Chapter 17.04 DEFINITIONS

For the purpose of this title, certain words and terms are defined in this title. When consistent with the context, words used in the present tense shall include the future; the singular term shall include the plural; and the plural, the singular; the word “shall” is always mandatory and the word “may” denotes a use of discretion.

(Ord. 1308, Amended, 10/15/1991; Ord. 1073, Amended, 08/19/1986; Ord. 1043, Amended, 11/05/1985; Ord. 1016, Amended, 10/02/1984; Ord. 1001, Added, 06/05/1984)

17.04.015 Access panhandle.

“Access panhandle” means a strip of land having a width narrower than that of the lot, tract or parcel to be served thereby and designed for the purpose of providing access to the lot, tract or parcel, being less in width than the minimum lot width allowed under the applicable zoning.

(Ord. 1308, Amended, 10/15/1991; Ord. 489, Added, 11/23/1965)

17.04.020 Agricultural land.

“Agricultural land” means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, or livestock, and that has long-term commercial significance for agricultural production.

(Ord. 1308, Added, 10/15/1991)

17.04.025 Alley.

“Alley” means a public or private right-of-way having a width no greater than twenty feet and no less than ten feet, used primarily as a secondary means of access to residences and/or business establishments.

(Ord. 1308, Amended, 10/15/1991; Ord. 489, Added, 11/23/1965)

17.04.030 Applicant.

“Applicant” means any individual or entity who applies for preliminary plat, short plat, boundary line adjustment, lot consolidation large lot subdivision or binding site plan or any other approval under this title.

(Ord. 1308, Added, 10/15/1991)

17.04.035 Auditor.

“Auditor” means the auditor of Thurston County, Washington.

(Ord. 1308, Amended, 10/15/1991; Ord. 489, Amended, 11/23/1965)

17.04.040 Binding site plan.

“Binding site plan” means a drawing(s) made and approved in accordance with the provisions of TMC Chapter 17.08 which contains inscriptions and attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the city, and which contains provisions requiring any development to be in conformance with the site plan.

(Ord. 1308, Added, 10/15/1991)

17.04.045 Block.

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

(Ord. 1308, Amended, 10/15/1991; Ord. 489, Added, 11/23/1965)

17.04.050 Bond.

“Bond” means a form of insurance or financial security provided to guarantee completion of required improvements or maintenance.

(Ord. 1308, Added, 10/15/1991)

17.04.055 Boundary line adjustment.

“Boundary line adjustment” means a division of land for the purpose of alteration by minor adjustment of boundary lines, between platted or unplatted lots or parcels or both, which does not create any additional lot, tract, parcel, site or division nor create any lot, tract, parcel, site or division which:

A. Contains area and dimension not meeting requirements for width and area for a building site;

B. Violates restrictive covenants contained on the face of a final plat, short plat, binding site plan or other land division;

C. Violates conditions of the preliminary plat, short plat, large lot plat, or other land division approval; or

D. Does not have legal access.

(Ord. O96-008, Amended, 11/05/1996; Ord. 1308, Added, 10/15/1991)

17.04.060 Buffer.

“Buffer” means an area of land or a structure used or created for the purpose of insulating or separating a structure or land use from other land uses or structures, in a manner intended to reduce or mitigate any adverse impacts of one on the other.

(Ord. 1308, Added, 10/15/1991)

17.04.065 Buildable lot.

“Buildable lot” means a lot meeting all of the requirements of size, shape, frontage, sanitation, etc., contained in this title and other ordinances of the city for any specific type of development.

(Ord. 1308, Amended, 10/15/1991; Ord. 489, Added, 11/23/1965)

17.04.070 Building.

“Building” means a structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals, chattels or property of any kind.

(Ord. 1308, Added, 10/15/1991)

17.04.075 Building line.

“Building line” means a line on a land division indicating the limit beyond which any portion of a building, structure, on-site sewage disposal system, etc., may not be placed. Placement of a building line may be voluntary or mandatory.

(Ord. 1308, Amended, 10/15/1991; Ord. 489, Added, 11/23/1965)

17.04.080 Building site.

“Building site” means an area within a lot upon which a building to accommodate the principal use of the lot could be practicably built.

(Ord. 1308, Amended, 10/15/1991; Ord. 489, Added, 11/23/1965)

17.04.085 Capital improvements program.

“Capital improvements program” means a plan approved by the city council for the scheduling and financing of public improvements, buildings and facilities.

(Ord. 1308, Added, 10/15/1991)

17.04.090 City.

“City” means the city of Tumwater, Washington.

(Ord. 1308, Amended, 10/15/1991; Ord. 489, Added, 11/23/1965)

17.04.095 Community facility.

“Community facility” or “community facilities” means stormwater control facilities or open space, park and recreation facilities, or any combination thereof.

(Ord. 1308, Added, 10/15/1991)

17.04.100 Community sewage disposal system.

“Community sewage disposal system” means a system designed to provide on-site treatment of sewage from two or more residential units or businesses.

(Ord. 1308, Added, 10/15/1991)

17.04.105 Comprehensive plan.

“Comprehensive plan” means a plan adopted by the city council in accordance with the Washington State Growth Management Act as a guide to the physical growth and improvements of the city, including modifications or refinements which may be made from time to time. Said plan may include, but is not limited to, the following elements: land use, transportation, capital facilities, utilities, housing, economic development, conservation, parks and recreation, lands for public purposes, essential public facilities, shoreline master program, and additional subjects relating to the physical development of the city.

(Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Amended, 10/15/1991; Ord. 489, Added, 11/23/1965)

17.04.110 Contiguous land.

“Contiguous land” means land which touches on another at any point.

(Ord. 1308, Added, 10/15/1991)

17.04.115 Council.

“Council” means the city council of the city of Tumwater.

(Ord. 1308, Amended, 10/15/1991; Ord. 489, Added, 11/23/1965)

17.04.120 County.

“County” means the county of Thurston, state of Washington.

(Ord. 1308, Amended, 10/15/1991)

17.04.125 Critical areas.

“Critical areas” include the following areas and ecosystems: (A) wetlands; (B) areas with a critical recharging effect on aquifers used for potable water; (C) fish and wildlife habitat conservation areas; (D) frequently flooded areas; and (E) geologically hazardous areas. “Fish and wildlife habitat conservation areas” does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company.

(Ord. O2016-024, Amended, 03/21/2017; Ord. 1308, Amended, 10/15/1991)

17.04.130 Cul-de-sac.

“Cul-de-sac” means a short street terminating in a vehicular turnaround space.

(Ord. 1308, Amended, 10/15/1991; Ord. 489, Added, 11/23/1965)

17.04.135 Date in filing.

“Date in filing” means the date that a complete and accurate application for preliminary plat, short plat, large lot plat, binding site plan or final plat approval is accepted as being complete, including appropriate fees, and is filed with the city.

(Ord. 1308, Added, 10/15/1991)

17.04.140 Declaration of short subdivision.

“Declaration of short subdivision” means a document signed by all persons having any real interest in the land being subdivided and acknowledged before a notary that they signed the same as their free act and deed, and containing, as a minimum, the following elements:

A. A legal description of the tract being divided;

B. An illustrative map;

C. Any restrictive map;

D. A title report or plat certificate;

E. Any special conditions of short subdivision (e.g., approval frontage improvements requirements);

F. Any restrictive covenants;

G. Written findings by the planners, in conformance with RCW 58.17.110.

(Ord. 1308, Amended, 10/15/1991; Ord. 489, Added, 11/23/1965)

17.04.145 Dedication.

“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit.

(Ord. 1308, Amended, 10/15/1991; Ord. 489, Added, 11/23/1965)

17.04.150 Development.

“Development” means the development of land as proposed and/or described in any application for development permit approval submitted to the city.

(Ord. 1308, Added, 10/15/1991)

17.04.155 Developer.

“Developer” means the person, firm or corporation proposing and/or undertaking a development.

(Ord. 1308, Added, 10/15/1991)

17.04.160 Development permit.

“Development permit” means any land use permit which must be approved by the city prior to the development of land. Development permits shall include preliminary plats, short plats, binding site plans, large lot subdivisions and final plats.

(Ord. 1308, Added, 10/15/1991)

17.04.165 Development regulations.

“Development regulations” means any controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances.

(Ord. 1308, Added, 10/15/1991)

17.04.170 Development review committee.

The composition of the DRC is as provided in TMC 14.02.020(F).

(Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Added, 10/15/1991)

17.04.185 Division or phase of development.

“Division or phase of development” means a designated portion of a plat or site plan containing several lots, blocks or tracts.

(Ord. 1308, Added, 10/15/1991)

17.04.190 Driving surface.

“Driving surface” means that portion of a street intended for vehicular travel or parking.

(Ord. 1308, Added, 10/15/1991)

17.04.195 Easement.

“Easement” means a right granted by a property owner to specifically named parties or to the general public for the use of certain areas or strips of land for particular purposes. Where appropriate to the context, easement may also refer to the land covered by the rights granted. This may include pedestrian paths, bicycle paths, utility easements, drainage, open space, etc.

(Ord. 1308, Amended, 10/15/1991; Ord. 489, Added, 11/23/1965)

17.04.200 Final plat.

“Final plat” means the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in Chapter 58.17 RCW and in this title adopted pursuant thereto.

(Ord. 1308, Amended, 10/15/1991; Ord. 489, Added, 11/23/1965)

17.04.205 Forest land.

“Forest land” means land primarily useful for growing trees, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, for commercial purposes, and that has long-term commercial significance for growing trees commercially.

(Ord. 1308, Added, 10/15/1991)

17.04.210 Flooding.

“Flooding” means the inundation of an area of land that is not usually under water.

(Ord. 1308, Amended, 10/15/1991; Ord. 489, Added, 11/23/1965)

17.04.215 Frontage.

“Frontage” means that portion of a right-of-way or easement abutting a lot, parcel, tract or project.

(Ord. 1308, Added, 10/15/1991)

17.04.220 Frontage street.

“Frontage street” means a street which is parallel to and adjacent to a major arterial, providing access to the properties abutting and separating abutting property from high speed vehicular traffic.

(Ord. 1308, Added, 10/15/1991)

17.04.225 Geologically hazardous areas.

“Geologically hazardous areas” means areas that, because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.

(Ord. 1308, Added, 10/15/1991)

17.04.230 Grade.

“Grade” means the change in elevation of an area, usually a roadway, expressed in terms of a percentage.

(Ord. 1308, Added, 10/15/1991)

17.04.235 Health department.

“Health department” means the environmental health division of the Thurston County department of public health and social services department.

(Ord. 1308, Added, 10/15/1991)

17.04.240 Hearing examiner.

“Hearing examiner” means the land use hearing examiner for the city.

(Ord. 1308, Added, 10/15/1991)

17.04.245 Improvements.

“Improvements” means and includes, but is not limited to, streets and roads complying with the development standards and specifications adopted by the city; public utility and pedestrian facilities; street lights; landscape features; bridge structures; storm drainage facilities; and traffic control devices as are required to be installed as a part of subdivision, short subdivision, large lot subdivision or binding site plan approval.

(Ord. 1308, Added, 10/15/1991)

17.04.250 Improvement plans.

“Improvement plans” means those plans prepared by a professional civil engineer for improvements to a lot, parcel, tract, site or street.

(Ord. 1308, Added, 10/15/1991)

17.04.255 Individual sewage disposal system.

“Individual sewage disposal system” means a system designed to provide on-site treatment of sewage from one residential unit or business.

(Ord. 1308, Added, 10/15/1991)

17.04.260 Joint ownership.

“Joint ownership” means ownership by two or more persons, firms, corporations, associations or others.

(Ord. 1308, Added, 10/15/1991)

17.04.265 Land division.

“Land division” means any process by which individual lots, parcels, or tracts are created. Land divisions include, but are not limited to, short plats, long plats, binding site plans, large lot subdivisions, etc.

(Ord. 1308, Added, 10/15/1991)

17.04.270 Large lot subdivision.

“Large lot subdivision” means the division of land into lots or tracts, each of which is one-hundred-twenty-eighth of a section of land or larger, or five acres or larger, if the land is not capable of description as a fraction of a section of land. For purposes of computing the size of any lot under this section which borders on a street, the lot size shall be expanded to include that area which would be bounded by the centerline of the street and the side lot lines of the lot running perpendicular to such centerline.

(Ord. 1308, Added, 10/15/1991)

17.04.275 Long-term commercial significance.

“Long-term commercial significance” includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land’s proximity to population areas, and the possibility of more intense uses of the land.

(Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Added, 10/15/1991)

17.04.280 Lot.

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

(Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Added, 10/15/1991)

17.04.285 Lot consolidation.

“Lot consolidation” means a process used for the purpose of consolidating boundary lines between platted or unplatted lots or both, which does not create any additional lots, tracts, parcels, or sites, and combines them into one building site.

(Ord. 1308, Added, 10/15/1991)

17.04.290 Lot line adjustment/boundary line adjustment.

“Lot line adjustment/boundary line adjustment” means the relocation of a lot line(s) between existing lots which results in no more lots than existed before the adjustment.

(Ord. 1308, Added, 10/15/1991)

17.04.295 Lot improvement.

“Lot improvement” means the placement or construction of structures, roadways or utilities upon a lot or parcel.

(Ord. 1308, Added, 10/15/1991)

17.04.300 Minerals.

“Minerals” include gravel, sand, and valuable metallic substances.

(Ord. 1308, Added, 10/15/1991)

17.04.305 Model home.

“Model home” means a structure or structures constructed to promote the sale, lease or rental of units within a project, and not necessarily intended nor approved for certified occupancy for their intended residential use.

(Ord. 1308, Added, 10/15/1991)

17.04.310 Nonresidential subdivision.

“Nonresidential subdivision” means a subdivision in which no residential structures are allowed.

(Ord. 1308, Added, 10/15/1991)

17.04.315 Off-site.

“Off-site” means areas separate from the project site, not including streets located on the perimeter of the project site.

(Ord. 1308, Added, 10/15/1991)

17.04.320 Official map.

“Official map” means the official zoning map of the city of Tumwater.

(Ord. 1308, Added, 10/15/1991)

17.04.325 Open space.

“Open space” means a parcel of land which meets all of the requirements of TMC 17.12.210, and which is designed and maintained as an area for leisure, recreation, other activities normally carried on outdoors and/or for the preservation of natural areas.

(Amended during 2011 reformat; O96-021, Amended, 12/02/1997; Ord. 1308, Added, 10/15/1991)

17.04.330 Ordinance.

“Ordinance” means a law or group of laws, adopted by the Tumwater city council, following required adoption procedures.

(Ord. 1308, Added, 10/15/1991)

17.04.335 Owner.

“Owner” means the owner of record as determined by the records of the auditor; provided, that the owner under a real estate contract is the purchaser-vendee and the owner of mortgaged property is the mortgagor.

(Ord. 1308, Added, 10/15/1991)

17.04.340 Person.

“Person” means every person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government, or any other group or combination acting as a unit.

(Ord. 1308, Amended, 10/15/1991; Ord. 704, Added, 02/18/1975)

17.04.345 Perimeter street.

“Perimeter street” means a street contiguous to one or more sides of a property, parcel, lot or tract.

(Ord. 1308, Added, 10/15/1991)

17.04.350 Planned unit development.

“Planned unit development” means a unified development approved in accordance with TMC Chapter 18.36.

(Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Added, 10/15/1991)

17.04.355 Planning commission.

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

(Ord. 1308, Added, 10/15/1991)

17.04.365 Plat.

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

(Ord. 1308, Added, 10/15/1991)

17.04.370 Preliminary approval.

“Preliminary approval” means the official action taken on a proposed division of land when provision of improvements or fulfillment of conditions are to occur prior to final approval.

(Ord. 1308, Added, 10/15/1991)

17.04.375 Preliminary plat.

“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing lots, tracts, streets and alleys and other elements of a subdivision consistent with the requirements of this chapter. The preliminary plat shall furnish a basis for the approval or disapproval of the general layout of a subdivision.

(Ord. 1308, Added, 10/15/1991)

17.04.380 Primary arterial.

“Primary arterial” means an arterial street or highway having only limited access. They may or may not be divided. Traffic moves at a high rate of speed with as little interference as possible.

(Amended during 2011 reformat; 1308, Added, 10/15/1991)

17.04.385 Private street.

“Private street” means a privately owned and maintained vehicular access serving property, which is provided for by an access tract, easement, or other legal means.

(Ord. O2022-006, Amended, 08/01/2022; Ord. 1308, Added, 10/15/1991)

17.04.390 Public facilities.

“Public facilities” includes, but is not limited to, streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and open space, recreational facilities, schools, school bus stops, transit centers, and transit stops.

(Ord. O2022-006, Amended, 08/01/2022; Ord. 1308, Added, 10/15/1991)

17.04.395 Public improvements.

“Public improvements” means any improvement or structure, required as a condition of approval, which may be used by the public.

(Ord. 1308, Added, 10/15/1991)

17.04.400 Public services.

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

(Ord. 1308, Added, 10/15/1991)

17.04.405 Professional civil engineer.

“Professional civil engineer” means a civil engineer licensed to practice in the state of Washington.

(Ord. 1308, Added, 10/15/1991)

17.04.410 Professional land surveyor.

“Professional land surveyor” means a land surveyor licensed to practice in the state of Washington.

(Ord. 1308, Added, 10/15/1991)

17.04.412 Recreation, active.

“Recreation, active” means leisure activities, usually performed with others, often requiring equipment and taking place at prescribed places, sites, or fields. The term “active recreation” includes, but is not limited to, swimming, tennis and other court games, baseball and other field sports, golf and playground activities.

(Ord. O2020-015, Added, 02/16/2021)

17.04.413 Recreation facilities.

“Recreation facilities” means public or private facilities for use by the general public such as boat or yacht clubs, docks, swimming pools, athletic clubs, golf and country clubs. Recreation facilities shall not include intensive recreation uses such as racetracks or amusement parks.

(Ord. O2020-015, Added, 02/16/2021)

17.04.414 Recreation, passive.

“Recreation, passive” means low-intensity recreational uses or activities including, but not limited to, viewpoints, unpaved trails, limited picnic facilities, hiking, nature study, photography, and fishing.

(Ord. O2020-015, Added, 02/16/2021)

17.04.415 Reserve strip.

“Reserve strip” means a parcel of ground located usually at the edge of a subdivision for the purpose of restricting access from the end or side of a street.

(Ord. 1308, Added, 10/15/1991)

17.04.420 Right-of-way.

“Right-of-way” means the area between boundary lines of a street, alley or easement.

(Ord. 1308, Added, 10/15/1991)

17.04.425 Roadway.

“Roadway” means that portion of a right-of-way that is improved and maintained for vehicular and/or pedestrian traffic.

(Ord. 1308, Added, 10/15/1991)

17.04.430 Secondary arterial.

“Secondary arterial” means an arterial which provides for movement within the large subparts and may also serve “through traffic” but provides more direct service to abutting land uses than do primary arterials.

(Ord. 1308, Added, 10/15/1991)

17.04.440 Short plat/subdivision.

“Short plat/subdivision” means the division or redivision of land into nine or fewer lots, tracts, parcels, sites or divisions for the purpose of transfer of ownership, sale or lease and its map or representation containing all of the pertinent information as required by this title.

(Ord. O2017-008, Amended, 09/05/2017; Ord. 1308, Added, 10/15/1991)

17.04.445 Street.

“Street” means a public or private right-of-way or easement which provides vehicle access to more than three lots or potential lots.

(Ord. 1308, Added, 10/15/1991)

17.04.450 Street tree.

“Street tree” means a tree planted along the edge of a right-of-way or easement, or just inside the lot or parcel from the right-of-way or easement and is of a variety approved by the city for such placement.

(Ord. 1308, Added, 10/15/1991)

17.04.455 Subdivider.

“Subdivider” means a person who undertakes the subdividing of land or a binding site plan. The subdivider is also referred to as applicant.

(Ord. 1308, Added, 10/15/1991)

17.04.460 Subdivision.

“Subdivision” means the division or redivision of land into ten or more lots, tracts, parcels, sites or divisions, which are less than five acres in area, whether immediate or future, for the purpose of sale, lease or transfer of ownership. This definition applies whether or not there is a dedication involved.

(Ord. O2017-008, Amended, 09/05/2017; Ord. 1308, Added, 10/15/1991)

17.04.465 Subdivision agent.

“Subdivision agent” means that person or persons authorized to act on behalf or the subdivider.

(Ord. 1308, Added, 10/15/1991)

17.04.470 Temporary improvements.

“Temporary improvements” means those improvements or structures constructed or placed for a finite time period as set by ordinance.

(Ord. 1308, Added, 10/15/1991)

17.04.475 Tract or parcel.

“Tract” or “parcel” means a portion of a subdivision having fixed boundaries, not including lot.

(Ord. 1308, Added, 10/15/1991)

17.04.480 Treasurer.

“Treasurer” means the Thurston County treasurer, or his/her authorized agent.

(Ord. 1308, Added, 10/15/1991)

17.04.485 Tumwater coordinate system.

“Tumwater coordinate system” means the horizontal ground scale coordinate system referenced to the Washington Coordinate System as established by the city public works department.

(Ord. 1308, Added, 10/15/1991)

17.04.490 Tumwater datum.

“Tumwater datum” means vertical datum as related to mean sea level, based on 1929 National Geodetic Vertical Datum.

(Ord. 1308, Added, 10/15/1991)

17.04.495 Urban governmental services.

“Urban governmental services” include those governmental services historically and typically delivered by cities, and include storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with nonurban areas.

(Ord. 1308, Added, 10/15/1991)

17.04.500 Urban growth.

“Urban growth” refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources. When allowed to spread over wide areas, urban growth typically requires urban governmental services. “Characterized by urban growth” refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.

(Ord. 1308, Added, 10/15/1991)

17.04.505 Utilities easement.

“Utilities easement” means rights-of-way which may be used by public utilities, including, but not limited to, electricity, water, natural gas, sewer, telephone and television cable for the construction, operation, maintenance, alteration and repair of their respective facilities.

(Ord. 1308, Added, 10/15/1991)

17.04.510 Variance.

“Variance” means an authorization granting relief under the provisions of TMC Chapter 17.28 from the literal enforcement of this title, when special conditions exist or unusual hardship will result therefrom.

(Ord. 1308, Added, 10/15/1991)

17.04.515 Vehicle.

“Vehicle” means a device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including mopeds, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.

(Ord. 1308, Added, 10/15/1991)

17.04.520 Walkway.

“Walkway” means a hard surfaced portion of a street, right-of-way, trail or easement intended for pedestrian use.

(Ord. 1308, Added, 10/15/1991)

17.04.525 Watercourse.

“Watercourse” means the course or route followed by waters draining from the land, formed by nature or man and consisting of a bed, banks, sides and associated wetlands and headwater. A watercourse shall receive surface and subsurface drainage waters and shall flow with some regularity, but not necessarily continuously, naturally and normally, in draining from higher to lower lands. The watercourse shall terminate at the point of discharge into a larger receiving body such as a lake. Watercourse shall include sloughs, streams, creeks and associated wetlands.

(Ord. 1308, Added, 10/15/1991)

17.04.530 Wetlands.

“Wetland” or “wetlands” for the purposes of inventory, incentives, and nonregulatory programs, means those lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For the purposes of this definition, wetlands must have one or more of the following attributes (TMC Chapter 16.28):

A. At least periodically, the land supports predominantly hydrophytes;

B. The substrate is predominantly undrained hydric soil; and

C. The substrate is nonsoil and is saturated with water or covered by shallow water at some time during the growing season of each year.

(Ord. 1308, Added, 10/15/1991)