or appliances, which is classified under “furniture, home furnishings, and appliance stores.” It also does not include rental or leasing of portable toilets, heavy equipment like bulldozers, or similar services to the construction trades. These are classified as light manufacturing uses.

“Essential public facilities” means public facilities and privately owned or operated facilities serving a public purpose. The term includes essential public facilities of statewide significance listed in RCW 36.70A.200, and locally defined essential public facilities listed in the countywide planning policy for Jefferson County, Policy No. 4. Examples of essential public facilities include, but are not limited to: airports; state educational facilities; state or regional transportation facilities; prisons, jails, and other correctional facilities; solid waste handling facilities; inpatient facilities such as group homes and mental health facilities; sewage treatment facilities; and communication towers and antennas.

“Essential use” means that use for the preservation or promotion of which the use district was created, and to which all other permitted uses are subordinate.

“Establishment” means an economic unit, generally at a single physical location, where business is conducted or services are offered.

“Fairgrounds” means an area that is set aside for fairs and other major public events. Typically, fairgrounds include exhibition halls, arenas for competitions like rodeos, horse races, and animal agility trials, and open space for setting up booths and other entertainments. Campgrounds for transient use may also be included within a fairground. Fairgrounds may host a broad range of events attracting a community-wide audience (e.g., county fairs, truck competitions, exhibitions, carnivals, or circuses) to small gatherings (e.g., club meetings, educational workshops, private parties/weddings, charity events, weekend sales events).

“Family home child care” means a facility licensed to provide direct care, supervision and early learning opportunities for 12 or fewer children at any one time, in the home of the licensee where the licensee resides and is the primary provider, as presently defined and hereafter amended (WAC 170-296-0020).

Farmers Market. See “swap meet.”

“FCC” means the Federal Communications Commission.

“Fence” means any artificially constructed barrier of any material or combination of materials erected to enclose, screen or separate areas. This definition does not include arbors, trellises, and other framework installations which are either freestanding or integral to a fence or wall or hedges. See also “arbor” and “hedge.”

“Ferry landing” means a dock used for loading passengers or motor vehicles to any commercial waterborne vessel on which transportation is offered for compensation.

“Financial institutions” means establishments such as, but not limited to, banks and trust companies, credit agencies, investment companies, brokers and dealers of securities and commodities, and other similar uses.

“Flag” means the officially recognized symbol of a government jurisdiction displayed on cloth or similar flexible fabric.

“Flashing sign” means a sign or a portion thereof which changes light intensity or switches on and off in a repetitive pattern, or uses electrical energy to provide motion or the optical illusion of motion.

“Flea market” means an occasional sales activity held within a building, structure, or open area where groups of individual sellers offer goods, new and used, for sale to the public, but not to include private garage sales. See also “swap meet.”

“Floor” means the top surface of an enclosed area in a building (including basement) (i.e., the top of a slab in concrete slab construction or the top of wood flooring in wood frame construction). The term does not include the floor of a garage used primarily for the parking of vehicles and where openings are installed to allow the free passage of water.

“Floor area, gross” means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walls and from the centerline of division walls. Floor area shall include: basement space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces with headroom of seven feet, six inches or more, penthouse floors, interior balconies and mezzanines, enclosed porches. Floor area shall not include: accessory water tanks and cooling towers, mechanical equipment or attic spaces with headroom of less than seven feet, six inches, exterior steps or stairs, terraces, breezeways and open spaces.

“Floor area, ground” means the gross floor area for the first floor of a structure only. The first floor which is at or above grade level.

“Floor area, net total” means the sum of the gross floor area for all floors excluding that portion of upper floors with sloping roofs with a ceiling height of less than five feet.

“Floor area ratio (FAR)” means the gross floor area of all of the floors of any building or buildings on a lot, divided by the area of such lot or, in the case of planned unit developments, by the net lot area.

“Floor area, usable” means any floor area within the outside walls of a building exclusive of areas in cellars, basements, unfinished attics, garages, open porches, and accessory buildings.

“Food hub” means a facility where agricultural, aquaculture, or fishery products are aggregated, cut, cleaned and packaged for redistribution. These facilities do not include slaughter of animals.

“Food stores” means stores primarily engaged in selling food and beverages for home preparation and consumption. It includes grocery stores; meat and fish markets, including freezer provisioners; fruit and vegetable markets; candy, nut, and confectionery stores; dairy products stores; retail bakeries; wine and beer shops; liquor stores; and miscellaneous stores specializing in items such as spices, coffee, or health foods. As an accessory use, a food store may also sell prepared products for on-site or off-site consumption.

“Foster home” means a home licensed and regulated by the state and classified by the state as a foster home, providing care and guidance for not more than five unrelated juveniles, adults or both.

“Fourplex” means a single building containing four attached dwelling units, either side by side or above one another, separated by fire-resistive common wall or common floor/ceiling assemblies. Over and under fourplexes shall have common floor-ceilings between dwelling units. For purposes of this title, fourplexes are considered single-family dwellings within R-I and R-II districts; provided, that the base density requirements of the district are not exceeded. See also “duplex” and “triplex.”

“Fraternal organization” means a group of people formally organized for a common interest, usually cultural, religious, or entertainment, with regular meetings, rituals, and formal written membership requirements. (Note: this is not a “fraternity”).

“Fraternity, sorority, or student cooperative” means a building occupied by and maintained exclusively for students affiliated with an academic or professional college or university, or other recognized institution of higher learning and regulated by such institution.

“Freestanding sign” means a sign which is supported by uprights or braces connected permanently to the ground and which is not connected to a building. See also “pole sign.”

“Fuel storage facility” means an area that is used or planned to be used for the bulk storage of petroleum, propane, and similar products used for heating purposes, powering motor vehicles, boats and ships, and aircraft, and operating electrical generating plants. The facilities may be aboveground or underground storage tanks.

“Full cutoff lighting fixture” means, as defined by the Illuminating Engineering Society of North America (IES), a full cutoff luminaire (fixture) that has no direct uplight (light emitted above horizontal) and eliminates glare by limiting the intensity of light from the fixture in the region between 80 and 90 degrees above a point on the ground directly below the fixture. A “fully shielded” fixture eliminates direct uplight but may not reduce or eliminate glare.

“Funeral parlors and mortuaries” means businesses primarily engaged in conducting funerals and preparing the dead for burial, but not including crematoriums.

“Furniture, home furnishings, and appliance stores” means businesses primarily engaged in the retail sale of goods used for furnishing the home, such as furniture, floor coverings, draperies, lighting fixtures, wood stoves, domestic cook stoves, refrigerators, and other household electrical and gas appliances. This category also includes rental of furniture, appliances, and the like. Consumer electronics such as televisions, stereo equipment, and personal computers are classified under “specialty stores.” Mini-computers and mainframe computers are classified under office supplies and equipment stores. See also “specialty stores.”

“Garage, private residential” means a structure that is accessory to a residential building and that is used for the parking and storage of vehicles owned and operated by the residents thereof, and that is not a separate commercial enterprise available to the general public.

“Garage, public parking” means a building, or portion of building, or area beneath a building or structure, except those described as a private garage, used only for the parking of motor vehicles.

“General merchandise store” means a store that sells a wide variety of grocery and nongrocery items. Stores that sell nongrocery items (such as consumer electronics, hardware, building materials, apparel, sporting goods, automotive supplies or the like) as a major component of their business (i.e., 30 percent or more of display area) are classified as general merchandise stores. Stores that primarily sell groceries (i.e., 70 percent or more of their display area) are classified as grocery stores.

“Golf course” means a tract of land laid out for at least nine holes for playing the game of golf and improved with tees, greens, fairways, and hazards, and that may include a clubhouse and shelter. See also “country club.”

Grade.

1. “Finished grade” means the lowest point of elevation of the finished surface of the ground, paving or sidewalk, within the area between the building and the property line or, when the property line is more than 10 feet from the building, between the building and a line 10 feet from the building.

2. “Natural grade” means the elevation of the ground level in its natural state before construction, filling, or excavation.

3. For the purposes of Chapter 17.76 PTMC, Signs, “grade” means the average elevation of the ground surface immediately below the sign after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign. In cases in which the grade cannot reasonably be determined, sign height shall be equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the main entry to the principal building, whichever is lower.

4. “Average grade” means a reference established by averaging the grade elevations at the four corners surrounding a building.

“Grand opening” means the celebration or promotional period beginning on or shortly after the date when a new, permanent business or use is open for business in a permanent, fixed building. Grand opening events must be related to: opening of a new business; a change of business location; construction of a new business structure; major remodeling or expansion valued at $50,000 or more; change of ownership; or change of name.

“Greenbelt” means a strip of land, variable in width, for the planting, growing and maintaining of cultivated landscaping.

“Greenhouse” means an enclosed building, permanent or portable, that is used for the growth of small (i.e., less than 10 feet in height) plants.

“Grocery store” means a subcategory of food store which is primarily engaged in the retail sale of a wide variety of fresh foods, packaged foods and household supplies for preparation and consumption in the home. Commonly known as a supermarket, grocery store, or minimarket, this type of store sells such goods as tea, coffee, spices, sugar, flour and packaged foods; fresh and/or frozen fruits and vegetables; fresh and/or prepared meats, fish, and poultry; domestic cleaning products and paper goods; and miscellaneous small items for home use. See also “food stores.” A store which also sells a wide variety of nongrocery items (such as automotive supplies, consumer electronics, hardware, building materials, apparel, sporting goods or the like) as a major part of its sales (i.e., 30 percent or more of its display area) is classified as a general merchandise store.

“Gross acreage” means the total area within the lot lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel.

“Group home for the disabled” means a dwelling shared by four or more disabled persons, and resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education, and participation in community activities for residents with the primary goal of enabling the resident to live as independently as possible in order to reach their maximum potential. As used herein, “disabled” means:

1. Having a physical or mental impairment that substantially limits one or more of such person’s major life activities so that such person is incapable of living independently;

2. Having a record of having such an impairment; or

3. Being regarded as having such an impairment.

However, “disabled” shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. “Group home for the disabled” shall not include alcoholism or drug treatment centers, work-release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration.

“Guest house/detached bedroom” means a detached building used as sleeping quarters with a bathroom but without a kitchen located on the same lot with a primary residence.

“Guyed tower,” as used in Chapter 17.78 PTMC, Personal Wireless Service Facilities, means a monopole or lattice tower that is stiffened or anchored to the ground or other surface by cables.

“Halfway house” means a licensed home for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive confinement wherein supervision, rehabilitation, and counseling are provided to mainstream a person back into society.

“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 the Washington Administrative Code (WAC) rules adopted under Chapter 70.105 RCW.

“Hazardous waste” means all dangerous and extremely hazardous waste, including substances composed of both radioactive and hazardous components, regulated under either Chapter 70.105 RCW, or the Washington Administrative Code (WAC) rules adopted pursuant thereto.

“Hazardous waste facility” means any facility on which the treatment or storage of hazardous waste occurs, including but not limited to those facilities defined in WAC 173-303-040.

“Health club” means gymnasiums (except those associated with educational institutions), steam baths, saunas, private clubs (athletic, health, or recreational), reducing salons, and weight control establishments.

“Heavy manufacturing” means a use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in the storage of or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. See also “High-impact use.”

“Hedge” means any self-supporting barrier of living vegetation that encloses, screens, or separates areas.

“Height,” as used in Chapter 17.78 PTMC, Personal Wireless Service Facilities, means the vertical distance measured from the lowest preexisting ground level within the footprint of the facility to the highest point on the facility, including but not limited to the antenna or antenna array. See also “building height.”

“High-impact use” means a business establishment which is considered to be dangerous and/or noxious due to the probability and/or magnitude of its effects on the environment. High-impact uses shall include but are not limited to:

1. Battery manufacturing, reprocessing;

2. Crude petroleum refinery and storage;

3. Creosote manufacture and treatment;

4. Distillation of wood, coal or bones, or manufacture of byproducts; animal black or bone black manufacturing;

5. Fuel (illuminating or heating) manufacture or storage;

6. Incineration or reduction of garbage, offal, dead animals, or refuse;

7. Manufacture of poisons, pesticides and herbicides;

8. Manufacture of Class 1A or 1B flammable liquids as defined by the International Fire Code; storage of same in aboveground containers;

9. Manufacture or substantial use of ammonia, chlorine, asbestos, oxygen, hydrogen acids (hydrochloric, nitric, picric, sulfurous, sulfuric);

10. Rendering of fat, tallow, lard; extraction of animal or fish fats and oils;

11. Smelting of ore;

12. Stockyards, hog farms, slaughterhouses, including packing and freezing;

13. Storage of explosives, as defined by the International Fire Code;

14. Tanneries; and

15. Wood pulp manufacture.

17.08.040 I through M.

“Illuminated sign” means any sign illuminated in any manner by an artificial light source.

“Improvement” means any act that improves the value of public, real or personal property, or which is necessary as a condition of development, including but not limited to: streets and roads; public utility and pedestrian facilities; street lights; sewer and water lines; bridge structures; storm drainage facilities; and traffic control devices installed as a condition of planned unit development, short subdivision, full subdivision, binding site plan, or other development application approval.

“Incidental sign” means a small, nonilluminated information sign two square feet or less in area which pertains to goods, products, services or facilities which are available on the premises where the sign occurs, and intended primarily for the convenience of the public while on such premises.

“Incidental use” means a use which is subordinate and accessory to a use which is permitted outright or conditionally in the zoning district.

“Incompatible use” means a use that is incapable of existing in harmony with the natural environment or with other uses situated in its immediate vicinity.

“Indoor storage” means the keeping of any goods, materials, merchandise, or supplies as an accessory use to any retail, office, or service use. Any retail or office use shall not devote more than 35 percent of its gross floor area to indoor storage.

“Indoors” means within a fully enclosed and secure structure that complies with the city’s adopted building codes, that has a complete roof enclosure supported by walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached. The structure must be secure against unauthorized entry, accessible through one or more lockable doors, and constructed of solid materials that cannot be easily broken through. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.

“Industrial park” means a planned, coordinated development of a tract of land with two or more separate manufacturing buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site circulation, parking, utility needs, building design and orientation, and open space.

“Infill development” means the development of a vacant or under-utilized parcel or parcels that are similar in size and configuration to those found in the adjacent developed area. Infill development minimizes the need

for new utilities and streets and supports the more efficient delivery of urban services through compact development patterns.

“Institutional use” means a nonprofit corporation or establishment for public use.

“Institutions, educational” means a college, junior college, or university supported by public or private funds, tuitions, contributions or endowments, giving advanced academic instruction as approved by the State Board of Education or by a recognized accrediting agency, including fraternity and sorority houses, and excluding preschools, elementary and junior and senior high schools, and trade and commercial schools.

“Intersection, primary” means intersection of the two streets with the highest traffic classifications abutting a project site, as described by Port Townsend’s Engineering Design Standards Manual.

“Junkyard” means a place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking yards, and places or yards for storage of salvaged house wrecking and structured steel materials and equipment. A junkyard shall not be construed to include such uses when conducted entirely within an enclosed building, nor pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, used or salvaged machinery in operable condition or the processing of used, discarded or salvaged materials as part of a manufacturing operation. See also “Automobile wrecking yard.”

“Kennel, animal” means any site where four or more each of dogs, cats, or other small animals over the age of one are kept, whether such keeping is for pleasure, profit, breeding, or exhibiting, including places where said animals are boarded, kept for sale, or hire.

“Kitchen” means any room used or intended or designed to be used for cooking and/or preparation of food. A kitchen shall include at least an oven range or cooking device and a permanently installed sink.

“Kitchen, commercial” means a kitchen engaged in a for-profit business activity offering culinary instruction, or preparation and/or processing of food intended primarily for sale and off-site consumption.

“Laboratory” means a place devoted to experimental study, such as testing and analyzing, as well as physical diagnostic facilities and soil and water testing facilities. The manufacturing of any product or products is not considered to be part of this definition.

“Land use” means the employment of a site or holding so as to derive revenue or other benefit from it; also the delineation by the government of the utilization to which land may be put so as to promote the most advantageous development of the city of Port Townsend.

“Landscape” means the use of materials such as, but not limited to, trees, ornamental shrubs, gravel, river rock, driftwood, rockeries, lawn, artificial turf or combination of such materials.

“Lattice tower” means a framework composed of cables, straps, bars, or braces, forming a tower which may have three, four or more sides.

“Laundromat” means an establishment providing washing, drying, or dry cleaning machines on the premises for rental use to the general public for family laundering or dry cleaning purposes.

“Laundry plant” means an establishment for the mechanized washing and/or dry cleaning of clothing, linens, and the like.

“Laundry service” means a retail sales and service establishment that provides for the drop-off of clothing, linens, and the like to be washed, dry cleaned, ironed, mended, or repaired with no machines or equipment for the dyeing of same, and specifically no machines or equipment available for self-service directly by the consumer.

“Leasable space” means an area designed to be a separate leasehold. Load-bearing walls are not required to separate leaseholds and one business may occupy more than one leasehold; however, each leasehold shall provide for its own entrance.

“Licensed carrier” means any person, firm, or entity licensed by the FCC to provide personal wireless services and which is in the business of providing the same.

“Light manufacturing” means a manufacturing use, typically having low impacts on the environment, in which articles are either produced, assembled, finished and/or packaged from prepared materials made at another location, or raw materials, such as premilled wood, paper, wool, textile, leather, cork or semiprecious or precious metals or stones. Light manufacturing includes but is not limited to the assembly of clocks, clothing, furniture, electrical appliances, medical equipment and sports equipment. For the purpose of this definition, light manufacturing shall include canning or bottling of food or beverages for human or animal consumption using a mechanized assembly line, and printing plants. High-impact uses shall not be considered light manufacturing.

“Lighting, indirect” means a light source separated from the sign surface and illuminating the sign surface by means of spotlights or similar fixtures.

“Lighting, internal” means an indirect, concealed light source which is recessed or contained within any element of a sign.

“Lighting, neon” means lettering, numerals, symbols, logos, emblems or illustrations which are directly visible and are constructed of and illuminated solely by glass tubes filled by neon gas or equivalent light emitting gaseous elements.

“Livestock” means domestic animals, such as horses, cattle, pigs, goats, or poultry, kept for their services or raised for food and other products.

“Lodging house” means a building with a single kitchen that provides the primary residence for the owner or operator and in which seven or more roomers, lodgers and/or boarders are housed or fed. A lodging house is not a short term rental. See also “Dwelling, multifamily.”

“Lot” means a designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.

“Lot area” means the total horizontal area within the boundary lines of a lot. Where utility or private access easements are located within a parcel, lot area computation shall include that area contained within the easement. Where public street rights-of-way are located within or bordering a parcel, lot area computation shall not include that area contained within such rights-of-way. Lot area does not include any property that may be part of the lot or attached to a lot by reason of a street vacation resulting from the effect of statutory vacation (State of Washington Laws of 1889-1890, Chapter 19, Section 32, “statutory vacation statute”).

“Lot, corner” means a lot situated at the intersection of two streets or roads, by which the interior angle does not exceed 135 degrees.

“Lot coverage” means the total ground coverage of all buildings or structures on a site measured from the outside of external walls or supporting members, including accessory buildings or structures, but not to include at-grade off-street parking lots, deck areas, terraces, swimming pools, pool deck areas, walkways, roadways, or driveways.

“Lot depth” means the mean dimension of the lot from the front street line to the rear line.

“Lot frontage” means the boundary of a lot which is along an existing or dedicated public street, or where no public street exists, along a private road, easement or access way. On an interior lot, it is the lot line abutting a street; or, on a pipestem (i.e., flag) lot, it is the interior lot line most parallel to and nearest the street from which access is obtained. On a corner lot the property owner shall declare which of the two lot lines shall be considered the front lot line at the time of application for a building permit.

“Lot, interior” means a lot fronting on one street.

“Lot line, front” means, for setback purposes, the lot line which is adjacent to a street or access easement of at least 20 feet in width; excepting corner lots in which case the property owner shall declare which of these two lot lines shall be considered the front lot line at time of application for a building permit for the first residential building on the lot. In the event of lot configurations or circumstances not provided for in this title, the building official shall determine the front lot line based on the purposes of this title set forth in PTMC 17.04.020, subject to appeal pursuant to Chapter 20.01 PTMC.

“Lot line, rear” means any lot line which is distant from and essentially parallel to a front lot line.

“Lot line, side” means any lot line other than a front lot line or a rear lot line.

“Lot of record” means any lot or parcel of land shown on an officially recorded plat or short plat or a parcel of land officially recorded or registered as a unit of property and described by platted lot number or by metes and bounds and lawfully established for conveyancing purposes on the date of recording of the instrument first referencing the lot. “Lot of record” as used herein does not imply that the lot conforms with the legal regulatory requirements for subdivision of property in accordance with Chapter 58.17 RCW and PTMC Title 18.

“Lot, through” means a lot that has both ends fronting on a street; both ends will be considered front.

“Lot width” means the dimension of the lot line at the street, or in an irregular shaped lot the dimension across the lot at the building line, or in a corner lot the narrow dimension of the lot at a street or building line.

“Lounge” means a building or portion of a building, wherein alcoholic beverages are sold by the drink and consumed on the premises. See “Drinking establishment.”

“Low impact development (LID)” means a stormwater management approach modeled after nature. LID’s goal is to mimic a site’s predevelopment hydrology by using design techniques that infiltrate, filter, store, evaporate, and detain runoff close to its source. Techniques are based on the premise that stormwater management is not stormwater disposal. Instead of conveying and treating stormwater in large, costly end-of-pipe facilities located at the bottom of drainage areas, LID uses stormwater features located at the lot level. LID techniques include but are not limited to: bioretention cells/rain gardens, amended soil in landscape areas, green roofs, dispersion of runoff, infiltration, pervious pavement, limits on impervious surfaces and site design that maximizes retention of vegetation and runoff control within the site.

“Low power facility” means a licensed or unlicensed personal wireless service facility with a maximum transmitter peak output power that does not exceed the limits for such as set forth by the Federal Communications Commission. Other than the antenna, all associated equipment for low powered facilities must be less than 14 by 16 inches in length and width and eight inches in depth. Low powered facility antennas have a length not to exceed 30 inches, a width not to exceed five inches and a depth not to exceed four inches. Low powered facilities mounted on street poles in developed street rights-of-way are subject to the provisions of PTMC 17.78.100(D).

“Lumber and wood products processing” means a predominantly manufacturing use typically involved in the milling and primary processing of raw wood products.

“Macro-facility” means a personal wireless service facility, with a height not to exceed 75 feet (unless otherwise permitted at a preferred location) comprised of either (1) a monopole and attached panel, parabolic or whip antenna or antenna array, or (2) a panel, parabolic or whip antenna or antenna array attached to an alternative support structure. The definition of macro-facility also includes the associated equipment enclosure.

“Main entry” means the entrance from outdoors into a principal building through which most customers or other visitors pass or are expected to pass. Each principal building shall be considered to have no more than one main entry, excepting a multiple-business complex, in which case each physically separate business which has no internal passageway to any other business premises shall be considered to have one main entry.

“Managing agency” means an organization identified as the manager of a temporary encampment that has the capacity and expertise to organize and manage a temporary encampment. A “managing agency” may be the same entity as the sponsor.

“Manufactured home” means a single-family residence constructed after June 15, 1976, in accordance with the U.S. Department of Housing and Urban Development (HUD) requirements for manufactured housing, and bearing the appropriate insignia indicating such compliance. It is a structure, transportable in one or more sections. (Note: Manufactured homes were formerly called “mobile homes” before the federal government assumed control of the construction standards for the industry by way of the National Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401)). Manufactured homes must also meet the following requirements:

1. Set on a permanent foundation with the space from the bottom of the home to the ground enclosed by either load bearing concrete or decorative concrete or masonry blocks so that no more than one foot of the perimeter foundation is visible above grade;

2. Originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof; and

3. Originally constructed within three years of the date proposed for placement.

The term “manufactured home” does not include “modular home.”

“Manufactured or mobile home park” means land under single ownership and control designed and used for the temporary or permanent parking of two or more manufactured or mobile homes for human occupancy.

Manufacturing, Heavy. See “Heavy manufacturing.”

Manufacturing, Light. See “Light manufacturing.”

“Marijuana” means 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, “cannabis” or “marijuana” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, 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. See also “Cannabis.”

“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 as wholesale to marijuana retailers. Within the city of Port Townsend, all state licensed marijuana processors must conduct all activities entirely indoors within a rigid structure.

“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. Within the city of Port Townsend, all state licensed marijuana producers must conduct cultivation activities entirely indoors within a rigid structure.

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

“Marijuana, usable” means dried marijuana flowers. The term “usable marijuana” does not include marijuana-infused products.

“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.

“Marina” means a facility that provides launching, storage, supplies, moorage, and other accessory service for six or more pleasure and/or commercial watercraft.

“Marine-related use” means goods and services which are primarily intended to support boating, sailing, water sports, marine research, or similar activities.

“Marquee” means a permanent structure attached to and supported by the building and projecting over public or private property.

“Massage” means the manipulation of the superficial tissue of the human body with the hand, foot, arm, or elbow, whether or not such manipulation is aided by hydrotherapy or thermal therapy, or any electrical or mechanical device, or the application to the human body of a chemical or herbal preparation, and is not intended to be sexually arousing.

“Massage clinic or center” means a business establishment offering massage, steam baths, saunas, etc., to relieve tension, make muscles or joints supple, or stimulate circulation.

“Mean ground level” means the average of the finished ground level at the center of all exposed walls of a building. Where walls are parallel to and within five feet of a sidewalk, the sidewalk shall be considered the mean ground level.

“Microbrewery” means a combination retail, wholesale and manufacturing business that brews and serves beer and/or food on the premises.

“Microdistillery” means a combination retail, wholesale and small-scale artisan manufacturing business that produces and serves alcoholic spirits and/or food on the premises.

“Micro-facility” means a single array and transmitter mounted on an existing street or light pole located within a developed street, with the associated equipment enclosure mounted on the pole or installed completely below grade.

“Microwinery” means a combination retail, wholesale and small-scale artisan manufacturing business that produces and serves wine and/or food on the premises.

“Mini-facility” means a panel, parabolic or whip antenna or antenna array attached to an alternative support structure with a height not to exceed the height limit of the zoning district in which it is proposed to be located. The definition of mini-facility also includes the associated equipment enclosure.

“Mini-storage or mini-warehouse” means a building or group of buildings consisting of individual storage units not exceeding 400 square feet per storage unit that are leased or owned for the storage of business and household goods or contractor’s supplies. These facilities shall not be used for any wholesale or retail operations.

“Mixed use development” means the development of a parcel or structure with two or more different land uses, such as a combination of residential, office, manufacturing, retail, public, or entertainment in a single physically integrated group of structures. Within shorelines jurisdiction, a mixed use development may be required to include water-dependent/water-related uses; refer to the shoreline master program.

“Mixed use zoning” means zoning that permits a combination of typically separated uses within a single development (i.e., as in the city’s C-I/MU and C-II/MU districts). Mixed use in an urban context refers to usually a single building with more than one type of activity taking place within its confines. An example of such a type of development could have commercial uses on the ground floor, offices above them, and residential units above the offices. Other combinations of uses may also occur in this type of setting.

“Mobile home” means a single-family dwelling constructed in accordance with the requirements prescribed under RCW 43.22.340, as amended, and bearing the “mobile home” insignia of the Washington State Department of Labor and Industries. It is a dwelling transportable in one or more sections that are eight feet or more in width and 32 feet or more in length, built on a permanent chassis, designed to be used as a permanent dwelling and constructed before June 15, 1976. A commercial coach, recreational vehicle, and motor home shall not be considered a mobile home. (Note: Manufactured homes were formerly called “mobile homes” before the federal government assumed control of the construction standards for the industry by way of the National Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401)).

Mobile Home Park. See “Manufactured or mobile home park.”

“Mobile, manufactured and modular housing sales” means the sale of a new or used mobile, manufactured, or modular housing. Sale of recreational vehicles and motor homes is defined under “Motor vehicle sales.”

“Modular home” means a dwelling unit constructed in a factory in accordance with the International Building Code and bearing the appropriate insignia indicating such compliance, and transported to the building site for final assembly and permanent foundation. This definition includes prefabricated, panelized, and factory-built units.

“Modulation” means a stepping back or projecting forward of sections of the facade of a structure within specified intervals of structure width and depth, as a means of breaking up the apparent bulk of the continuous exterior walls.

“Monopole” means a vertical self-supporting structure consisting of a single vertical pole which is typically round or flat-sided in section. The term “monopole” also includes the attached panel, parabolic or whip antenna or antenna array.

“Monument sign” means a ground-related, freestanding sign which is attached to the ground or to its base on grade by a solid sign structure and which structure extends from the ground or base to the sign face at the same or greater width as the sign face.

“Moorage” means any device or structure used to secure a vessel for temporary anchorage, but which is not attached to the vessels (such as a dock or buoy).

“Motel” means a building or buildings, detached or in connected units or designed as a single structure, the units of which include facilities for sleeping, have their own private toilet facilities, and are designed primarily for the accommodations of transient automobile travelers. Accommodations for trailers are not included. This term includes tourist court, motor lodge, auto court, cabin court, motor inn and similar names. A motel is a short term rental.

“Motor vehicle sales” means a business primarily engaged in the sale of new and used autos, trucks, motorcycles, recreational vehicles, utility trailers, aircraft, snowmobiles, and the like.

“Motor vehicle supply stores” means auto supply stores, tire dealers, and the like. Firms which salvage used parts from inoperable vehicles are defined as “Junkyards” and “Salvage facilities.” Businesses primarily engaged in both selling and installing such automotive parts as mufflers and brakes are defined as “Service stations.”

“Mount” means any mounting device or bracket that is used to attach an antenna or antenna array to a street pole, building, structure or monopole.

“Multiple-business complex” means a group of structures housing at least two separate businesses or agencies, or a single structure containing more than one business with separating walls and at least one outside access for each business which shares a common lot, access and/or parking facility.

Multiple-Family Dwelling. See “Dwelling, multifamily.”

“Multiple-tenant building” means a single structure housing more than one business or agency which does not incorporate a separate outside access for each enterprise, but not including residential apartment buildings.

“Municipal improvement” means any improvement on property owned or controlled by the city, but excluding other public agencies subject to the jurisdiction of city regulations, and excluding also underground utility improvements undertaken by the city.

“Mural sign” means a wall sign which consists exclusively of paint applied to the wall of a building without application of any other material or framing.

“Museum” means a nonprofit, noncommercial establishment operated as a repository or a collection of natural, historic, scientific, or literary curiosities, or objects of interest or works of art. Restaurants and gift shops may be included as part of any museum, so long as the square footage for these activities constitutes not more than 25 percent of the total floor area of the museum building. (Ord. 3172 § 5 (Exh. D), 2017; Ord. 3154 §§ 4(1) (Exh. C), 4(9) (Exh. K), 2016; amended by council motion, 9/2/14; Ord. 3112 § 1 (Exh. A), 2014; Ord. 3038 § 1 (Exh. A), 2010; Ord. 3035 § 3, 2010; Ord. 2983 § 1, 2008; Ord. 2945 §§ 5.3, 5.9, 2007; Ord. 2913 § 3, 2005; Ord. 2898 § 1, 2005; Ord. 2878 § 1(1.2), 2004; Ord. 2867 § 2, 2004; Ord. 2864 § 5(Exh. D § 1), 2004; Ord. 2840 § 2(Exh. E), 2003; Ord. 2782 § 4, 2001; Ord. 2779 § 2, 2001; Ord. 2716 § 4.5, 1999; Ord. 2700 § 5, 1999; Ord. 2571 § 2, 1997).

17.08.050 N through Q.

“National Register of Historic Places” means a list of properties that have been formally judged to have historic significance and which have been accepted by the keeper of the National Register.

“Night club” means an establishment that has a capacity for at least 30 persons seated at tables and the bar employs a bartender and maintains table service, dancing, and/or live entertainment for the guests. For purposes of this title, night clubs shall be classified as drinking establishments.

“Nonconforming building use” means the use of a building which was a lawful use on April 7, 1997, but which use, because of the passage of this title, does not conform to the regulations of the district in which the use exists.

“Nonconforming sign” means any sign in existence within the city on the date of adoption of the ordinance codified in this chapter, or located in an area annexed to the city thereafter which does not conform with the provisions of this chapter, but which did conform to all applicable laws in effect on the date the sign was originally erected; provided, however, that any such sign which is within 120 percent of the area and height dimensional limitations set forth in this chapter and otherwise fully conforms with this chapter shall be deemed a conforming sign.

“Nonconforming structure or building” means a structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to this PTMC Title 17, but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of this title.

“Nonconforming use” means a use which lawfully occupied a building or land on April 7, 1997, and which does not conform with the use regulations of the district in which it is located.

“Nude” means the appearance of less than complete and opaque covering of the human anus, human male genitals, human female genitals, or the areola or nipple of the human female breast. The opaque covering shall be made of material or fabric but shall not include any liquid substance, including mud, water, lotion, whipping cream, or other similar substances that are easily broken down or removed and do not offer the covering intended for an opaque covering.

“Nursery, plant” means an enterprise, establishment, or portion thereof that conducts the retailing or wholesaling of plants grown on the site, as well as accessory items (but not farm implements) directly related to their care and maintenance. The accessory items normally sold include items such as clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes, and shovels.

“Nursing, rest, or convalescent home” means an establishment which provides full- time care for seven or more chronically ill or infirm persons. Alzheimer units are included in this category. Such care shall not include scheduled surgical, obstetrical or acute illness services. See also “Adult family home” and “Congregate care or assisted living facilities.”

“Object” means a material thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.

“Objective” means the goal or desired end result of a specific design standard or set of design standards. Where some flexibility is possible to achieve desired objectives the terms “should,” “may,” “encouraged,” or “discouraged” are used.

“Office” means a building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.

“Office, business and professional” means the offices of real estate agencies, mortgage brokers, advertising agencies, credit agencies, mailing services and postal substations, employment agencies, insurance agencies, membership organizations except fraternal organizations, accountants, attorneys, security brokers, financial advisors, architects, engineers, surveyors, tax preparation services, computer software development, and other similar business services. This may also include the administrative offices for businesses whose primary activity may be construction, manufacturing, utility services, or some other nonoffice use conducted elsewhere.

“Office, government” means the legislative, administrative, service delivery, or judicial offices of local, state, or federal agencies. It also includes federal post offices where mail processing takes place for local delivery. It does not include government land uses such as maintenance facilities for government-owned trucks, busses, or heavy equipment which are a light manufacturing use.

“Office, medical” means an establishment primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists, chiropractors, optometrists and other health practitioners providing out-patient care facilities, medical and dental laboratories, blood banks, and oxygen and miscellaneous types of medical supplies and services.

“Office park” means a tract of land that has been planned, developed, and operated as an integrated facility for at least three separate office buildings and supporting ancillary uses, with special attention given to circulation, parking, aesthetics, and compatibility.

“Office/studio, detached” means an office, business, or artistic space contained in an accessory building and accessory to a permitted single-family dwelling located on the same lot for the sole use of members of the family or persons employed on the premises consistent with home occupation provisions.

“Office supplies and equipment stores” means stores selling office products such as stationery, legal forms, writing implements, typewriters, computers, copiers, office furniture, and the like.

“Off-premises sign” means a sign relating, through its message and content, to an activity, use, product, or service which is not available on the premises on which the sign is erected.

“Off-site hazardous waste facility” means a hazardous waste facility that treats and stores waste from generators on properties other than those on which the off-site hazardous waste facility is located.

“Off-street parking” means parking facilities for motor vehicles on other than a public street or alley.

“On-site hazardous waste facility” means a hazardous waste facility that treats and stores wastes generated on the same geographically contiguous or border property.

“Open space” means land or water area with its surface open to the sky or predominantly undeveloped, which is set aside to serve the purposes of providing park and recreation opportunities, conserving valuable resources, and structuring urban development and form. “Open space” is often further divided into the following categories:

1. “Common open space” means space that may be used by all occupants of a residential complex (note: parking areas, yard setbacks, spaces between buildings of 10 feet or less in width, private open space, and driveways do not qualify as common open space).

2. “Landscaped open space” means an outdoor area including natural or planted veg-

etation in the form of hardy trees, shrubs, grass, evergreen ground cover, and/or flowers.

3. “Private open space” means usable outdoor space directly accessible to a unit, with use restricted to the occupants of that unit.

4. “Usable open space” is an outdoor area which is of appropriate size, shape and siting to provide for recreational activity. Usable open space may be occupied by sculpture, fountains or pools, benches or other outdoor furnishings, or by recreational facilities such as playground equipment, swimming pools, and game courts.

“Open space, urban” means any outdoor space unobstructed to the sky that is bounded on two or more sides by the walls of a building that is on the same lot. Examples of urban open spaces include: through block corridors; courtyards; plazas; roof decks; and balconies.

“Ordinary repair and maintenance” means work for which a permit issued by the city is not required by the city and the purpose and effect of which is to correct any deterioration or decay of or damage to the real property or structure or appurtenances thereon and to restore the same, as nearly as may be practicable, to the condition prior to the occurrence of such deterioration, decay, or damage.

“Other adult entertainment facility” means any commercial establishment not defined herein where adult entertainment or sexually oriented materials are regularly conducted, displayed, or available in any form, for any type of consideration; provided, however, that a public library, and a school, university, or similar educational or scientific facility shall not be considered an adult entertainment facility. In addition, a commercial establishment that offers access to telecommunications networks as its principal business purpose shall not be considered an adult entertainment facility unless the access it provides is for the primary purpose of displaying or presenting visual images that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

“Outdoor advertising display” means any card, cloth, paper, metal painted signs, wooden, plaster, stone or other sign of any kind or character whatsoever placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building, structure or thing whatsoever. The term “placed” as used in the definitions of “outdoor advertising sign” and “outdoor advertising structure” includes erecting, construction, posting, painting, printing, tacking, mailing, gluing, sticking, carving or otherwise fastening, affixing and making visible in any manner whatsoever.

“Outdoor sale” means the selling of any goods, material, merchandise, or vehicles for more than 24 consecutive hours, in an area open to the sky and/or visible from adjacent properties or rights-of-way. The display of said goods, material, merchandise, or vehicle shall, for the purpose of this title, constitute a sale.

“Outdoor storage” means the keeping of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 consecutive hours.

“Overlay zone” means a zoning district that encompasses one or more underlying zones and that imposes additional requirements beyond that required by the underlying zone.

“Owner/operator residence” means a single-family residence incidental to the commercial use of property, occupied exclusively by the owner or operator and family of the commercial use.

Parcel. See “Lot.”

“Parcel, parent” means those lots, parcels or tracts of land existing at the time of application for development from which all subsequent lots, parcels or tracts are created.

“Park, public” means an area that may be improved for the purpose of providing public access in a manner consistent with the preservation of its recreational, educational, cultural, historical, or aesthetic qualities.

“Parking space” means a space within or without a building, exclusive of driveways, used to temporarily park a motor vehicle and having access to a public street or alley.

“Pedestrian-oriented business” means a commercial enterprise whose customers commonly arrive at a business on foot, or whose signage, advertising, window display and entry ways are oriented toward pedestrian traffic. Pedestrian-oriented business may include restaurants, retail shops, personal service businesses, travel services, banks, (except drive-through windows), and similar establishments.

“Permanent supportive housing” means subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident’s health status, and connect the resident of the housing with community-based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in the Residential Landlord-Tenant Act, Chapter 59.18 RCW.

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

“Personal service” means establishments primarily engaged in providing services involving the care of a person.

“Personal wireless service” means any of the technologies as defined by Section 704(a)(7)(c)(I) of the Telecommunications Act, including cellular, personal communication services (PCS), enhanced specialized mobile radio (ESMR), specialized mobile radio (SMR), paging and unlicensed wireless services.

“Personal wireless service facility or facilities” means any unstaffed facility for the transmission and/or reception of personal wireless services. This can consist of an equipment shelter or cabinet, a support structure or existing structure used to achieve the necessary elevation, and the antenna or antenna array.

“Pharmacies and medical supply stores” means businesses primarily engaged in the sale of prescription and over-the-counter drugs, plus perhaps vitamins, first-aid supplies, and other health-related products. It also includes firms primarily engaged in the sale of medical equipment such as orthopedic or prosthetic devices, or equipment for home health testing. Pharmacies which also sell a wide variety of other types of merchandise, such as beauty products, camera equipment, small consumer electronics, gift ware, food items, greeting cards, toys, housewares, and/or cleaning supplies are commonly known as drug stores, and are defined as “General merchandise stores.”

“Place” means an open unoccupied named space, other than a street or alley, at least 25 feet in width, permanently reserved and so recorded in the county records as the principal means of access to abutting or adjacent property.

“Planned unit development” or “PUD” means a special overlay zoning designation subject to discretionary approval under Chapter 17.32 PTMC. As regulated under Chapter 17.32 PTMC, PUDs are residential developments that are planned and/or developed in several stages consistent with a unified site design, and may consist of clusters of multi-unit structures interspersed with areas of common open space. In appropriate circumstances, the PUD overlay allows an applicant to take advantage of flexible zoning standards, modification of requirements of the city’s engineering design standards, and bonus densities. Once approved, prescriptive regulations relating to bulk, dimension and infrastructure may be varied to allow design innovations and special features in exchange for additional and/or superior site amenities or community benefits.

Plant Nursery. See “Nursery, plant.”

“Pole sign” means any freestanding sign composed of a sign cabinet, backboard, frame or base and the sign pole, or pylon by which it connects to the ground.

“Political sign” means any sign which serves to influence, is intended to influence, or appears to be of the type which is commonly erected to influence an election or ballot proposition.

“Portable sign” means any movable sign, such as a sandwich board sign, which is capable of being moved easily and is not permanently affixed to the ground or a structure or building.

“Preferred locations,” as used in Chapter 17.78 PTMC, Personal Wireless Service Facilities, means those locations listed in PTMC 17.78.080 that have been found to be the most desirable for the location of personal wireless service facilities because of the existing development in the area or on the site, the types of buildings already existing at the site, the existence of similar or compatible facilities at the particular site, the commercial or industrial nature of the area, the zoning designation of the area, and/or the technical suitability of the particular location. The co-location of personal wireless service facilities is included as a preferred location.

“Preliminary PUD” means the final action of the city granting approval for a PUD, subject to applicable conditions that must be fully satisfied prior to final PUD approval.

Premises. Generally throughout this title, “premises” indicates the building where the principal use is located and the adjoining grounds over which the operator of the facility has direct control. For the specific purposes of Chapter 17.76 PTMC, “premises” means the real property on which the business or other entity advertised by the sign or signs mentioned in that chapter is situated.

“Preschool, in-home” means a teacher-instructed, curriculum-based educational program of under four hours’ daily duration serving 12 or fewer children at a time. Preschools are for children 24 months through six years of age not attending kindergarten or elementary school. In-home preschools are accessory to a residential use. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. In-home preschools serving children 30 months of age or older have no state licensing procedure.

“Preschool, stand alone” means a teacher-instructed, curriculum-based educational program of under four hours’ daily duration for children 24 months through six years of age not attending kindergarten or elementary school. Stand alone preschools are not accessory to a residential use. Preschools serving children 30 months of age or older have no state licensing procedure.

“Primary use” means the principal or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory.

Principal Building. See “Building, principal.”

Principal Use. See “Use, principal.”

“Printing, commercial” includes shops specializing in printing small jobs for business clients or the general public, such as photocopying, offset printing, or screen printing of documents, announcements, business cards, or the like. This also may include blueprinting, computer plotting, and similar business services. These shops may engage in typesetting, photoengraving, plate-making, and other printing functions incidental to their primary activity; however, if they are primarily engaged in these functions as a service to other printing businesses, they are classified under “Printing, noncommercial.”

“Printing, noncommercial” means businesses which print books, magazines, newspapers, or other periodicals for others. It also includes printers of maps, posters, and the like; makers of business forms, looseleaf binders, and the like; and service industries for the printing trade, such as engraving, typesetting, photoengraving, electrotyping and stereotyping, lithographic plate-making, and related services.

“Private” means noncommercial use by the occupant and guests of the occupant.

“Private clubs” means organizations that are privately owned and operated by their members and not operated for profit, and which maintain recreational, dining, and/or athletic facilities for the exclusive use of the members and their guests and uses accessory or incidental thereto.

“Professional office” means the office of a person engaged in any occupation, vocation, or calling, not purely commercial, mechanical, or agricultural, in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an art founded thereon.

“Professional service” means the conduct of business in any of the following related categories: advertising, architecture, landscape architecture, engineering, planning, law, medicine, music, art, interior design, dentistry, accounting, insurance, real estate, finance and securities investments, and any similar type business.

“Prohibited use” means a use that is not permitted in a zoning or land use district.

“Projecting sign” means a sign which is attached to and projects from a structure, wall or building face further than six inches.

“Public building” means any building held, used, or controlled exclusively for public purposes by any department or branch of government without reference to the ownership of the building or of the realty upon which it is situated.

“Public facility” means any use of publicly owned land for transportation, utilities, or communication, or for the benefit of the general public, including streets, schools, libraries, fire and police stations, municipal and county buildings, recreational centers, and parks.

“Public use” means the use of any land, water, or building by a public agency for the general public, or by the public itself.

“Public utility” means a public service corporation performing some public service and subject to special governmental regulations, or a governmental agency performing similar public services, the services by either of which are paid for directly by the recipients thereof. Such services shall include, but are not limited to, water supply, electric power, gas and transportation for persons and freight, telephone companies, and cable television.

“Publishing” means businesses which publish and print on their premises books, magazines, newspapers, or other periodicals. If such establishments do not perform printing on their premises, they are defined as “Office, business and professional.”

“Qualifying patient,” for purposes of the city’s medical marijuana regulations, means a person who:

1. Is a patient of a health care professional;

2. Has been diagnosed by that health care professional as having a terminal or debilitating medical condition;

3. Is a resident of the state of Washington at the time of such diagnosis;

4. Has been advised by that health care professional about the risks and benefits of the medical use of marijuana; and

5. Has been advised by that health care professional that they may benefit from the medical use of marijuana.

“Quarrying and associated activities” means operations that primarily involve surface mining or quarrying of nonmetallic minerals such as dimension stone, crushed and broken stone, including riprap, and sand and gravel pits. Primary preparation plants of quarried material for construction and other special uses are also included in this definition. (Ord. 3335 § 2 (Exh. C.C), 2024; Ord. 3306 § 1 (Exh. B), 2023; Ord. 3154 § 4(1) (Exh. C), 2016; Ord. 3112 § 1 (Exh. A), 2014; Ord. 2977 § 1, 2008; Ord. 2916 § 2, 2006; Ord. 2840 § 2(Exh. E), 2003; Ord. 2792 § 1, 2001; Ord. 2782 § 4, 2001; Ord. 2700 § 6, 1999; Ord. 2571 § 2, 1997).

17.08.060 R through V.

“Radio and television studio” means an establishment engaged in transmitting oral and visual programs, and which consists of a studio, transmitter, and antennas.

“Radio and television tower” means a vertical structure that is intended to send or receive radio and television communications.

“Radio frequency emission limits” means the limit on field strength or power density at a specified distance from a radiator that always applies, as opposed to an “RF exposure limit,” which applies anywhere people may be located. The FCC guidelines specify exposure limits not emission limits, which is why accessibility is key to determining compliance. As regulated by FCC guidelines, exposure occurs whenever a person is subjected to electric, magnetic or electromagnetic fields other than those originating from physiological processes in the body and other natural phenomena. The FCC guidelines incorporate limits for Maximum Permissible Exposure (MPE) in terms of electric and magnetic field strength and power density for transmitters operating at frequencies between 300 kHz and 100 GHz. MPE refers to the root mean square (rms) and peak electric and magnetic field strength, their squares, or the plane-wave equivalent power densities associated with these fields to which

a person may be exposed without harmful effect and with an acceptable safety factor. The MPE limits indicate levels above which people may not be safely exposed regardless of the location where those levels occur. When accessibility to an area with excessive levels is appropriately restricted, the facility or operation can certify that it complies with the FCC requirements. The FCC exposure limits apply to occupational/controlled exposure and to general population/uncontrolled exposure.

“Rapid charging station” means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with the rules adopted by the building code council for electric vehicle infrastructure requirements.

“Readerboard” means that portion of a sign on which copy may be easily changed by manual/mechanical means or by lighting effects without reworking, repainting, or otherwise altering the physical composition of the sign.

“Real estate sign” means a portable or freestanding sign erected by the owner, or his/her agent, advertising the real estate upon which the sign is located for rent, lease or sale.

“Recreation areas” means any privately or publicly owned passive or active park, playground, sports field, access easement, beach, or other recreation area.

“Recreation, commercial” means a facility operated as a business which is designed and equipped for leisure-time activities such as theaters, bowling alleys, museums, aquariums, public and private recreational concessions, miniature golf, archery ranges, and amusement activities such as coin or token-operated machines, rides, or booths to conduct games. See also “Health club,” “Golf course,” “Country club,” and “Stables, riding.”

“Recreation facilities” means facilities, such as boat or yacht clubs, swimming pools, carousels, athletic clubs, golf and country clubs, for the use of the general public and operated by either a municipal corporation or a not for profit organization on land under the ownership and control of a municipal corporation.

“Recreational vehicle” means a vehicular-type unit primarily designed for recreational, camping, or travel use that has either its own motive power or is mounted on or drawn by another vehicle. The basic types of recreational vehicles include, but are not limited to, travel trailers, truck campers, motor homes, boats, all terrain vehicles (ATVs), motorcycles and jet skis.

“Recreational vehicle park, public” means any parcel or adjacent parcels of land in public ownership designed and improved to accommodate the temporary parking of two or more recreational vehicles. The term shall include public campgrounds when designed to accommodate recreational vehicles, but does not include land zoned and used for the display or sale of recreational vehicles. For the purpose of this definition, “temporary parking” means placement of a recreational vehicle on a single site for 180 days or less in any 12-month period. See “Campground, public.”

“Recycling facility” means a facility for the collection and/or sorting and storage of recyclable materials generated from domestic or small business sources, such as bottles, cans, paper, cardboard, aluminum, and plastics. This definition does not include facilities for the processing of recyclable materials, which are classified as a manufacturing use. Recycling facilities are further divided into two categories:

1. “Major recycling facilities” include facilities primarily dedicated to the collection, sorting, or purchase and resale of recyclable materials.

2. “Minor recycling facilities” include bins or other temporary or permanent facilities for the collection of small quantities of recyclable materials to be sorted and/or processed elsewhere. A minor facility may be accessory to a primary use, such as a recycling bin at a grocery store parking lot.

“Regional retail establishment” means a large scale retail establishment planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access. A regional retailer may accommodate a wide range of retail commodities (e.g., apparel and accessories, food and sundries, consumer electronics, hardware, building materials, sporting goods and automotive supplies), occupies between 10 and 25 acres of land, and typically contains more than 100,000 square feet of gross floor area. It draws its clientele from as much as a 30-minute drive away.

Residence. See “Dwelling unit.”

“Residential treatment facility” means a facility that provides both a residence (for varying periods of time) and a care component. Among such facilities are emergency shelters (including shelters for victims of domestic violence/sexual assault), recovery homes and orphanages. Such facilities do not include halfway houses. In such a facility, services, equipment, and safety features necessary for the proper care of residents are normally provided. Such services may include:

1. Supervision and assistance in dressing, bathing, and in the maintenance of good personal hygiene;

2. Legal advocacy and other supportive services for individuals who have fled abusive relationships or have been sexually victimized;

3. Supervision in the taking of medication; and

4. Other services conducive to the residents’ welfare.

“Residential use” means use of land or structure thereon, or portion thereof, as a dwelling place for one or more families or households, but not including occupancy of a transient nature such as in hotels, motels, or time-sharing condominium uses.

Rest Home. See “Nursing, rest or convalescent home.”

“Restaurant” means an establishment (excluding drive-in and take-out/fast food restaurants) where food and drink are prepared, served and consumed primarily within the principal building.

Restaurant, Drive-In. See “Restaurant, take-out/fast food.”

“Restaurant, take-out/fast food” means an establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the restaurant, and where ordering and pickup of food may take place from an automobile.

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

“Retail sales” means establishments primarily engaged in selling goods or merchandise to the general public for personal, business, or household consumption and rendering services incidental to the sale of such goods. Some characteristics of retail sales establishments are:

1. The establishment is usually a place of business and is engaged in activity to attract the general public to buy;

2. The establishment buys and receives as well as sells merchandise;

3. It may process, repair, or manufacture some of the products, such as jewelry, baked goods, apparel, pottery, or consumer electronics, where such processing, repair, or manufacturing is incidental or subordinate to sale activities; and

4. Retail establishments sell to consumers for their own personal or household use. See also definitions of specific retail land uses.

“Retail sales area” means the area in square feet devoted exclusively for the sale or display of goods or commodities.

“Retail trade” means establishments primarily engaged in providing finished products to individual consumers. Retail trade establishments may include, but are not limited to, apparel, books, groceries, camera shops, convenience stores and automobile service stations.

“Revolving sign” means a sign which rotates or turns in a circular pattern.

“Roof sign” means a sign erected upon or above a roof of a building or structure.

“Rummage or other outdoor sale” means informal sales sponsored and organized by nonprofit organizations, such as churches, schools, and community centers. They are recurrent neighborhood social events, held for a few days once or twice a year. Profits are charitable funds received by the sponsoring organization. Persons working at the sale are unpaid volunteers who are members of the organization. See also “Yard or garage sale.”

“Safe parking” means programs that allow people living in vehicles to park in off-street parking lots. Safe parking in Port Townsend shall be provided by religious organizations as defined by and in accordance with RCW 35A.21.360, or by a nonprofit entity other than a religious organization. Safe parking may also be on a site owned or controlled by a sponsor with services supervised by a managing agency.

Sandwich Board Sign. See “Portable sign.”

Sanitarium. See “Hospital.”

Satellite Dish, Commercial. Reserved.

“Satellite dish, noncommercial” means a circular or parabolic (dish-shaped) antenna of solid or mesh construction, designed and erected for the purpose of receiving telecommunication signals. Noncommercial satellite dishes shall not exceed 10 feet in diameter. Satellite dishes are subject to the setback requirements for the zoning district in which they are located.

“School” means a place for systematic instruction in any branch or branches of knowledge, including elementary and junior and senior high schools, whether public, private, or parochial.

“School, commercial” means a building where instruction is given to pupils in arts, crafts or trades, and operated as a commercial enterprise as distinguished from schools endowed and/or supported by taxation.

“Schools, higher education” means a college, junior college or university supported by public or private funds, tuitions, contributions or endowments, giving advanced academic instruction as approved by the State Board of Education or by recognized accrediting agency, excluding preschool, elementary and junior and senior high schools, and trade and commercial schools; including fraternity and sorority houses.

“Secondary locations,” as used in Chapter 17.78 PTMC, Personal Wireless Service Facilities, means those locations listed in PTMC 17.78.090 that have been found to be appropriate for the location of personal wireless service facilities because of the existing development in the area or on the site, the types of buildings already existing at the site, the existence of similar or compatible facilities at the particular site, the commercial or industrial nature of the area, the zoning designation of the area, and/or the technical suitability of the particular location.

“Secondary use (incidental or accessory)” means a minor or second use for which a lot, structure or building is designed or employed in conjunction with but subordinate to its primary use.

Self-Service Laundry. See “Laundromat.”

“Semi-nude” means a state of dress in which the clothing completely and opaquely covers no more than the genitals, pubic region, and areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

“Semi-private facility” means any facility to which a class or a group of the public is permitted to attend or use subject to the regulations of a club or other organization owning or regulating such facility.

“Service and repair shop” means an establishment providing major repair and/or maintenance of motor vehicles, equipment or major appliances, including, but not limited to: mechanical repair; replacement of parts; body repair; painting; engine overhaul; or other major repair or maintenance, including operations which may require open flame or welding.

Service, Personal. See “Personal service.”

“Service station, automotive and marine” means a building or structure designed or used for the retail sale or supply of fuels (stored only as prescribed by existing legal regulations), lubricants, air, water, and other operating commodities for motor vehicles or boats. The cross-section areas of service station canopy supports where they meet the ground shall be measured as coverage for the purposes of determining maximum lot coverage, and also shall be used for measurement of setback requirements. Automobile service stations may include the following: customary space and facilities for the installation of such commodities on or in such vehicles; space for facilities for the storage, minor repair, or servicing of such vehicles, and space for car washing. Automobile service stations may not include painting operations.

“Servicing of personal apparel and equipment” means a business primarily engaged in the upkeep of personal or small household belongings. Such businesses include, but are not limited to: tailors; locksmiths; piano tuners; or businesses which repair shoes, cameras, small appliances, or consumer electronics.

“Setback (yard requirements)” means the distance between a building and its lot lines. Setbacks shall be measured, where applicable, from building lines to the proposed or actual public or private street right-of-way lines.

“Sexually oriented materials” means any books, magazines, periodicals or other printed materials, or any photographs, films, motion pictures, video cassettes, slides, digital images 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.

“Shall” or “shall not” indicates mandatory compliance with objectives.

Shelter, Emergency. See “Residential treatment facility.”

“Shelter station” means a shelter for the protection from the elements for the waiting customers of a transportation system.

“Shopping center” means a group of architecturally unified commercial establishments built on a site that is planned, developed, owned, and managed as an operating unit related in its location, size and type of shops to the trade area which the unit serves.

“Shopping mall” means a shopping center with stores on one or both sides of a covered and enclosed pedestrian walkway.

“Shoreline master program” means the shoreline management master program for Port Townsend, Washington, adopted February 14, 2007, or as later amended.

“Short term rental” means a building, or any part thereof, used for lodging for periods of no more than 29 consecutive calendar days. A consecutive period of occupancy is not terminated if the same person is absent for a period of less than 30 consecutive days followed by reoccupancy at the same property. Portions of calendar days shall be counted as full days.¹

“Should,” “may,” “encouraged,” or “discouraged” are used where some flexibility is possible in the means used to achieve desired objectives.

“Sign” means any object, structure or portion thereof, other than a flag or government symbol, which contains advertising and which is visible from any right-of-way open to the public.

“Sign area” means the entire area of a sign on which the copy is to be placed including both sides of a double-faced sign. Sign areas shall be calculated by measuring the area of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the advertising copy, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supportive framework, bracing, architectural embellishments or decorative features or fences or walls which contain no written copy or other advertising and when any such fences or walls otherwise meet the requirements of this title and are clearly incidental to the display itself.

“Sign face” means any surface of a sign upon which there is lettering or other advertising.

“Sign height” means the vertical distance from grade to the highest point of a sign or any projection thereof.

“Sign structure” means any structure which supports or is capable of supporting any sign as defined in this chapter. A sign structure may be a pole or poles, or may be an integral part of a building. Structures which perform a separate use, such as a telephone booth, bus shelter, recycling or used goods container, etc., shall not be considered a sign structure.

Single-Family Dwelling. See “Dwelling, single-family attached” and “Dwelling, single-family detached.”

“Small animal husbandry (commercial)” means the raising of mink, fox, nutria, rabbits,

pigs, sheep, goats, chickens, turkeys, guinea hens and similar small animals and fowl not for the primary consumption of or used by the occupants of the premises.

“Small animal husbandry (noncommercial)” means the raising of small animals for the primary consumption of or used by the occupants of the premises.

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

“Solid waste facility” means any land or structure where solid waste is stored, collected, transported, or processed in any form, whether loose, baled or containerized, including but not limited to transfer stations, landfills or solid waste loading facilities. “Solid waste facilities” do not include:

1. Handling or disposal of solid waste as an incidental part of an otherwise permitted use; and

2. Solid waste recycling and reclamation activities not conducted on the same site as and accessory to the handling and disposal of garbage and refuse.

Sorority. See “Fraternity, sorority or student cooperative.”

“Specialty stores” means stores selling antiques, sporting goods and bicycles, marine supplies, glassware and chinaware, books, videos (including rentals), music, cards and stationery, jewelry, toys, hobby supplies, cameras, gifts and souvenirs, sewing supplies, flowers, tobacco products, religious supplies, consumer electronics, personal computers, or other miscellaneous goods. It also includes secondhand stores and pawn shops.

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

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

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

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

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

2. Sex acts, normal or perverted, actual or simulated, including but not limited to intercourse, oral copulation, or sodomy; or

3. Masturbation, actual or simulated; or

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

5. Violent or destructive sexual behavior, including but not limited to actual or simulated human or animal mutilation, bestiality, dismemberment, rape or torture.

“Sponsor” as used in Chapter 17.60 PTMC, means:

1. A government entity (e.g., city or housing authority);

2. A religious organization that is recognized by the Internal Revenue Service as exempt from federal income taxes as a religious organization, and that expresses its religious mission, in part, by organizing living accommodations for the homeless; or

3. Nonprofit organization.

“Stables, private” means an accessory structure providing shelter for horses, ponies, etc.

“Stables, riding” means an establishment where horses are kept for riding, driving or stabling for compensation or as an accessory use in the operation of a club, association, ranch or similar establishment.

“Stadium, arena and assembly hall” means a large open or closed place used for games and major events and partly or completely surrounded by tiers of seats for spectators.

“Stock in trade” means purchased finished goods for resale, not including samples.

“Storage, outside” means the safekeeping of any goods or products in an unoccupied space, open to the sky, for eventual removal not expected within 72 hours or for continuous replacement by same or similar goods or products. See also “Outdoor storage.”

“Story” means that part of a building lying between two floors or between the floor and ceiling of the highest usable level in the building.

“Streamer” means an attention-attracting device consisting of two or more pennants, banners, balloons, ribbons, reflectors, fringes or similar objects strung together on a common line, pole, or sign structure, or attached to one or more products offered for sale.

“Street” means a public or private way open to the general public, which affords the principal means of access to abutting properties. The term includes all classes of roadways (including major internal circulation corridors within parking lots) excepting alleys and driveways.

“Street frontage” means a side of a building which contains an entrance open for public use and which side also faces an abutting street.

“Street frontage, primary” means the length of the street frontage on which the main entry is located; provided, that in the event the main entry is located on a corner of the building or on a side other than a side which abuts a more heavily traveled street, primary street frontage shall be determined as if the main entry were on the side which abuts the more heavily traveled street.

“Street pole” means a telephone, electric, cable television, purpose built pole, or light fixture support pole located in a street, whether such pole is owned or leased by the city or is owned or leased by a private utility company.

“Street, secondary” means, for purposes of commercial or multifamily design review, where a property fronts on two or more streets, the “secondary street” is the street with the second highest traffic classification.

“Structural alterations” means any change in load or stress of the loaded or stressed members of a building or structure.

“Structure” means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential fences less than six feet in height, common roof-top residential television antennas, retaining walls less than four feet in height, rockeries and similar improvements of a minor character less than three feet in height.

“Structure, historic” means any structures individually listed on the National Register of Historic Places, or identified as pivotal, primary, or secondary on the map which accompanied the certification of the Port Townsend National Register Historic District on May 17, 1976.

“Structure, nonhistoric” means any structure not identified as an “historic structure” pursuant to this section.

“Subdivision, unit lot” is a subdivision process by which boundary lines and use areas are defined within a larger “parent” lot to establish individual sellable lots, allowing for the creation of fee simple lots for townhome and cottage housing developments.

“Substantial alteration” means any alteration where the total cost of all alterations including but not limited to electrical, mechanical, plumbing and structural changes for a building within any 12-month period amounts to 60 percent or more of the appraised value of the building (not including all improvements such as parking lot, landscaping, etc.). The appraised value may consist of the tax assessor’s improvement valuation or of a private appraisal of fair market value.

“Substantial impact facility” means any of the following uses, structures, or facilities:

1. Electrical generation facilities;

2. Electrical substations;

3. State educational facilities;

4. State or regional transportation facilities;

5. Solid waste facilities;

6. Airports;

7. State and local correctional facilities;

8. In-patient treatment facilities and group homes; and

9. Public stadiums, arenas and assembly halls.

“Support structure,” as used in Chapter 17.78 PTMC, Personal Wireless Service Facilities, means a monopole.

“Swap meet” means any outdoor place, location, or activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of individual licensed vendors, usually in compartmentalized spaces; and where a fee may be charged to prospective buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise. “Swap meet” is interchangeable with and applicable to: flea markets, auctions, open air markets, farmers markets, or other similarly named or labeled activities; but the term does not include the usual supermarket or department store retail operations.

“Symbol sign” means a projecting sign consisting exclusively of a symbol, picture or object which represents the specific products or services available on the premises, and which sign does not include any lettering, numerals or registered trademarks.

“Tattoo parlor” means any enterprise that provides the services to create an indelible mark or figure fixed upon the surface of the body by the insertion of pigment under the skin.

“Tavern” means a building where beer and/or wine is served to the public, which holds a Class “A” or “B” license from the Washington State Liquor and Cannabis Board.

“Telephone exchange” means a facility containing a central system that establishes connections between individual telephones.

“Temporary building or structure” means a building or structure not having or requiring permanent attachment to the ground or to other structures.

“Temporary personal wireless service facility” means a nonpermanent personal wireless facility installed on a short-term basis for the purpose of evaluating the technical feasibility of a particular location for placement of a personal wireless facility or for providing emergency communications during a natural disaster or other emergencies which may threaten the public health, safety and welfare. Examples include, but are not limited to, placement of an antenna upon a fully extended bucket truck, crane, or other device capable of reaching the height necessary to evaluate the site for placement of a personal wireless facility.

“Temporary sign” means any sign or advertising display constructed of cloth, canvas, light fabric, paper, cardboard, or other light materials, without frames, which is displayed for a limited time only. Residential yard signs and signs painted on window surfaces which are readily removed by washing shall also be considered temporary signs.

Temporary Use. See “Use, temporary.”

“Theater” means a building or part of a building devoted to showing motion pictures, or for dramatic, musical, or live performances.

“Timeshare” means a form of ownership or right to the use of a property, or term used to describe such properties wherein multiple parties hold rights to use the property and each sharer is allotted a period of time in which they may use the property. Timeshares may be on a part-ownership of lease/“right to use” basis, in which the sharer holds no claim to ownership of the property.

“Tiny house” means a dwelling no larger than 400 square feet, not including lofts, to be used as permanent housing with provisions for living, sleeping, eating, cooking, and sanitation, built in accordance with the Washington State Building Code and affixed to a permanent foundation.

“Tiny house on wheels community” means real property for the placement of tiny houses on wheels utilizing the binding site plan process in RCW 58.17.035.

“Tiny house on wheels (THOW)” or “moveable tiny house” means a dwelling no larger than 400 square feet, not including lofts, on a wheel chassis to be used as permanent housing with provisions for living, sleeping, eating, cooking, and sanitation built in accordance with ANSI 119.5.

“Tiny shelter” means a small structure expressly built to shelter people or families who are unhoused. Tiny shelters are typically 200 square feet or smaller, easily constructed, and easily moved between different locations. Tiny shelters must be located in a tiny shelter village or an emergency outdoor shelter managed by a sponsor or managing agency with services. Tiny shelter facilities may include communal structures, including, but not limited to, bathrooms, showers, and kitchens, subject to Washington State Labor and Industries and Washington State Building Code requirements and permitted by the city of Port Townsend as specified in Chapter 17.62 PTMC.

“Tiny shelter village” means a housing facility for people who are unhoused, which is comprised of purpose-built tiny shelters, as approved by the PCD director, and located on a site permitted by the department of planning and community development. For the purposes of Chapter 16.06 PTMC, tiny shelters are not dwelling units. Tiny shelter villages must be located on a site owned or controlled by a sponsor with services supervised by a managing agency.

“Tourist home” means a building which provides the primary residence for the owners and which offers not more than two guestrooms, which share a common entry to the building, that are rented to transient guests. A tourist home is a short term rental.

“Tower” means any structure whose principal function is to support an antenna, or has been built to store water or to provide air traffic control services. As used in Chapter 17.30 PTMC, Historic Preservation Code, “tower” means a building or structure typically higher than its diameter and higher than its surroundings that may stand apart (e.g., a campanile) or be attached (e.g., a church belfry) to a larger structure.

“Townhouse” or “rowhouse” means multiple single-family dwelling units in a row comprising a single building in which each dwelling unit has its own front and rear access to the outside, no dwelling unit is located over another unit, and each dwelling unit is separated from any other dwelling unit by one or more vertical common fire resistant walls. For purposes of this title, townhouses or rowhouses of five or more residential units are considered multifamily dwellings for the purpose of design review requirements. See also “Duplex,” “Triplex,” “Fourplex,” “Dwelling, single-family attached,” and “Dwelling, multifamily.”

“Trailer sign” means a sign used for advertising purposes mounted on a vehicle normally licensed by the state as a trailer.

Transient Accommodations. See “Short-term rental.”

“Transitional housing facility” means structure(s) that provides housing and supportive services to people or families who are unhoused for up to two years and that has as its primary purpose facilitating the movement of persons and families who are unhoused into independent living and permanent housing.

“Travel trailer” means temporary living quarters capable of being pulled by a towing vehicle.

“Trellis” means a structure of thin strips, especially of wood, crossing one another in an open pattern of squares, diamonds, etc., on which vines or other creeping plants are trained.

“Triplex” means a single building containing three attached dwelling units, either side by side or above one another, separated by fire-resistive common wall or common floor/ceiling assemblies. Over and under triplexes shall have common floor-ceilings between dwelling units. For purposes of this title, triplexes are considered single-family dwellings within R-I and R-II districts; provided, that the base density requirements of the district are not exceeded. See also “Duplex” and “Fourplex.”

“Truck, trailer, and recreational vehicle rental” means businesses primarily engaged in short-term rental or extended-term leasing of trucks, truck-tractors, semi-trailers, moving vans, utility trailers, recreational vehicles, and the like. Finance (equity of full-payout) leasing of trucks, trailers, and recreational vehicles is classified with “motor vehicle sales.”

“Urban waterfront plan (UWP)” means the Port Townsend Urban Waterfront Plan: Preferred Alternative, dated November 8, 1990, and adopted by Ordinance No. 2216 on December 4, 1990, as revised and published as the “Port Townsend Urban Waterfront Plan” pursuant to Section 5 of Ordinance No. 2216. Urban design guidelines and regulations originating in the waterfront plan were later codified in Chapter 17.30 PTMC, Historic Preservation Code.

In 2007, the city adopted an updated shoreline master program. To improve efficiency, the master program incorporated relevant policies, regulations, and design recommendations from the waterfront plan and the stand-alone waterfront plan was retired. For development within the shorelines jurisdiction, the city shall refer to the shoreline master program to assist in interpreting and determining the intent of the design guidelines established in Chapter 17.30 PTMC.

“Use” means the purpose that land, buildings, or structures now serve or for which they are occupied, maintained, arranged, designed, or intended.

Use, Accessory. See “Accessory use.”

Use, Agricultural. See “Agriculture.”

Use, Commercial. See “Commercial use.”

“Use district” means a portion or portions of Port Townsend designated on official zoning maps as one or more of the categories listed and described in this title.

Use, Nonconforming. See “Nonconforming use.”

“Use, principal” means the main use of land or buildings as distinguished from a subordinate or accessory use.

“Use, temporary” means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Such uses do not involve the construction or alteration of any permanent structure.

“Used car lot” means any place outside a building where two or more automobiles are offered for sale or are displayed.

“Variance” means the means by which an adjustment is made in the application of the specific regulations of this title to a particular piece of property, which property because of special circumstances applicable to it is deprived of privileges commonly enjoyed by other properties in the same zone or vicinity and which adjustment remedies disparity in privileges. A variance is a form of special exception.

“Variance, minor” means a variance which would permit one of the following:

1. Up to five percent below the minimum lot size and/or lot width for infill development;

2. Up to five percent below the minimum lot area for planned unit developments (PTMC 17.32.030);

3. Up to a 20 percent reduction of one setback in the residential zoning districts (PTMC 17.16.030).

“Veterinary hospital or clinic” means a building or premises for the medical or surgical treatment of animals or pets, including dog, cat and veterinary hospitals, including the boarding of hospitalized animals, but excluding the boarding of animals not subjected to medical or surgical treatment.

“Video sales and rental” means commercial establishments engaged in the sale and rental of video equipment, tapes and accessories for home entertainment.

“Viewscape” means scenic views of natural and built areas and features, including but not limited to: tree-covered hillsides, the “feathered edge” along ridge lines surrounding or within the city, views of the built environment which contain significant architectural, historical or public art features, or views of the natural environment such as Puget Sound, mountains, valleys or an area of landscaping, of local or regional aesthetic importance. (Ord. 3335 § 2 (Exh. C.D), 2024; Ord. 3306 § 1 (Exh. C), 2023; Ord. 3172 § 5 (Exh. D), 2017; Ord. 3154 §§ 4(1) (Exh. C), 4(9) (Exh. K), 2016; amended by council motion, 9/2/14; Ord. 3112 § 1 (Exh. A), 2014; Ord. 3035 §§ 2, 3, 2010; Ord. 2983 § 1, 2008; Ord. 2982 § 1, 2008; Ord. 2945 §§ 5.1, 5.9, 2007; Ord. 2939 § 7, 2007; Ord. 2916 § 2, 2006; Ord. 2898 § 6, 2005; Ord. 2840 § 2(Exh. E), 2003; Ord. 2825 § 4, 2003; Ord. 2782 § 4, 2001; Ord. 2700 § 7, 1999; Ord. 2571 § 2, 1997).

17.08.070 W through Z.

Wall. See “Fence.”

“Wall sign” means a sign which is attached parallel to, and within six inches of, a wall, which is supported by and confined within the limits of such wall, and which displays only one sign surface.

“Water park” means a commercial recreational facility that contains a variety of water-oriented activities such as, but not limited to, water slides and swimming pools. Such facilities may be found in association with a larger recreational activity.

“Welding and fabrication” means a business engaged in stamping or shaping pieces of metal which are then connected by heat until molten and fused, in order to manufacture, service, or repair sheet metal products.

“Wholesaling” means the sale of goods or commodities usually in bulk or large quantities and usually at a lower cost to a retailer for resale. Such sales activity takes place in establishments or places of business primarily engaged in selling merchandise to retailers; to manufacturing, commercial, institutional, or professional business users; or to other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

“Window sign” means a sign placed upon the interior or exterior surface of a window, or placed inside the window within three feet of the window, which faces the outside and which is intended to be seen primarily from the exterior.

“Yard” means an open space in front, rear or side on the same lot with a building or proposed building.

“Yard, front” means an open space extending from 30 inches above the general ground level at the front lot line to the building line and including the full width of the lot to its side lines.

“Yard, interior side” means the side yard adjacent to another building site.

“Yard or garage sale” means informal sales held by occupants of private households from their dwelling premises. Items sold are household articles used and accumulated over several years as part of everyday living, and minor and obsolete or worn small business items. Yard sales are held only for a few days, once or twice a year, and are sufficiently informal that they do not require sales tax permits or any type of sales license. See also “Rummage or other outdoor sale.”

“Yard, rear” means an open space extending from 30 inches above the general ground level at the rear lot line to the building line and including the full width of the lot to its side lines.

“Yard, service” means an open area, usually paved, with access to a street or alley, to allow vehicular access to a building or use for purposes of loading or unloading equipment, freight, livestock or people.

“Yard, side” means an open space extending from 30 inches above the general ground level at the front yard to the rear yard and from the building line to the side lot line.

“Zero lot line” means a common lot line on which a shared wall of a structure may be constructed.

“Zone” or “zone district” means a defined area of the city within which the use of land is regulated and certain uses permitted and other uses excluded as set forth in this title.

“Zoo” means a place where nondomesticated animals are kept, often in a combination of indoor and outdoor spaces, and are viewed by the public. (Ord. 3272 § 1 (Exh. B), 2021; Ord. 3154 § 4(1) (Exh. C), 2016; Ord. 2571 § 2, 1997).

Code reviser’s note: “Short term rentals” include but are not limited to hotels, motels, bed and breakfast inns, and tourist homes. Specific regulations related to hotels and motels are found in the use tables in Chapters 17.16 and 17.20 PTMC. Specific regulations related to bed and breakfast inns and tourist homes are also found in the use tables, as well as in Chapter 17.57 PTMC.