Chapter 17.10 DEFINITIONS

As used in this title the masculine includes the feminine and neuter and the singular includes the plural. The words and phrases in this title, unless the context otherwise requires, shall have the meanings as set forth in this chapter. (Ord. 778 § 2 (Exh. A), 2017).

17.10.010 “A” definitions.

“Accessory dwelling unit” shall mean a small separate living unit accompanying the main residence permitted on a lot of minimum size or larger for the purpose of housing guests, friends, and relatives and having its own living area, kitchen and toilet and bathing facilities. The total floor area of such a unit shall be a minimum of 190 net square feet and not exceed 50 percent of the total area of the main residence. The main residence shall be occupied by the property owner. See also “dwelling, accessory.”

“Accessory structure or use” means a structure or use, incidental, appropriate, and subordinate to the main use of the property, and which is located on the same lot or in the same building with the main use.

“Administrator” means the city of Tonasket permit administrator or other individual duly appointed by the mayor.

“Adult arcade” means a commercial establishment containing individual viewing areas or booths where, for any form of consideration including a membership fee, one or more still or motion picture projectors, slide projectors, cathode ray tube (CRT) projectors, liquid crystal display (LCD) projectors, television monitors, computer terminals or other similar image producing machines are used to show films, motion pictures, video cassettes, slides, laser discs, digital video discs (DVDs), computer discs, internet sites, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

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

“Adult entertainment” means:

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 member of the public and conducted in an adult entertainment facility where such exhibition, performance, or dance is performed for, arranged with, or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition, or dance. For purposes of example and not limitation, such exhibitions, performances, or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing.

“Adult entertainment facility” means a commercial establishment defined herein as an adult arcade, adult cabaret, adult motel, adult motion picture theater, or adult retail store.

“Adult family home” means a facility licensed pursuant to Chapter 70.128 RCW as the same exists now or may hereafter be amended. At the time that this title was adopted the RCW defined adult family home as “a regular family abode in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services.”

“Adult motel” means a hotel, motel, or similar commercial establishment which:

1. Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, laser discs, digital video discs (DVDs), computer discs, internet sites or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas and that has a sign visible from the public right-of-way that advertises the availability of this type of sexually oriented materials; or

2. Offers a sleeping room for rent for a rental fee period of time that is less than 10 hours; or

3. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.

“Adult motion picture theater” means an enclosed commercial establishment where, for any form of consideration, motion pictures, films, video cassettes, slides, laser discs, digital video discs (DVDs), computer discs, internet sites, or other similar visual representations are regularly shown that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

“Adult retail store” means a commercial establishment such as a bookstore, video store, or novelty shop which as its principal business purpose offers for sale or rent, for any form of consideration, any one or more of the following:

1. Books, magazines, periodicals, or other printed materials or photographs, films, motion pictures, video cassettes, slides, laser discs, digital video discs (DVDs), computer discs, internet sites, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or

2. Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.

For the purpose of this definition, the term “principal business purpose” shall mean the business purpose that constitutes 50 percent or more of the stock-in-trade of a particular business establishment. The stock-in-trade of a particular business establishment shall be determined by examining either: (a) the retail dollar value of all sexually oriented materials compared to the retail dollar value of all non-sexually-oriented materials readily available for purchase, rental, view, or use by patrons of the establishment, excluding inventory located in any portion of the premises not regularly open to patrons; or (b) the total volume of shelf space and display area reserved for sexually oriented materials compared to the total volume of shelf space and display area reserved for non-sexually-oriented materials.

“Agricultural equipment” and “agricultural facilities” include, but are not limited to: (1) the following used in agricultural operations: equipment; machinery; constructed shelters, buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and facilities including, but not limited to, pumps, pipes, tapes, canals, ditches, and drains; (2) corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands; (3) farm residences and associated equipment, lands, and facilities; and (4) roadside stands and on-farm markets for marketing fruit or vegetables.

“Agricultural products” includes, but is not limited to, horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within 20 years of planting; and livestock including both the animals themselves and animal products including, but not limited to, meat, upland finfish, poultry and poultry products, and dairy products.

“Agriculture” and “agricultural activities” means agricultural uses and practices including, but not limited to: producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities; provided, that the replacement facility is no closer to the OHWM than the original facility; and maintaining agricultural lands under production or cultivation. Agriculture and agricultural activities are divided into two general categories:

1. Commercial. Agriculture on a commercial scale as the primary source of income for the landowner; and

2. Hobby. Agriculture conducted on a small scale as a supplement to the landowner’s income.

“Agriculture related industry” means:

1. Packaging plants that may include but are not limited to the following activities: washing, sorting, milling, crating, canning, freezing and other functional operations such as drying, field crushing or other preparation in which the chemical and physical composition of the agricultural product remains essentially unaltered. Processing activities such as slaughterhouses, animal reduction yards, and tallow works shall not be considered packaging plants.

2. Processing plants that may include but are not limited to those activities which involve the pasteurization, fermentation or other substantial chemical and physical alteration of agricultural products. Activities such as slaughterhouses, animal reduction yards and tallow works shall not be considered processing plants.

3. Storage facilities that may include those activities which involve the warehousing (dry, cold, controlled atmosphere and/or wet) of processed and/or packaged agricultural products.

“Airport” means the Tonasket Municipal Airport.

“Airport elevation” means 1,311 feet above mean sea level. This elevation is used as the primary datum for measuring allowable height limitations for obstructions.

“Airport hazard” means any structure, tree, mobile object or large animal, or congregation of birds moving through or located at the airport or its vicinity, or use of land that obstructs the air space required for the flight of aircraft landing or taking off, or is otherwise hazardous to such landing or taking off of aircraft.

“Alley” means a narrow street, dedicated for public use, used primarily for vehicular access or utility installation to the rear or side of properties otherwise abutting on another public street which usually affords only a secondary means of access to property abutting thereon.

“Amateur radio tower and antenna” means an antenna and tower that transmits noncommercial communication signals and is licensed as an amateur radio tower by the Federal Communications Commission. Guy wires for amateur radio towers are considered part of the structure for the purposes of meeting development standards.

“Animal (veterinary) clinic/hospital” means a facility used for veterinary care of sick or injured animals primarily within the confines of the principal structures. The boarding of animals is limited to short-term care, and is accessory to the principal use. This definition does not include kennels.

“Animal feeding operation” or “AFO” means a lot or facility (other than an aquatic animal production facility) where the following conditions are met:

Animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.

“Animal shelter” means a building or structure (including external fenced cages or yards) for the care of lost, abandoned, homeless or injured animals, whether domestic or wild. (See also “kennel.”)

“Antenna” means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals.

1. “Omni-directional antenna” (also known as a “whip antenna”) means an antenna that transmits and receives radio frequency signals in a 360-degree radial pattern. For the purpose of this chapter, an omni-directional antenna is up to 15 feet in height and up to four inches in diameter unless otherwise provided for in conformance with RCW 35.21.315.

2. “Directional antenna” (also known as a “panel antenna”) means an antenna that transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees.

3. “Parabolic antenna” (also known as a “dish antenna”) means a bowl-shaped device for the reception and/or transmission of radio frequency communications signals in a specific directional pattern.

“Apartment house” means a building or portion thereof, designed and intended for occupancy by three or more families living independently of each other. This definition includes apartment hotels and group dwellings.

“Appeal” means a request for a review of the interpretation of any provision of this title or Chapter 18.06 TMC.

“Assisted living facility” means a type of licensed boarding home operating in accordance with an assisted living services contract with the Department of Social and Health Services offering a package of services, including personal care and limited nursing. Such facilities may include housing for the resident in a private apartment-like unit.

“Automobile wrecking yard” means an area in which is conducted the dismantling and/or wrecking of used motor vehicles, machinery, or trailers, or the storage or sale of dismantled, obsolete, or wrecked vehicles or their parts or the storage of motor vehicles unable to be moved under the power of the vehicle.

“Average grade level” means the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure; provided, that in the case of structures to be built over water, average grade level shall be the elevation of ordinary high water. Calculation of the average grade level shall be made by averaging the ground elevations at the center of all exterior walls of the proposed building or structure. (Ord. 778 § 2 (Exh. A), 2017).

17.10.011 “B” definitions.

“Basement” means that portion of a building, between a floor and a ceiling, which is partly below the finished grade. A basement shall be considered a story unless it is used exclusively for parking, storage and/or the housing of heating equipment.

“Bed and breakfast” means an owner-occupied single-family dwelling in which not more than two bedrooms are rented to the traveling public (tourists). For the purposes of this title, this use is not considered a commercial use. This use shall have the outward appearance of a single-family residence and food service in accordance with WAC 246-215-180.

“Beef equivalents” means, for the purposes of calculating the number of animals allowed at a permitted slaughterhouse, one beef equals 2.5 hogs equals six sheep/goats equals 0.75 bison.

“Best management practices (BMPs)” means conservation practices or systems of practices and management measures that:

1. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxins, and sediment.

2. Minimize adverse impacts to surface water and ground water flow, circulation pattern, and to the chemical, physical, and biological characteristics of waters, wetlands, and other fish and wildlife habitats.

3. Control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw material.

“Binding site plan development” means a planned development that does not establish lot boundaries for the purpose of subdividing for sale individual lots or parcels within the development. A binding site plan development must meet exemption criteria from subdivision regulations as defined in Chapter 58.17 RCW and the city’s subdivision regulations.

“Boardinghouse,” “lodginghouse,” or “roominghouse” means a building where lodging with or without meals is provided for not more than 10 persons in addition to members of the family occupying such building.

“Broadcast facility, radio and television” means an establishment engaged in transmitting oral and/or visual programs, and which consists of a studio, transmitter, and antennas.

“Buffer” means a strip of land established to protect one type of land use from another with which it is incompatible.

“Buildable area” means the space remaining on a lot after the minimum open space requirements (coverage, yards, setbacks) have been met.

“Building” means a structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.

“Building code” means the State Building Code and related construction codes and standards as amended and adopted by the city of Tonasket per TMC Title 15.

“Building coverage” means the amount of land covered or permitted to be covered by a building or buildings, usually measured in terms of percentage of a lot.

“Building height” means the vertical distance measured from the average elevation of the native grade adjacent to the building foundation, to the highest point of the coping of a flat roof, or to the highest gable of a pitched or hipped roof, excluding chimneys, antennas and other secondary roof structures.

“Building line” means a line, fixed parallel to the lot line, beyond which a building cannot extend.

“Bulk storage” means nonportable storage of bulk products in fixed tanks.

“Business or professional office” means the office of a recognized profession including doctors, dentists, accountants, attorneys, optometrists, architects, professional engineers and surveyors and persons engaged in other similar occupations or nonretail business maintained for the conduct of that profession or business. (Ord. 793 § 2A, 2018; Ord. 778 § 2 (Exh. A), 2017).

17.10.012 “C” definitions.

“CAFO” means concentrated agricultural feeding operation, as defined by 40 CFR 122.23.

“Campgrounds” means a development providing facilities for outdoor recreational activities, including structural improvements such as covered cooking areas, group facilities, self-contained travel trailer/motor home sites, tent sites, restroom and shower facilities, and laundry facilities for the convenience of temporary occupants. This definition includes camping clubs when developed in accordance with applicable state laws.

“Car wash” means any structure requiring the installation of special equipment and plumbing, which is used or intended to be used primarily for the washing of motor vehicles.

“Church” means a place of worship that is a specially designed structure or consecrated space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or exercise of religion. A building constructed or used for this purpose is sometimes called a house of worship. Temples, churches, and mosques are examples of structures created for worship. A monastery, particularly for Buddhists, may serve both to house those belonging to religious orders and as a place of worship for visitors. A parsonage may be included in the use where it is used to house a clergy member of the church. Natural or topographical features may also serve as places of worship, and are considered holy or sacrosanct in some religions; the rituals associated with the Ganges River are an example in Hinduism.

“City” means the city of Tonasket, Washington.

“Clearing” means the destruction or removal of vegetation ground cover, shrubs and trees including, but not limited to, root material removal and/or topsoil removal.

“Commercial recreation” means land and/or buildings which are used for recreation activities by the general public which normally operates for monetary gain.

“Commercial use” means facilities used or established to provide goods, merchandise or services for compensation or exchange as a primary means of income, excluding facilities for the growth, production, or storage of agricultural products.

“Community center, meeting hall, fraternal lodge” means structures for civil, public and club meetings or gatherings, with or without accessory kitchens and dining facilities not operated as regular commercial enterprises.

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

“Comprehensive plan” means any map or policy statement pertaining to the development of land use, streets, or public utilities and facilities, for all or any portion of the city which has been officially adopted by the planning commission and the city council.

“Conditional use” means a use, development, or substantial development which is classified as a conditional use or is not classified within this chapter or Chapter 18.06 TMC.

Convalescent Center. See “nursing home.”

“Council” means the city council of the city.

“Critical areas” include the following areas and ecosystems, as designated by the city: wetlands; areas with a critical recharging effect on aquifers used for potable water; aquatic, riparian, upland and wetland fish and wildlife habitat conservation areas; frequently flooded areas; channel migration zones; and geologically hazardous areas.

“Cumulative impacts” means the impact on the environment resulting from the incremental impact of an action when added to other past, present, and reasonably foreseeable future actions regardless of who undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time. (Ord. 778 § 2 (Exh. A), 2017).

17.10.013 “D” definitions.

“Day care facility” means an agency licensed by the state regularly providing care for a group of children for periods of less than 24 hours. For specific zoning district provisions, day care facilities are categorized and further defined as follows:

1. “Family day care home” means a day care facility that regularly provides care during part of the 24-hour day to six or fewer children in the family abode of the person or persons under whose direct care the children are placed.

2. “Mini day care center” means a day care facility for the care of 12 or fewer children in a facility other than the family abode of the person or persons under whose direct care and supervision the child is placed; or the care of from seven through 12 children in the family abode of such person or persons.

3. “Day care center” means a day care facility regularly providing care of 13 or more children. State law provides that no such center shall be located in a private family residence unless the portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation or is separate from the usual living quarters of the family. Such facilities are licensed by the Department of Social and Health Services under Chapter 74.15 RCW and Chapter 388-150 WAC (WAC 212-12-005).

“Density” means an expression of the intensity of use of property, usually indicated in the following manner. For residential uses: minimum acreage or square footage required for each residential unit; for nonresidential uses: maximum amount of use and/or floor area expressed as a percentage or fraction of the size of the lot.

“Development guidelines and standards” means those design standards outlined in this title, Chapter 18.06 TMC, and any other standards set forth in the Tonasket Municipal Code as it now exists or may be hereafter amended.

“Development regulations” means the controls placed on development or land uses by the city, including, but not limited to, zoning ordinances, critical areas ordinances, flood hazard reduction ordinances, all portions of a shoreline master program other than goals and policies approved or adopted under Chapter 90.58 RCW, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances, together with any amendments thereto.

“Domestic farm animal” means animals domesticated by humans to live in a tame condition or fenced yard. This definition includes, but is not limited to, dairy cows, beef cattle, horses, ponies, mules, llamas, goats, sheep, rabbits, poultry and swine.

“Dwelling” means a building or portion of a building that contains at least one dwelling unit used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.

1. “Dwelling, accessory” means a habitable living unit on a lot occupied by a one-family dwelling or other main building that is not a two-family or multi-unit dwelling. Accessory dwelling units provide basic requirements for living, sleeping, eating, cooking and sanitation and are subordinate to the principal or allowed use on the property. Accessory dwellings are subject to the standards found in TMC 17.70.090. See also “accessory dwelling unit.”

2. “Dwelling, apartment” means a dwelling unit which is subordinate to the principal use of the property, i.e., store in the front and apartment in the back or second floor.

3. “Dwelling unit” means a single unit providing complete, independent living facilities for a single family, including permanent provisions for living, sleeping, eating, cooking and sanitation.

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

5. “Single-family dwelling” means a detached building containing one dwelling unit. For permitting purposes, “single-family dwelling” use includes the following uses:

a. Manufactured home, individual lot;

b. Adult family home; and

c. Family day care.

6. “Two-family dwelling” means a detached building containing two dwelling units. (Ord. 778 § 2 (Exh. A), 2017).

17.10.014 “E” definitions.

“Eating and drinking establishments” means retail establishments selling food and drink for consumption on the premises, including lunch counters and refreshment stands selling prepared foods and drinks for immediate on-site consumption.

“Emergency” is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with this chapter. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the administrator to be the appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed or any permit which would have been required, absent an emergency, pursuant to Chapter 90.58 RCW, these regulations, or Chapter 18.06 TMC, obtained. All emergency construction within the shoreline area shall be consistent with the policies of Chapter 90.58 RCW and the Tonasket shoreline master program. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency.

“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations.

“Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). (Ord. 778 § 2 (Exh. A), 2017).

17.10.015 “F” definitions.

“Family” means an individual, or two or more persons related by blood, marriage, adoption, or legal guardianship, living together in a dwelling unit in which meals or lodging may also be provided for not more than two additional persons excluding servants; or a group of not more than five unrelated persons living together in a dwelling unit. Persons with functional disabilities, as defined in this title, shall be considered the same as related individuals.

“Feed, grain and farm supply” means a retail establishment that primarily sells agricultural-related supplies and equipment.

“Feedlot” means an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, a confined area or structure for feeding, breeding or holding livestock for eventual sale or slaughter and in which animal waste accumulates faster than it can naturally dissipate without creating a potential for a health hazard, particularly with regard to surface and groundwater; but not including barns, pens or other structures used in a dairy operation or structures on farms holding livestock primarily during winter periods.

“Fence, sight-obscuring” means a fence constructed of solid wood, metal, concrete or other appropriate material that entirely conceals the subject use from adjoining uses.

“Financial institution” means establishments such as banks and savings and loans; credit agencies; investment companies; brokers and dealers of securities and commodities, insurance agents; and lessors, lessees, buyers, sellers, agents, and developers of real estate.

“Floodplain” is synonymous with “100-year floodplain” and means that land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon the flood ordinance regulation maps of the city of Tonasket and/or Okanogan County.

“Floodplain management” means a long-term program to reduce flood damages to life and property and to minimize public expenses due to floods through a comprehensive system of planning, development regulations, building standards, structural works, and monitoring and warning systems.

“Floor area” means the total area of all floors of a building as measured to the outside surfaces of exterior walls, hall, stairways and elevator shafts, excluding restrooms and nonpublic spaces.

“Frequently flooded area” means the floodplain, the future-flow floodplain, and those lands that provide important flood storage, conveyance and attenuation functions.

“Functional disabilities, people with” means:

1. A person who, because of a recognized chronic physical or mental condition or disease, is functionally disabled to the extent of:

a. Needing care, supervision or monitoring to perform activities of daily living or instrumental activities of daily living; or

b. Needing supports to ameliorate or compensate for the effects of the functional disability so as to lead as independent a life as possible; or

c. Having a physical or mental impairment which substantially limits one or more of such person’s major life activities; or

d. Having a record of having such an impairment.

2. A person being regarded as having such an impairment, but such term does not include current, illegal use of or active addiction to a controlled substance. (Ord. 778 § 2 (Exh. A), 2017).

17.10.016 “G” definitions.

“Grade” (adjacent ground elevation) is 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 five feet from the building, between the building and a line five feet from the building (per building code).

“Grading” means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land.

“Gravel pit” means land from which sand, gravel or quarried rock is extracted, but does not include the extraction of metals, minerals or fossil fuels. (See “mining.”)

“Grocery store” means a retail establishment primarily selling food as well as other convenience and household goods.

“Guidelines, shorelines” means the state of Washington’s adopted shoreline master program guidelines (Chapter 173-26 WAC, as amended). (Ord. 778 § 2 (Exh. A), 2017).

17.10.017 “H” definitions.

“Habitat” means the specific area or environment in which a particular type of plant or animal lives.

“Hazardous household substances” means those substances identified by the department as hazardous household substances in the guidelines developed under RCW 70.105.220.

“Hazardous substances” means any liquid, solid, gas, sludge, including any material substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste (RCW 70.105.010).

“Hazardous waste” means and includes all dangerous and extremely hazardous waste, including substances composed of both radioactive and hazardous components.

“Hazardous waste generator” means any person, by site, whose act or process produces dangerous waste or whose act first causes a dangerous waste to become subject to regulation under the dangerous waste regulations, Chapter 173-303 WAC (WAC 173-303-040).

“Hazardous waste treatment and storage facility” means a facility that requires an interim or final status permit from the State Department of Ecology under the dangerous waste regulations, Chapter 173-303 WAC. Treatment and storage facilities include hazardous waste handling through such means as containers (barrels, drums), above and underground tanks, and waste piles and surface impoundments that will be cleaned up and not closed as landfills. Hazardous waste generators that do not accumulate their wastes on site are not treatment and storage facilities, nor are hazardous waste incinerators and land disposal facilities which are state preempted facilities (RCW 70.105.240).

“Height of fence” means the vertical distance from the highest adjacent finish grade elevation to the elevation of the top horizontal member or to the top of the vertical members when the vertical members manifest the fence.

“Helipad” means a structural surface that is used for the landing, taking off, taxiing and parking of helicopters.

“Heliport” means an area of land or water or a structural surface that is used, or intended for the use, for the landing and taking off of helicopters, and any appurtenant areas that are used, or intended for use, for heliport buildings or other heliport facilities.

“Helistop” means the same as “heliport,” except that no fueling, defueling, maintenance, repairs or storage of helicopters is permitted.

“Helistop, EMS” means the same as “helistop,” except that the landing of helicopters is limited to those engaged in air ambulance related functions.

“Historic site” means those sites that are eligible to be listed or are listed on the Washington Heritage Register, National Register of Historic Places, or any locally developed historic registry formally adopted by the city of Tonasket.

“Home occupation” means a lawful occupation carried on by a resident of a dwelling as a secondary use within the dwelling.

“Hospital” means an institution providing clinical, temporary and emergency services of a medical or surgical nature to human patients which is licensed by state law to provide facilities and services for surgery, obstetrics and general medical practice as distinguished from clinical treatment of mental and nervous disorders.

“Hotels and motels” means establishments for housing the traveling public on an overnight or short-term basis. Access to restaurant and recreation facilities are usually available to nonguests as well as guests.

“Housing for people with functional disabilities” means housing used, or intended for use, by persons with functional disabilities. The term includes, but is not limited to, adult family homes, residential care facilities, and housing for any supported living arrangement, as defined in this title. (Ord. 778 § 2 (Exh. A), 2017).

17.10.018 “I” definitions.

“Impervious surface” means any material or structure that prevents the natural absorption of water into the earth.

“Industrial use” means a use including manufacturing, processing, warehousing, storage, distribution, shipping and other related uses.

“Inns, lodges and guest ranches” means establishments for housing and providing either organized entertainment (both active and passive) or recreational opportunities for stays, generally several nights in duration. This type of facility either provides all recreational opportunities on site or as part of an organized or duly licensed and/or permitted recreational activity on public or private lands in the vicinity of the inn, lodge or guest ranch. (Ord. 778 § 2 (Exh. A), 2017).

17.10.019 “J” definitions.

“Junkyard” means an area where any person is engaged in breaking up, handling, packing, baling, sorting, storing, distributing, buying, or selling any scrap, waste material, or junk including but not limited to scrap metal, bones, rags, used cloth, used rubber, used rope, used bottles, old or used machinery, used tools, used appliances, used fixtures, used lumber, used pipe or pipe fittings, used tires, or other used manufactured goods. (Ord. 778 § 2 (Exh. A), 2017).

17.10.020 “K” definitions.

Reserved. (Ord. 778 § 2 (Exh. A), 2017).

17.10.021 “L” definitions.

“Land use, high impact or intensity” means land use that includes the following uses or activities: commercial, urban, industrial, institutional, retail sales, residential (more than one unit/acre), high-intensity new agriculture (dairies, nurseries, greenhouses, raising and harvesting crops requiring annual tilling, raising and maintaining animals), high-intensity recreation (golf courses, ball fields), and hobby farms.

“Land use, low impact or intensity” means land use that includes the following uses or activities, forestry (cutting of trees only), low-intensity open space (hiking, bird-watching, preservation of natural resources, etc.), unpaved trails, utility corridor without a maintenance road and little or no vegetation management.

“Land use, medium impact or intensity” means land use that includes the following uses or activities, residential (one unit/acre or less), moderate-intensity open space (parks with biking, jogging, etc.), conversion to moderate-intensity agriculture (orchards, hay fields, etc.), paved trails, building of logging roads, utility corridor or right-of-way shared by several utilities and including access/maintenance road.

“Landfill” means a disposal site or part of a site at which waste is placed in or on land and which is not an approved landspreading disposal facility per WAC 173-304-100(43), or as otherwise defined by the city of Tonasket.

“Litter container” means a container provided on public or private property for temporary disposal of wastepaper, used beverage or food containers, and other small articles of rubbish, trash, or garbage by users of the site. Every litter container shall be closed with a well-fitting lid or designed to reasonably prevent its contents from becoming litter.

“Local government” means the city of Tonasket which contains within its boundaries lands and waters subject to the Shoreline Management Act.

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

“Lot area” means the total horizontal land area (generally measured in square feet) within the lot lines of a lot.

“Lot, buildable” means a lot upon which the city of Tonasket will issue a building permit in accordance with zoning and other applicable regulations.

“Lot, corner” means a lot abutting on two intersecting streets other than an alley or upon two parts of the same street forming an interior angle of less than 135 degrees.

“Lot coverage, zoning” means that portion of a lot covered by structures and impervious surfaces expressed as a percentage of the total lot area.

“Lot depth” means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line.

“Lot, interior” means a lot other than a corner lot.

“Lot line” means the property line bounding a lot.

“Lot line, front” means the property line separating the lot from the street other than an alley; in the case of a corner lot, the front lot line shall always be the shorter of the lot lines that run parallel to either of the two intersecting streets. If both street frontages are the same length, the official address shall determine which is front, other than an alley which the administrator has made its official address.

“Lot line, rear” means a property line which is opposite and most distant from the front lot line; in the case of an irregular, triangular, or other shaped lot, a line 10 feet in length within the lot parallel to and at a maximum distance from the front lot line.

“Lot line, side” means any property line not a front or rear lot line.

“Lot of record” means land designated as a separate and distinct parcel in a legally recorded subdivision plat, or in a legally recorded deed filed on record with Okanogan County.

“Lot, through” means an interior lot having frontage on two parallel or approximately parallel streets other than alleys.

“Lot width” means the average horizontal distance between the side lot lines, ordinarily measured at the front building line. (Ord. 778 § 2 (Exh. A), 2017).

17.10.022 “M” definitions.

“Machine shop” means an establishment primarily involved in the fabrication, machining, welding and repair of metal parts and equipment. The term “machine shop” does not include major manufacturing facilities that mass produce materials, parts and equipment for export.

“Macro facility” means an attached wireless communication facility that consists of antennas equal to or less than 15 feet in height or a parabolic antenna up to one meter (39.37 inches) in diameter and with an area not more than 100 square feet in the aggregate as viewed from any one point.

“Manufactured home” means a dwelling unit constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes. All manufactured homes shall bear the appropriate insignia by a state or federal regulatory agency indicating compliance with all applicable construction standards of the U.S. Department of Housing and Urban Development for manufactured homes as adopted by the Washington State Department of Labor and Industries.

“Manufactured home, designated” means a manufactured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which:

1. Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long;

2. Was originally constructed with and now has a composition of wood shake or shingle, coated metal, or similar roof of not less than a nominal 3:12 pitch; and

3. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built building code single-family residences.

“Manufactured home, individual lot” means a manufactured home that meets the definition of “designated manufactured home” and additionally:

1. The manufactured home is set upon and anchored to a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home perimeter to the ground be enclosed by concrete or an approved concrete product which can be either load bearing or decorative; and

2. The manufactured home complies with all local design standards applicable to all other homes within the district in which the manufactured home is to be located such as but not limited to snow load, fire exposure, frost protection, flood hazard reduction, setbacks and lot coverage; and

3. The manufactured home is thermally equivalent to the current state energy code for a new construction single-family dwelling.

“Manufactured home park” means a parcel of land under single ownership used for or available for rent for the placement of two or more manufactured homes used as dwellings and meeting the certification requirements of this title. For the purposes of this title the term “manufactured home park” shall be synonymous with the term “trailer court,” as defined herein, and shall be allowed in any district where trailer courts are allowed. All trailer courts proposed or expanded under this title must meet the standards for a manufactured home park.

“Manufacturing, heavy” means industrial enterprises and activities which possess potential nuisance or hazard components or place exceptional demands upon public facilities and services. Such facilities generally involve the manufacturing, assembly, fabrication and processing, bulk handling, storage, warehousing, and heavy trucking activity and normally require sites of larger size to accommodate these uses.

“Manufacturing, light” means a manufacturing use in which goods are produced without using heavy machinery, such as machine loaders, foundry machinery, metal, presses, etc., and without chemically processing materials. Light manufacturing activities include but are not limited to the following activities:

Manufacture, assembly, finishing, and/or packaging of small items from component parts. Examples include but are not limited to pottery, clothing, assembly of clocks, electrical appliances, or medical equipment. Production of items made from materials derived from plants or animals, including but not limited to leather, pre-milled wood, paper, wool or cork; or from textiles, semi-precious or precious metals or stones, or plastics. Production or bottling of beverages for human consumption, including but not limited to beer, wine and soft drinks.

“Manure lagoon” means a waste treatment impoundment, in which manure is mixed with sufficient water to provide a high degree of dilution for the primary purpose of reducing pollution potential through biological activity.

“Mega facility” means an attached wireless communication facility which exceeds the size limitations of a “macro facility.”

“Micro facility” means an attached wireless communication facility, operating in compliance with FCC regulations and within the specified bandwidth for unlicensed devices, that consists of antennas equal to or less than four feet in height (except omni-directional antennas which may be up to six feet in height) and with an area of not more than 580 square inches in the aggregate (e.g., one-foot-diameter parabola or two-foot-by-one-and-one-half-foot panel) as viewed from any one point.

“Microbrewery” means a combination retail, wholesale and manufacturing business that brews and serves beer, wine or other distilled spirits and/or food on the premises. Microbreweries shall have a production capacity not to exceed 15,000 U.S. barrels per year.

“Mineral prospecting” means to excavate, process, or classify aggregate using handheld mineral prospecting tools and mineral prospecting equipment.

“Mini-mart” means a use which combines retail food sales with fast foods or take-out food service. Mini-marts may or may not be associated with service stations. The term mini-mart shall also include “quick-e-mart” and “convenience store.”

“Mining” means the act of extracting from the earth minerals and/or ores via open pit, shaft, leaching, hydraulic, sand and gravel removal or other methods, except dredging. Note that mining activities are subject to zoning regulation and approval processes; however, prospecting and exploration activities that are conducted with minimal disturbance of the subject property are not considered mining and are not restricted by zoning. Surface mining operations are also regulated by Department of Natural Resources.

“Mixed use development” means the use of land or a structure for two or more different uses, or “mixed use development” means a combination of uses within the same building or site as a part of an integrated development project with functional interrelationships and coherent physical design.

“Mobile home” means a transportable dwelling unit manufactured after January 1, 1968, and before June 15, 1976, and bearing an insignia of the Washington State Department of Labor and Industries. Mobile homes without such insignia are nonconforming structures.

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

“Monitoring” means evaluating the impacts of development on the environment (which may include biology, geology, hydrology, hydraulics, and other factors related to safety and shoreline ecological function) and determining how well any required mitigation measures are functioning through the monitoring period. Monitoring may also include collection and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features; and does also include gathering baseline data.

“Multifamily use” means two or more single-family dwellings; or two or more duplexes, triplexes or multifamily dwellings; or any combination of two or more of the above located on a single lot.

“Municipal uses” are those in support of local government functions and services, with in shoreline jurisdiction, recreational uses and utility facilities are not considered municipal uses.

“Must” means an action is required. (Ord. 778 § 2 (Exh. A), 2017).

17.10.023 “N” definitions.

“Native grade” means the existing grade on a lot or parcel prior to excavation for construction or grading.

“Natural or existing topography” means the topography of the lot, parcel, or tract of real property immediately prior to any site preparation or grading, including excavation or filling.

“Neighborhood” means an area which is recognized as a distinct entity by virtue of certain factors, such as: definite boundaries, natural or man-made; history; architecture; facilities which attract people within a certain radius; or a shared sense of identity or social cohesion.

“New construction” means structures for which the “start of construction” commenced on or after the effective date of this title.

“New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations, Chapter 15.16 TMC.

“Nightly rental” (for the purposes of the TMC) means tourist accommodation in guest houses, recreational homes or cabins, or part-time residential homes.

“Nonconforming lot” means a lot, in which the area, width and/or other dimensional characteristics of which fail to meet the requirements of the zoning district in which it is located and was conforming prior to the enactment of the ordinance codified in this title or any amendment thereto.

“Nonconforming structure” means a legally established structure existing at the time the ordinance codified in this title or any amendment thereto becomes effective which does not conform to the lot size, yard, height, or lot coverage requirements of the district in which it is located.

“Nonconforming use” means a legally established use existing at the time the ordinance codified in this title or any amendment thereto becomes effective which does not conform to the permitted uses and regulations of the district and/or shoreline designation in which it is located.

“Nursing home” means any home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in excess of 24 consecutive hours for three or more patients not related by blood or marriage to the operator, who, by reason of illness or infirmity, are unable properly to care for themselves. Convalescent and chronic care may include but not be limited to any or all procedures commonly employed in waiting on the sick, such as administration of medicines, preparation of special diets, giving of bedside nursing care, application of dressings and bandages, and carrying out of treatment prescribed by a duly licensed practitioner of the healing arts. It may also include care of mentally incompetent persons. It may also include community-based care. Nothing in this definition shall be construed to include general hospitals or other places which provide care and treatment for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both. Nothing in this definition shall be construed to include any boarding home, guest home, hotel or related institution which is held forth to the public as providing and which is operated to give only board, room and laundry to persons not in need of medical or nursing treatment or supervision except in the case of temporary acute illness. The mere designation by the operator of any place or institution as a hospital, sanitarium, or any other similar name, which does not provide care for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both, shall not exclude such place or institution from the provisions of this chapter; provided, that any nursing home providing psychiatric treatment shall, with respect to patients receiving such treatment, comply with the provisions of RCW 71.12.560 and 71.12.570. (Ord. 778 § 2 (Exh. A), 2017).

17.10.024 “O” definitions.

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

“Off-street parking” means parking space(s) and related maneuvering space provided beyond the right-of-way of a highway, street or alley.

“Office of Financial Management” means the Office of Financial Management of the State of Washington.

“On-site” means the same geographically contiguous, or bordering property. On-site hazardous waste treatment and storage facilities treat and store waste generated on the same property.

“Open space, common” means land within or related to a development, not individually owned (undivided interest), which remains undeveloped and that is dedicated to one or more of the following purposes: historical/architectural preservation and/or wildlife habitat and/or recreation.

“Open space, conservation” means land retained in an open or unimproved condition, which has been set aside, dedicated, designated, or reserved for fish and wildlife preservation or enhancement purposes. Mechanisms for preservation of conservation open space include but are not limited to: subdivision or planned development (PD). Lands within this type of an open space dedication may include portions and combinations of forest, agricultural and grazing lands, priority fish and wildlife habitats, on-site watersheds, 100-year floodplains, city shorelines or shorelines of state-wide significance and riparian areas and wetlands. Land so designated shall not include areas of human impact and shall contain no structures or impervious surfaces other than those which are approved by the administrator; e.g., part of an organized trail system, and structures of historical/architectural preservation significance or used as designated conservation open space.

“Open space, individual ownership” means land within or related to a development owned individually, which remains undeveloped (except for trails) and that is dedicated for use in the development and is retained or restored to its native state or used for agricultural or recreational purposes, e.g., part of an organized trail system, and structures of historical/architectural preservation significance or used as designated wildlife open space.

“Open space, public” means any land which has been acquired, set aside, dedicated, designated or reserved for general public use or enjoyment. (Ord. 778 § 2 (Exh. A), 2017).

17.10.025 “P” definitions.

“Parcel” means a tract or tax parcel other than a platted lot.

“Parking facility” means a land area or structure that is devoted exclusively to the temporary parking or storage of motor vehicles for which a fee may or may not be charged, and where no service or repairs of any kind are furnished.

“Party of record” includes all persons, agencies or organizations who have submitted written comments in response to a notice of application; made oral comments in a formal public hearing conducted on the application; or notified local government of their desire to receive a copy of the final decision on a permit and who have provided an address for delivery of such notice by mail.

“Permit” means any form of written permission required under this title, TMC Title 15, or Chapter 18.06 TMC, prior to undertaking activity within the city and/or on shorelines of the state, including substantial development permits, variances, conditional use permits, permits for oil or natural gas exploration activities and shoreline exemptions.

“Person” means an individual, firm, partnership, association, corporation, estate, trust, receiver, syndicate, branch of government, social or fraternal organization, or any group or combination acting as a legal entity, and including any representative thereof.

“Personal services” means establishments primarily engaged in providing services involving the care of a person or his or her personal goods and apparel. Examples include, but are not limited to, cleaning and pressing service, linen supply, beauty shops, barbershops, shoe repair, funeral services and domestic services.

“Personal storage facility” means enclosed area or structures providing storage for personal goods and/or recreational vehicles within the structure.

“Placer mining” means the mining (by panning or dredging) of alluvial (waterborne) or glacial deposits of precious metals or minerals, usually in stream beds or valleys adjacent to uplands rich in these minerals.

“Planned development” means either a planned unit or binding site plan development as defined in Chapter 17.110 TMC.

“Planned unit development” means a planned development that includes the subdivision of property as defined in Chapter 58.17 RCW and the city’s subdivision regulations.

“Planning commission” means the planning commission of the city of Tonasket.

“Private road” means every way or place in private ownership and used for travel of vehicles by the owner(s) or those persons having express or implied permission by the owner(s), but not by other persons; such roads are not maintained by the city of Tonasket.

“Private school” means any building or group of buildings the use of which meets the state requirements for elementary, secondary, or higher education and which use does not secure the major part of its funding from any governmental agency.

“Processing or handling of hazardous wastes” means the use, storage, manufacture, production, or other land use activity involving hazardous substances, excluding individually packaged household consumer products or quantities of hazardous substances less than five gallons on volume per container.

“Property line” means any line bounding the ownership of a parcel of land.

Property Line, Front. See “lot line, front.”

“Public building” means any building, structure, facility or complex used by the general public owned or leased by the state, county, the city of Tonasket, a utility district or other public agency or municipal corporation.

“Public interest” means the interest shared by the citizens of the state or community at large in the affairs of government, or some interest by which their rights or liabilities are affected including, but not limited to, an effect on public property or on health, safety, or general welfare resulting from a use or development. (Ord. 778 § 2 (Exh. A), 2017).

17.10.026 “Q” definitions.

“Qualified professional” means a person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). A qualified professional will have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology or related field, and have at least two years of related work experience. A geologist must have a state license. (Ord. 778 § 2 (Exh. A), 2017).

17.10.027 “R” definitions.

“Recreation, low-intensity” means recreation that does not require developed facilities other than unpaved trails and can be accommodated without change to the area or resource other than development of trails and placement of litter containers and directional and interpretive signs. Examples are hiking, shore fishing, and bicycling.

“Recreational development” means the modification of the natural or existing environment to accommodate recreation. This includes clearing land, earth modifications, structures and other facilities such as parks, camps, camping clubs, launch ramps, golf courses, viewpoints, trails, public access facilities, public parks and athletic fields, hunting blinds, wildlife enhancement (wildlife ponds are considered excavation), and other low-intensity use outdoor recreation areas.

“Recreational uses” means uses which offer activities, pastimes, and experiences that allow for the refreshment of mind and body. Examples include, but are not limited to, parks, camps, camping clubs, launch ramps, golf courses, viewpoints, trails, public access facilities, public parks and athletic fields, hunting blinds, and other low-intensity use outdoor recreation areas. Recreational uses that do not require a shoreline location, nor are related to the water, nor provide significant public access are considered non-water-oriented. For example, a recreation uses solely offering indoor activities would be considered non-water-oriented.

“Recreational vehicle (RV)” means a vehicle:

1. Built on a single chassis; and

2. Four hundred square feet or less when measured at the largest horizontal projection; and

3. Designed to be self-propelled or permanently towable by a light-duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

“Recreational vehicle (RV) park” means a tract of land developed with individual sites for rent and containing roads and utilities to accommodate recreational vehicles or tent campers for vacation or other similar short stay purposes.

“Recycling drop-off station” means a facility or area for consumer deposit of small recyclable household items (glass, paper, aluminum, etc.) in enclosed containers which are collected and emptied on a regular basis without processing, crushing or other handling, and which does not create a nuisance due to odor, noise, appearance, rodent or bug attraction.

“Repair shop” means establishments primarily involved in the repair of appliances, electronic equipment and small engines, excluding automobiles and heavy equipment.

“Residential care facility” means a facility that cares for at least five, but not more than 15 functionally disabled persons, that is not licensed pursuant to Chapter 70.128 RCW. An adult family home shall be considered a residential use of property for zoning and public and private utility rate purposes. Adult family homes shall be a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single-family dwellings.

“Resort” means an establishment offering guests the following: lodging, meals, recreation, entertainment and related items.

“Responsible official,” which is synonymous with administrator, shall mean the permit administrator, duly elected mayor or city clerk-treasurer of the city of Tonasket or their designee.

“Retail sales” means establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

“Retirement community” means any age-restricted development, which may be in any housing form, including detached and attached dwelling units offering private and semi-private residences or rooms.

“Rezone” means to change the zoning district classification of particular lot(s) or parcel(s) of land.

“Road” means a public right-of-way which provides vehicular circulation or principal means of access to abutting properties, and the right-of-way may also include provisions for public utilities, pedestrian walkways, public open space and recreation areas, cut and fill slopes and drainage. (Ord. 778 § 2 (Exh. A), 2017).

17.10.028 “S” definitions.

“Sanitary landfill” means a disposal facility or part of a facility at which solid waste is permanently placed in or on land and which is not a landspreading disposal facility.

“Sawmill” means a mill where timber or logs are sawed into lumber or boards. There are two general types of sawmills:

1. “Commercial” means a mill designed to process timber and logs on a commercial scale in fixed facilities; or

2. “Portable” means a small, self-contained sawmill which is temporarily moved to the site where the timber is to be sawn and then moved on to another location.

“School” means a structure and accessory facilities in which prescribed courses are taught. This definition includes elementary, junior high or high schools and institutions of higher learning, but does not include commercial schools, nursery schools, kindergartens, or day care facilities/centers, except when operated in conjunction with a public or private school.

“Screening” means a fence, wall, landscaping, evergreen hedge or combination thereof that effectively provides a sight-obscuring and sound-absorbing buffer. It shall be at least four feet in height and be broken only for access drives, walks and for compliance with clear vision requirements. (See TMC 17.70.110 and 17.70.120.)

“Seasonal” means a temporary use, the duration of which is related to an identifiable climatic, cultural, or recreational period (i.e., summer, winter, fall, spring, Christmas, ski season).

“Service station” means a retail facility to supply motor fuel, other petroleum products and convenience foods to motor vehicles and their occupants, and may include lubrication, minor repair service and incidental sale of motor vehicle accessories and convenience foods. (See also “mini-mart.”)

The exterior and surroundings must be maintained in a clean and orderly fashion to enhance and not detract from the neighborhoods. No more than six vehicles may be parked outside the building for more than a 72-hour period. No parts, motors or apparently inoperable vehicles to be stored outside. There shall be a public restroom maintained in a sanitary condition and not used for storage. All repair or service work shall be conducted entirely within an enclosed building, except for that repair or service work involving initial diagnosis, tire service or replacement, or work on vehicles larger than what can be accommodated within the service bays or garages. All dismantled or partially dismantled vehicles and miscellaneous engine or auto parts on the site shall be stored out of the view of street traffic. Vehicular access to the site shall be designed to minimize conflicts with pedestrians and with existing auto circulation systems. The development and operation of the business shall be in conformance with the goals and policies of the comprehensive plan.

“Setback” means the required distance between structures and all lot lines.

“Sexually oriented materials” means any books, magazines, periodicals, or other printed materials or any photographs, films, motion pictures, video cassettes, slides, laser discs, digital video discs (“DVDs”), computer discs, internet sites, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. The term “sexually oriented materials” includes any instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.

“Shoreline master program” or “SMP” means the comprehensive use plan for the shoreline area subject to the shoreline element of the Tonasket comprehensive plan and Chapter 18.06 TMC, together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in Chapter 90.58 RCW.

Short Subdivision. See TMC 16.08.410.

“Sign” means an identification, description, illustration, or device which is affixed to or represented, directly or indirectly, upon a structure or land, and which directs attention to a product, place, activity, person, institution, business, or profession.

“Solid waste” means all putrescible and nonputrescible solid and semisolid wastes, including but not limited to garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. This includes all liquid, solid and semisolid, materials which are not the primary products of public, private, industrial, commercial, mining, and agricultural operations. Solid waste includes but is not limited to sludge from wastewater treatment plants and septage, from septic tanks, wood waste, dangerous waste, and problem wastes.

“Special event” means any event (excluding those events allowed through the festival permitting process) that happens for more than three consecutive days per event and no more than twice a year.

“Special event camping” means any 10 or more recreational vehicles, tents, or temporary structures designed for temporary habitation, or any combination thereof, limited to the duration of the special event (whether related to a special event or not) and one week before and one week after.

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

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

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

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

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 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.

“Start of construction” includes substantial improvement, and means the date the building permit was issued; provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the “actual start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

“Storage (hazardous waste)” means the holding of dangerous waste for a temporary period. Accumulation of dangerous waste by a generator (see definition) on the site of generation is not storage providing the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201.

“Street” means a public right-of-way for roadway, sidewalk, and utility installation.

“Structural alteration” means any change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams, or girders, or any structural change in the roof or in the exterior walls.

“Structural shoreline stabilization” means shore erosion control practices using hardened structures that armor and stabilize the shoreline landward of the structure from further erosion, examples include, bulkheads, concrete walls, riprap, jetties, groins, breakwaters, stone reinforcement.

“Structure” means that which is built or constructed. An edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some manner and which requires location on the ground or which is attached to something having a location on the ground. Not included are residential fences and retaining walls less than three feet in height, rockeries, and similar improvements of a minor character.

Subdivision, Long. See TMC 16.08.450.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

“Substantial improvement” means:

1. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

a. Before the improvement or repair is started; or

b. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

2. The term can exclude:

a. Any project for improvement of a structure to correct pre-cited existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

b. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

“Supported living arrangement” means a living unit owned or rented by one or more persons with functional disabilities who receive assistance with activities of daily living, instrumental activities of daily living, and/or medical care from an individual or agency licensed and/or reimbursed by a public agency to provide such assistance. (Ord. 778 § 2 (Exh. A), 2017).

17.10.029 “T” definitions.

“Temporary” means having a specific, short-term duration. (See “seasonal.”)

“Temporary market” means an occasional, temporary commercial 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. This definition does not include the sale of livestock, sale of automobiles or vehicles of any kind, private garage sales, or special events such as the Garlic Festival, Founders Day, the Farmers Market and other scheduled annual events held under approval of the city council in a city-owned park.

“Temporary sign” means a sign not intended to be permanently installed.

“Temporary use” means a use that is limited in scope, duration, and frequency.

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

“Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including but not limited to self-supporting lattice towers, guy towers or monopole towers. Telecommunications towers comprise wireless communications facilities, including radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, personal communications services towers, or other related tower structures. Utility poles that provide electric or telephone service are not included in this definition. Conforming utility poles may be used to support one or more antennas in compliance with all applicable regulations.

“Townhouse, zero lot line” means an attached dwelling unit in a row of at least two and not more than six such units, separated by property lines and by vertical common fire-resistant walls from other dwelling units in the row and having individual outside access and legal frontage on a public or approved private street. Each dwelling unit shall be designed for and occupied exclusively by one family and the household employees of that family. A townhouse shall extend from foundation to roof, and no townhouse shall be located over another unit. Common walls between townhouses shall have no doors, windows or other provisions for human passage or visibility. Each townhouse shall be attached to other units in the row by not more than two common walls. The principal access shall be at or near grade. Townhouses not separated by property lines shall be considered multifamily dwellings and regulated as such.

“Transmit” means to send from one person or place to another by mail or hand delivery. The date of transmittal for mailed items is the date that the document is certified for mailing or, for hand-delivered items, is the date of receipt at the destination.

“Treatment (hazardous waste)” means the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume.

“Truck stop” means any building, premises or land in which or upon which a business, service or industry involving the maintenance, servicing, storage or repair of commercial vehicles is conducted or rendered, including the dispensing of motor fuel directly into motor vehicles and the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop may also include overnight accommodations and restaurant facilities primarily for the use of truck crews. (Ord. 778 § 2 (Exh. A), 2017).

17.10.030 “U” definitions.

“Use” means the purpose for which land or a structure is primarily designed, arranged, or intended, or for which it is primarily occupied or maintained.

Use, Accessory. See “accessory building or use.”

“Use, multifamily” means two or more single-family dwellings; or two or more duplexes, triplexes or multifamily dwellings; or any combination of two or more of the above located on a single lot.

“Use, principal” means the primary or predominant use to which a structure, part of a structure or lot is or may be devoted. (Ord. 778 § 2 (Exh. A), 2017).

17.10.031 “V” definitions.

“Variance” is a means to grant relief from the specific bulk, dimensional or performance standards set forth in this title and Chapter 18.06 TMC and not a means to vary the uses allowed under zoning or Chapter 18.06 TMC.

“Variety/department stores” means a retail establishment, greater than 10,000 total square feet, selling a variety of new or used products for household use, including but not limited to any combination of clothing, food, appliances, home furnishings, recreational equipment, automotive supplies, hardware and electronics.

“Vehicle and heavy equipment sales” means the use of any building, land area or other premises for the display and sale of new or used automobiles, motorcycles or other forms of motorized equipment used for personal, industrial or commercial purposes.

“Vision area, clear” means a triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. (Ord. 778 § 2 (Exh. A), 2017).

17.10.032 “W” definitions.

“Wholesale/warehouse” means a structure used for the storage of goods and materials. Such structures may also function as a retail or wholesale business.

“Wireless communication facility” means an unmanned facility for the transmission and reception of low-power radio signals, consisting of an equipment shelter or cabinet, a support structure (e.g., existing building, utility pole or tower), antennas (omni-directional, panel/directional or parabolic) and related equipment. Separate requirements may be adopted for the following subcategories of wireless communication facilities:

1. Wireless communications facilities, macro: see “macro facility”;

2. Wireless communications facilities, mega: see “mega facility”;

3. Wireless communication facilities, micro: see “micro facility”;

4. Wireless communications towers: see “tower.” (Ord. 778 § 2 (Exh. A), 2017).

17.10.033 “X” definitions.

Reserved. (Ord. 778 § 2 (Exh. A), 2017).

17.10.034 “Y” definitions.

“Yard” means an open space on a lot which is unobstructed from the ground upward except as otherwise provided in this title.

1. “Front yard” means a yard between lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of the building.

2. “Rear yard” means a yard between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of the building.

3. “Side yard” means a yard between the front and rear yard measured horizontally at right angles from the side lot line to the nearest point of the building.

4. “Street side yard” means the side yard of a corner lot abutting the street extending from the front yard to the rear lot line, and measured horizontally at right angles from the side lot line to the nearest point of the building. (Ord. 778 § 2 (Exh. A), 2017).

17.10.035 “Z” definitions.

“Zoning district” means a section of the city designated in this title in which requirements of the use of land and building and development standards are prescribed.

“Zoning map” means the map delineating the boundaries of districts which, along with the zoning text of this title, comprise the zoning ordinance of the city. (See Chapter 17.15 TMC.) (Ord. 778 § 2 (Exh. A), 2017).