Chapter 15.02
DEFINITIONS
Sections:
15.02.010 Rules of construction.
15.02.010 Rules of construction.
For purposes of WMC Titles 15 through 19, certain terms or words used in WMC Titles 15 through 19 shall be interpreted as follows:
A. The word “person” includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.
B. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
C. The word “shall” is mandatory; the word “may” is permissive.
D. The word “used” or “occupied” includes the words “intended, designed or arranged to be used or occupied.”
E. The word “lot” includes the words “plot” and “parcel.” [UDC Ord. dated 7/21/1998].
15.02.020 Definitions.
“Access road” means a public street providing vehicular access to the boundary of a parcel of real property being proposed for development.
“Accessory use or structure” means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
“Adult bookstore” means a commercial establishment which has a minimum of twenty (20) percent of its stock in trade in books, magazines or other periodicals distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Such an establishment is customarily not open to the public generally but only to one (1) or more classes of the public, excluding minors by virtue of age. It shall be a refutable presumption that twenty (20) percent of a business’s stock in trade is considered substantial.
Adult Entertainment Establishment. An “adult entertainment establishment” means any business or operation that involves an exhibition or dance by persons that is distinguished or characterized by an emphasis on conduct that depicts, displays or relates to specified sexual activities or specified anatomical areas as defined in this chapter. Such an establishment customarily excludes persons by virtue of age from all or a portion of the premises.
Adult Motion Picture Theater. An “adult motion picture theater” is an enclosed building used for presenting motion picture films, videocassettes, cable television or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. This term includes outdoor drive-in theaters or structures which present similar films, movies or other visual media depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
“Adult uses” shall include adult motion picture theaters, adult drive-in theaters, adult bookstores and adult entertainment establishments.
“Agriculture” means the use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, and the necessary accessory uses for storing produce; provided, however, that the operation of any such accessory use shall be incidental to that of normal agricultural activities; and provided further, that such uses shall not include the commercial feeding of garbage or refuse to swine or other animals.
“Alley” or “lane” means a public or private way not more than thirty (30) feet wide affording only secondary means of access to abutting property.
“Apartment” means a dwelling unit in a multifamily building.
Apartment House (Multifamily Dwelling). “Apartment house” means any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied, as the home or residence of three (3) or more families living independently of each other and doing their own cooking in such building, and shall include flats and apartments.
“Arts and crafts production” means the creation of objects requiring a special skill or craftsmanship in the manual arts.
“Automobile repair” includes fixing, incidental body or fender work, changing of automobile fluids, painting, upholstering, engine tune-up, adjusting lights or brakes, or supplying and installing replacement parts of or for passenger vehicles and trucks.
“Automobile service station” or “gasoline filling station” means a building or lot having pumps and storage tanks where fuels, oils or accessories for motor vehicles are dispensed, sold or offered for sale at retail only, repair service is incidental and no storage or parking space is offered for rent.
“Automobile wrecking” or “motor vehicle wrecking” means the dismantling or disassembling of motor vehicles or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts.
“Basement” means that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is more than the vertical distance from grade to ceiling.
“Binding site plan” is a to-scale drawing which: identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations; contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of land; and contains provisions making any development be in conformity with the site plan; processed pursuant to WMC Title 17 and which has been approved by Town Council.
“Block” is a group of lots, tracts or parcels entirely surrounded by public streets, public lands, railroad rights-of-way, watercourses, or other well defined and fixed boundaries.
“Boarding or lodging home” means a dwelling or part thereof, other than a motel or hotel, where lodging, with or without meals, is provided, for compensation, for not more than three (3) persons.
“Building” means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property of any kind.
“Building code” means the Uniform Building Code promulgated by the International Conference of Building Officials, as adopted in WMC 19.01.010.
“Building height” means the vertical distance from the grade at the front of the building to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the average height of the highest gable of a pitch or hip roof.
“Building Official” means that person appointed by the Mayor to supervise and monitor the application and enforcement of the building code.
“Canopy” means a roof-like projection.
Cocktail Lounge. See definition of “tavern.”
Collector Arterial. Unless otherwise defined by the Town’s transportation plan, a “collector arterial” is a public street whose function is to collect traffic from neighborhoods and local streets and which connects to another public street of equal or greater classification. A collector arterial also may provide direct access to adjacent properties.
“Combining district” means district regulations superimposed on an underlying zoning district which impose additional regulations for specific uses, and which are valid for a stipulated time period. Uses permitted by the underlying zone may also be developed.
“Commercial unit” means any building or facility used for any purpose other than dwelling, except industrial.
“Common open space” means a parcel of land or an area of water or a combination of land and water within the site designated for a planned unit development, and designed and intended primarily for the use or enjoyment of the residents of such development.
“Comprehensive Plan” means the plans, maps and reports which have been adopted by the Town Council in accordance with Chapter 35.63 RCW or RCW Title 35A.
“Conditional use” means a use permitted in a zoning district only after review and approval by the Town Council. Conditional uses are such that they may be compatible only on certain conditions in specific locations in a zoning district, or if the site is regulated in a certain manner.
“County road” is a road maintained for public travel by Pierce County.
Creeks, Rivers, Major. The following are major creeks identified by the Town:
1. Wilkeson Creek.
Creeks, Minor. “Minor creeks” means all creeks other than major creeks and generally conforming to following criteria: a course or route as formed by nature, or as altered by human activity, and generally consisting of a channel with a bed, banks or sides substantially throughout its length along which surface waters, with some regularity, naturally and normally flow or drain from high to lower lands.
“Crop and tree farming” means the use of land for horticultural purposes.
“Cul-de-sac” is a dead-end street of limited length having a primary function of serving adjoining land, and constructed with a turnaround at its end.
“Dangerous building” means any building or structure deemed to be dangerous under subsection 3 B of the Dangerous Buildings Code.
“Dangerous wastes” means those wastes designated in WAC 173-303-070 through 173-303-103 as dangerous wastes. This may include any discarded, useless, unwanted or abandoned substances, including but not limited to certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife or the environment because such wastes or constituents or combinations of such wastes:
1. Have short-lived toxic properties that may cause death, injury or illness or have mutagenic, teratogenic or carcinogenic properties; or
2. Are corrosive, explosive or flammable, or may generate pressure through decomposition or other means.
A moderate risk waste is not dangerous waste.
“Dedication” is 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 Town shall be evidenced by the approval of such plat for filing by the Town Council.
“Dedication plat” is a plat which indicates property to be dedicated for public right-of-way or land for public use.
“Designated zone facility” means any hazardous waste facility that requires an interim or final status permit under rules adopted under Chapter 70.105 RCW and Chapter 173-303 WAC, and that is not a preempted facility as defined in RCW 70.105.010 or in Chapter 173-303 WAC. A hazardous waste treatment or storage facility is a designated zone facility.
“Development” is any subdivision, short subdivision, rezone, construction requiring a building permit or conditional use permit or other project requiring a land use permit or approval from the Town.
“Development plan” means a plan drawn to scale, indicating the proposed use, the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location on the lot of the proposed building or alteration, yards, setbacks, landscaping, off-street parking, ingress and egress, and signs.
“Development standards” means regulations including but not limited to setbacks, landscaping, screening, height, site coverage, signs, building layout, drainage, parking and site design and related features of land use.
“Discontinuance” means the abandonment or nonuse of a building, structure, sign or lot for a period of six (6) months.
“District” means an area designated by WMC Title 17, with specific boundaries, in which lie specific zones, which zones are described in WMC Title 17.
“Dock-high loading areas” means truck maneuvering areas and loading or unloading areas associated with loading doors that are located above the finish grade.
“Drainage ditch” means a manmade channel with a bed, bank or sides which discharges waters into a major or minor creek, lake, pond or wetland.
“Dripline” means a circle drawn at the soil line directly under the outermost branches of a tree.
“Drive in restaurant” means a restaurant facility which contains a terminal through which customers in motor vehicles may purchase food while remaining inside of their vehicles.
“Duplex” means a detached building containing two (2) dwelling units, each with a kitchen, designed for and occupied by two (2) families living independently of each other in separate dwelling units.
Dwelling, Single-Family. “Single-family dwelling” means a building designed or used for residential purposes by not more than one (1) family and containing one (1) dwelling unit only, including mobile homes when located in a mobile home park, and designated manufactured homes, and including condominium units subject to fee simple ownership, and excluding multiple-family dwellings, apartments and motels.
Dwelling, Two (2) Family. “Two (2) family dwelling” means a detached residential building containing two (2) dwelling units, designed for occupancy by not more than two (2) families.
Dwelling, Multiple-Family. “Multiple-family dwelling” means a residential building designed for or occupied by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided.
“Dwelling unit” means one (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure or on the same property, and containing independent cooking and sleeping facilities.
“Easement” is a nonownership interest in land; a grant by a property owner to specific persons or to the public for a specific purpose or purposes such as ingress, egress and for utilities.
Equivalent Dwelling Unit (EDU). “Equivalent dwelling unit” means any residential or nonresidential use which has been found to place a demand on the Town’s sewerage system or water system approximately equal to the demand thereon by a single-family dwelling.
“Erosion hazard areas” include areas that because of natural characteristics, including vegetative cover, soil texture, slope, gradient, and rainfall patterns, or manmade changes to such characteristics, are vulnerable to erosion. Erosion hazard areas are those areas that have a severe or very severe erosion potential as detailed in the soil description contained in the “Soil Survey of Pierce County Area, Washington,” 1979, Soil Conservation Service, USDA.
“Extremely hazardous waste” means those wastes designated in WAC 173-303-070 through 173-303-103 as extremely hazardous wastes. This may include any dangerous waste which:
1. Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form:
a. Presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic makeup of man or wildlife; and
b. Is highly toxic to man or wildlife.
2. Is disposed of at a hazardous waste disposal site in such quantities as would present an extreme hazard to man or the environment.
“Family” means one (1) or more individuals related by blood or legal familial relationship, or a group of not more than six (6) persons who need not be related by blood or a legal familial relationship, living together in a dwelling unit as a single, nonprofit housekeeping unit, excluding class II and III group homes as defined in this section.
Fence, One Hundred (100) Percent Sight-Obscuring. “One hundred (100) percent sight-obscuring fence” means a fence constructed of solid wood, metal or other appropriate material which totally conceals the subject use from adjoining uses at six (6) feet above the base of the fence line, at twenty (20) feet from the subject property line.
Fence, Sight-Obscuring. The minimum for a “sight-obscuring fence” is a chain link fence with woven slats in every row or available space of the fence.
“Final plat” is the final drawing of a subdivision and, as applicable, dedication, prepared for filing for record with the County Auditor and containing all elements and requirements set forth in Chapter 58.17 RCW and WMC Title 16.
“Flag lot” is a tract or lot of land of uniform dimensions in which the portion fronting on a street is less than the required minimum width for construction of a building or structure on that lot but leads from the access point to a lot with proper dimensions for building.
Frontage, Building or Occupancy. “Building or occupancy frontage” means the length of that portion of a building or ground floor occupancy which abuts a street, publicly used parking area or mall appurtenant to such building or occupancy, expressed in lineal feet and fractions thereof.
Garage or Carport, Private. “Private garage or carport” means a building, or a portion of a building, principally for vehicular equipment such as automobiles, boats, etc., not more than one thousand (1,000) square feet in area, in which only motor vehicles used by the tenants of the buildings on the premises are stored or kept.
“General conditional uses” means uses described in WMC 17.07.030. Such uses shall be deemed conditional uses in all districts.
“Grade” means the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five (5) feet distant from such wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than five (5) feet distant from such wall. In case walls are parallel to and within five (5) feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk, alley or public way.
“Grading permit” means the permit required under Chapter 70 of the Uniform Building Code.
“Gross floor area” means the area included within the surrounding exterior walls of a building expressed in square feet and fractions thereof. The floor area of a building not provided with surrounding exterior walls shall be the usable area under the horizontal projections of the roof or floor above.
“Ground cover” means low-growing vegetative materials with a mound or spreading manner of growth that provides solid cover within two (2) years after planting. Examples include sod or seed lawn, ivy, junipers, cotoneaster, etc.
Group Home.
1. “Class I group home” means publicly or privately operated residential facilities such as State-licensed foster homes and group homes for children; group homes for individuals who are developmentally, physically or mentally disabled; group homes or halfway houses for recovering alcoholics and former drug addicts; and other groups not considered within class II or III group homes.
a. Group Home, Class I-A. A class I-A group home shall have a maximum of seven (7) residents including resident staff.
b. Group Home, Class I-B. A class I-B group home shall have a maximum of ten (10) residents including resident staff.
c. Group Home, Class I-C. The number of residents for a class I-C group home will be based upon the density of the underlying zoning district.
2. “Class II group home” means publicly or privately operated residential facilities for juveniles under the jurisdiction of the criminal justice system. These homes include State-licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, and halfway houses providing residence to juveniles needing correction or for juveniles selected to participate in State-operated work release and pre-release programs. The Planning Director shall have the discretion to classify a group home proposing to serve juveniles convicted of the offenses listed under class III group home in this section as a group home class III, and any such home shall be sited according to the regulations contained within the group III classification.
a. Group Home, Class II-A. A class II-A group home shall have a maximum of eight (8) residents including resident staff.
b. Group Home, Class II-B. A class II-B group home shall have a maximum of twelve (12) residents including resident staff.
c. Group Home, Class II-C. A class II-C group home shall have a maximum of eighteen (18) residents including resident staff.
3. “Class III group home” means privately or publicly operated residential facilities for adults under the jurisdiction of the criminal justice system who have entered a pre- or post-charging diversion program, or been selected to participate in State-operated work/training release or other similar programs. Such groups also involve individuals who have been convicted of a violent crime against a person or a crime against property with a sexual motivation and convicted or charged as a sexual or assaultive violent predator.
“Guest cottage” means an accessory, detached dwelling without any kitchen facilities designed for and used to house transient visitors or nonpaying guests of the occupants of the main building.
“Half-width street” means any public or private street right-of-way or easement which is less than the full required width specified in this chapter, and which is established so that the additional half-width right-of-way or easement may be provided at a later date to complete a full-width roadway.
“Hazardous substance” means any liquid, solid, gas or sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as described in rules adopted under Chapter 70.105 RCW or in WAC 173-303-090, 173-303-100, 173-303-101, 173-303-102 or 173-303-103.
“Hazardous substance facility buffer zone” means a setback area between the hazardous substance land use facility boundary and the nearest point of the hazardous substance land use property line, necessary to provide added protection to adjacent land uses or resources of beneficial use. All hazardous waste treatment and storage facilities must maintain at least a fifty (50) foot buffer zone.
“Hazardous substance land use” means any use which is permitted under WMC Title 17 and which includes a designated zone facility or the processing or handling of a hazardous substance.
“Hazardous substance land use facility” means the projected line enclosing the area of all structures and lands on which hazardous substance land use activities occur, have occurred in the past or will occur in the future. This does not include the application of products for agricultural purposes.
Hazardous Substance, Processing or Handling Of. “Processing or handling of a hazardous substance” means the compounding, treatment, manufacture, synthesis, use or storage of hazardous substances in excess of the following amounts in bulk quantities: five thousand (5,000) pounds of solid hazardous substances, five hundred (500) gallons of liquid hazardous substances, and six hundred fifty (650) cubic feet of gaseous hazardous substances.
“Hazardous waste” means any dangerous and extremely hazardous waste, including substances composed of radioactive and hazardous components. A moderate risk waste is not a hazardous waste.
“Hazardous waste facility” means the contiguous land and structures, other appurtenances and improvements on the land used for recycling, storing, treating, incinerating or disposing of hazardous waste.
“Hazardous waste storage facility” means any designated zone facility which holds hazardous waste for a temporary period not to exceed five (5) years; this does not include accumulation of hazardous waste by the generator on the site of generation, as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201.
“Hazardous waste treatment facility” means any designated zone facility which processes hazardous waste by physical, chemical or biological means to make such waste nonhazardous or less hazardous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume.
Hazardous Waste Treatment or Storage Facility, Off-Site. “Off-site hazardous waste treatment or storage facility” means any hazardous waste treatment or storage facility which treats or stores wastes that are generated off the site.
Hazardous Waste Treatment or Storage Facility, On-Site. “On-site hazardous waste treatment or storage facility” means any hazardous waste treatment or storage facility which treats or stores only those wastes that are generated on the site.
“Highest shade-producing point” means the point of a structure which casts the longest shadow at noon on January 21st.
“Home occupation” means any use customarily carried on within a dwelling by the inhabitants thereof, which use is incidental to the residential use and not primarily considered as a business and which complies with the conditions of WMC 17.07.040.
“Homeowners’ association” means an incorporated, nonprofit organization operating under recorded land agreements through which (1) each lot owner is automatically a member, and (2) each lot is automatically subject to a charge for a proportionate share of the common property, and (3) a charge, if unpaid, becomes a lien against the property.
“Hotel” means any building containing six (6) or more guest rooms which are intended or designed to be used or which are used, rented or hired out to be occupied for sleeping purposes by guests.
“Impervious surface” means that hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions preexistent to development, or that hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions preexistent to development. Common impervious surfaces include but are not limited to rooftops, concrete or asphalt paving, paved walkways, patios, driveways, parking lots or storage areas, and oiled, macadam or other surfaces which similarly impede the natural infiltration of surface water.
“Industrial user” means a nonresidential user of the public sewer which discharges a waste that is distinct from sanitary sewage, resulting in an industrial waste.
“Industrial waste” means any liquid, solid or gaseous material or combination thereof resulting from any process of industry, manufacturing, commercial, food processing, business, agriculture, trade or research, including, but not limited to, development, recovering or processing of natural resources and:
1. Has a concentration of biochemical oxygen demand (BOD) and suspended solids (SS) in excess of two hundred (200) milligrams per liter per average work day; or
2. Has a discharge containing cadmium, chromium, copper, lead, zinc, silver or similar toxic substances; or
3. Is found by the Town, State Department of Ecology or United States Environmental Protection Agency to have a significant impact on the wastewater treatment system; or
4. Has a discharge flow of ten thousand (10,000) gallons or more per average work day.
“Interior court” means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three (3) or more sides by walls of a building.
“Junkyard” means a place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including auto and motor vehicle wrecking yards, house wrecking yards, used lumber yards and yards for use of salvaged house wrecking and structural steel materials and equipment.
“Kennel” means any fenced lot and/or structure on which four (4) or more dogs or cats over six (6) months of age are kept for breeding, sale, training, boarding or sporting purposes, or are cared for or kept for any purpose other than as a pet.
“Lake” means a natural or artificial body of water of two (2) or more acres or where the deepest part of the basin at low water exceeds two (2) meters (six and six-tenths (6 6/10) feet). Artificial bodies of water with a recirculation system approved by the Public Works Director are not included in this definition.
“Landscaping” means vegetative cover including shrubs, trees, flowers, seeded lawn or sod, ivy and other similar plant material.
Landslide Areas. “Landslide hazard areas” include areas potentially subject to landslides based upon the following combination of geologic, topographic and hydrologic factors:
1. Areas of historic failure.
2. Areas with all three (3) of the following characteristics:
a. Slopes of twenty-five (25) percent gradient or greater;
b. Hillsides intersecting geologic contacts with a relatively permeable sediment overlaying a relatively impermeable sediment or bedrock; and
c. Springs or groundwater.
3. Slopes that are parallel or subparallel to planes or weak in subsurface materials.
4. Privately owned areas with slopes that have gradients greater than eighty (80) percent subject to rock fall during seismic shaking.
5. Areas potentially unstable as a result of rapid stream incision, stream bank erosion and undercutting by wave action.
6. Areas located in a canyon or an active alluvial fan presently or potentially subject to one (1) percent or greater chance of inundation by debris flows or catastrophic flooding.
7. Areas with slope gradients of forty (40) percent or greater not composed of consolidated rock. These will be of at least ten (10) feet of vertical relief.
“Local access” means a street whose primary function is to provide direct access to adjoining properties and which serves a limited area only, usually a neighborhood.
Loop. A “loop” is a street of limited length forming a loop, having a beginning and ending on the same street, having no other intersecting street, and having as its primary function the provision of direct access to adjoining properties.
Lot. A “lot” is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are required in WMC Title 17. Such lot shall have frontage on an approved street, and may consist of:
1. A single lot of record;
2. A portion of a lot of record;
3. A combination of complete lots of record and portions of lots of record;
4. A parcel of land described by metes and bounds; provided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of WMC Title 17.
Lot, Corner. “Corner lot” means a lot abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees within the lot lines.
“Lot frontage” means the front of a lot shall be that portion nearest the street. The user of a corner lot has the option of determining which part of the lot fronting on a street shall become the lot frontage, but the entrance shall be in the front.
“Lot lines” means the property lines bounding the lot.
Lot Measurements.
1. Depth of a lot shall be considered to be the distance between the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
2. Width of a lot shall be considered to be the distance between the side lines connecting front and rear lot lines; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty (80) percent of the required lot width, except in the case of lots on the turning circle of cul-de-sacs, where the eighty (80) percent requirement shall not apply.
“Lot of record” means a lot which is part of a subdivision recorded in the office of the County Assessor, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
Lot, Riverfront. “Riverfront lot” means any lot or land parcel which is adjacent to Wilkeson Creek, a riverfront road, or a riverfront park.
Lot, Through. “Through lot” means a lot that has both ends fronting on a street. Either end may be considered the front.
“Lot width” is the distance between side lot lines measured at the regulatory/required front building line.
Major Arterial. Unless otherwise defined by the Town’s transportation plan, a “major arterial” is a street connecting two (2) or more towns or communities, connecting two (2) highways of equal or greater capacity, or serving as the primary access to a large land area. A major arterial may also serve a large traffic generator (e.g., an industrial area) and perform a secondary function of providing local access.
“Major nonconforming building or structure” means any nonconforming building or structure located on a parcel which at any point borders or is in a residential district and which is not in compliance with the minimum development standards of the district in which it is located.
Manufactured Home.
1. A “designated manufactured home” is a manufactured home constructed after June 15, 1976, in accordance with State and Federal requirements for manufactured homes, which:
a. Is comprised of at least two (2) fully enclosed parallel sections each not less than twelve (12) feet wide by thirty-six (36) feet long;
b. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch; and
c. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences.
2. “New manufactured home” means any manufactured home required to be titled under RCW Title 46, which has not been previously titled to a retail purchaser, and is not a “used mobile home” as defined in RCW 82.45.032(2).
“Manufacturing” means the making of goods and articles by hand or machinery on a large scale and with division of labor.
“Minor nonconforming building or structure” means any nonconforming building or structure which is not a major nonconforming structure and which is not in compliance with the minimum development standards of the district in which it is located.
“Mixed use building or structure” means a building that contains two (2) or more separate and distinct uses permitted in the zoning district where such building is located.
“Mixed use development” shall mean two (2) or more permitted uses or conditional uses developed in conjunction with one another on the same site.
“Mobile home park” means a lot, parcel or tract of land, improved or unimproved, under the ownership or management of one (1) or more persons, which is utilized as the location for six (6) or more mobile/manufactured homes for dwelling or sleeping purposes.
“Moderate risk waste” means those wastes defined in WAC 173-303-040 as moderate risk wastes. This may include any waste that exhibits any of the properties of hazardous waste but is exempt from regulation under Chapter 70.105 RCW solely because the waste is generated in quantities below the threshold for regulation, and any household waste which is generated from the disposal of substances identified by the Department of Ecology as hazardous household substances.
“Modification” is a grant of relief from the strict requirements of WMC Titles 15 through 19 which permits construction in a manner that would otherwise be prohibited by WMC Titles 15 through 19; a minimal relaxation or modification of the strict terms of WMC Titles 15 through 19 as applied to specific property when, because of particular physical surroundings, shape, or topographical condition of the property, compliance would result in practical difficulty; or a grant of relief from the strict requirements of WMC Titles 15 through 19 due to a proposed project not being able to meet specifically identified Comprehensive Plan policies and objectives.
“Motel,” “hotel,” “motor hotel,” and “bed and breakfast” mean a building or group of buildings comprising sleeping or living units for the accommodation of guests for compensation.
“M.U.T.C.D.” means the Manual of Uniform Traffic Control Devices for streets and highways as adopted by the Washington State Department of Transportation, current edition.
“Natural or native areas” means all or portions of a parcel of land undisturbed by development and maintained in a manner which preserves the indigenous plant materials.
“Neighborhood access” means a street whose primary function is to provide direct access to adjoining properties but which also provides for traffic circulation within and through a neighborhood.
“Net acreage” means the buildable area after the area of street rights-of-way and easements has been subtracted.
“Noncommercial gardens” are gardens that are planted and cultivated for the production of fruits and vegetables. “Noncommercial gardens” also means gardens that are planted with shrubs, trees, plants, and grasses, and maintained for aesthetic purposes where no fee or charge is made for the public to enter the premises.
“Nonconforming lot of record” means any validly recorded lot which at the time it was recorded fully complied with the applicable laws and ordinances but which does not fully comply with the lot requirements of WMC Titles 15 through 19.
“Nonconforming sign” means any sign which is not in full compliance with the regulations of the Wilkeson Municipal Code as amended.
“Nonconforming use” means the use of land, a building or a structure lawfully prior to WMC Titles 15 through 19 which does not conform with the use regulations of the district in which it is located on the effective date of such use regulations.
“Nonconformity” means any land use, structure, lot of record or sign legally established prior to the effective date of WMC Titles 15 through 19 or subsequent amendment to it which would not be permitted by or is not in full compliance with the regulations of WMC Titles 15 through 19.
“North-south lot dimension” means the average distance between lines from the corners of the northern lot line south to a line drawn east-west and intersecting the southernmost point of the lot.
“Nursery school or day care center” means a building or structure in which an agency, person or persons regularly provide care for a group of children for periods of less than twenty-four (24) hours a day. Nursery school or day care centers include family day care homes, out-of-home child mini-day-care centers and child day care centers regulated by the Washington State Department of Social and Health Services.
“Occupancy” means the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.
“Official map” means maps showing the designation, location and boundaries of the various districts which have been adopted and made a part of WMC Title 17.
“Open green area” means landscaped areas and areas of natural or native vegetation.
“Ordinary high-water mark,” on the streams, marshes and swamps, is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on the effective date of WMC Titles 15 through 19, or as it may naturally change thereafter; provided, that in any area where the ordinary high-water mark cannot be found the ordinary high-water mark shall be the line of mean high water.
“Outside storage” means all or part of a lot which is used for the keeping of materials or products in an open, uncovered yard or in an unwalled building. Such materials shall not be for general public consumption or viewing. Such materials shall include tractors, backhoes, heavy equipment, construction materials and other similar items which detract from the appearance of the zone in which they are located.
Parking Space or Parking Stall. A “parking space” is any off-street space intended for the use of vehicular parking, with ingress or egress to the space easily identifiable.
Parking, Temporary. “Temporary parking” means parking facilities specifically designed to accommodate vehicles and intended for public use for a period of not more than five (5) days. Temporary parking shall not be in lieu of specified off-street parking as required in Chapter 17.04 WMC pertaining to off-street parking and loading requirements.
“Performance standards” means regulations for the control of dangerous or objectionable elements, as defined in Chapter 17.07 WMC.
“Person” includes firms, corporations, associations and agents of persons.
“Planned unit development” is a development built under those provisions of Chapter 17.03 WMC which permit departures from the conventional siting, setback and density requirements of other sections of WMC Title 17 in the interest of achieving superior site development, creating open space and encouraging imaginative design by permitting design flexibility.
“Planning Commission” is the Wilkeson Planning Commission, as created per the Wilkeson Municipal Code.
“Planning Director” means a person designated by the Mayor of the Town to carry out all duties related to planning.
“Pond” means an area permanently inundated by water in less than two (2) acres in area as measured at the ordinary high water mark.
“Preempted facility” means any hazardous waste facility defined as a preempted facility in RCW 70.105.010 or in Chapter 173-303 WAC. This may include any facility that includes as a significant part of its activities any of the following hazardous waste operations: (1) landfill, (2) incineration, (3) land treatment, (4) surface impoundment to be closed as a landfill, or (5) waste pile to be closed as a landfill.
“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this title. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.
“Private street” means a street not maintained by the Town, the County nor the Washington State Department of Transportation.
“Public street” means a street maintained by the Town, the County or the Washington State Department of Transportation.
“Ravine” means an area constituting a “young valley” which contains a major or minor creek. It includes the bottom land of the ravine and the ravine sidewalls to a point where the slopes are less than fifteen (15) percent.
Recreational Vehicle.
1. “Recreational vehicles” means motorized vehicles that include a cabin for living accommodations and are commonly used for recreational travel and touring. Vehicles included in this category come in several forms: travel trailers, tent trailers and camping trailers, all of which must be towed by a car or pickup truck; and truck campers, motor homes and camper vans, all of which have the motor within the body of the vehicle.
2. Recreational vehicles may also include any motorized or nonmotorized vehicle, boat, boat trailer or other vehicle to be used for recreational purposes.
“Reservation” is a method of holding land for future public use by dedicating public areas on a subdivision plat.
“Resubdivision” is the further division of a lot or lots within a subdivision previously approved and recorded.
“Revegetation” means the planting of vegetation to cover any land areas which have been disturbed during construction. This vegetation shall be maintained to ensure its survival and shall be consistent with planting requirements of the Town landscape regulations as set out in Chapter 17.06 WMC.
“Roadside” means the portion of an easement or right-of-way lying on either side of the roadway, including curbs, sidewalks and ditches.
“Roadside stand” means a temporary structure designed or used for the display or sale of agricultural products primarily produced on the premises upon which such a stand is located.
“Roadway” means the improved portion of an easement or right-of-way, excluding curbs, sidewalks and ditches.
“Secondary arterial” is a public street connecting two (2) or more roads of equal or greater classification, or connecting two (2) or more communities. A secondary arterial may serve as an alternate route to higher classified road or a traffic generation of medium importance, and serves an additional function of land service.
“Seismic hazard areas” include areas subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction or surface faulting.
“Service uses or activities” means a business which sells the knowledge or work of its people rather than a tangible product.
Setback, Average. The “average setback” is the mean or average depth of yard (setback) measured from the property line to the building. The average setback is computed along the full length of the property line, utilizing a designated property depth.
“Shopping center” means a retail shopping area designed as a unit, which utilizes a common parking area.
“Short plat/short subdivision” means a map of a short subdivision, together with written certificates, dedications where appropriate, and data. Short plats are those that can be administratively approved in an expedited fashion by the Planning Director.
“Sidewalk” means a hard surfaced pedestrian access area adjacent to or within the right-of-way of a public road.
“Sign” means any structure, device, letter, figure, character, poster, picture, trademark or reading matter which is used or designed to announce, declare, demonstrate, display or otherwise identify or advertise, or attract the attention of the public. However, a sign shall not include the following:
1. Official notices authorized by a court, public body or public officer.
2. Direction, warning or information sign authorized by Federal, State or municipal authority.
3. The official flag, emblem or insignia of a government, school or religious group or agency.
4. A memorial plaque or tablet, or cornerstones indicating the name of a building and date of construction, when cut or carved into any masonry surface or when made of bronze or other incombustible material and made an integral part of the building or structure.
Sign, Abandoned. “Abandoned sign” means any sign which has been deserted and its effective use terminated, and which no longer fulfills the purpose for which it was constructed.
Sign, Advertising. “Advertising sign” means a sign which directs attention to a business, commodity or service or entertainment sold or offered elsewhere than on the premises and only incidentally on the premises.
“Sign area” means the total area of all faces of a sign expressed in square feet. Area is measured from the outside perimeters, including backup, molding, framing, decorative scrollwork, etc. The area of a group of individual mounted letters or figures shall be the area of the geometric form necessary to enclose the group of letters or figures.
Sign, Business. “Business sign” means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered on the premises.
Sign, Canopy. “Canopy sign” means a sign attached to the underside of a canopy.
Sign, Construction. “Construction sign” means a temporary sign placed in advance of occupancy of a building or structure indicating the name of the building or structure, the architects, the contractors and other information regarding the building or structure.
Sign, Directional or Informational. “Directional or informational sign” means a sign designated to guide or direct pedestrians or vehicles.
Sign, Flashing. “Flashing sign” means an illuminated sign with action or motion, or light or color changes.
Sign, Freestanding. “Freestanding sign” means a sign standing directly upon the ground or having one (1) or more supports standing directly upon the ground, and being detached from any building or structure.
Sign, Gate or Entrance. “Gate or entrance sign” means a sign attached or adjacent to an entranceway of a residential site or subdivision, which identifies the site or subdivision.
“Sign height” means the distance from ground level to the highest point on the sign structure.
Sign, Identification. “Identification sign” means a sign used only for the purpose of identifying the occupancy of a building, structure or property.
Sign, Illuminated. “Illuminated sign” means a sign designed to give forth any artificial light or reflect such light from an artificial source.
Sign, Indirectly Illuminated. “Indirectly illuminated sign” means an illuminated nonflashing sign whose illumination is derived entirely from an external artificial source and which is so arranged that no direct rays of light are projected form such artificial source into residences or the street.
Sign, Institutional. “Institutional sign” means a sign used only for the purpose of identifying an institution.
Sign, Off-Premises. “Off-premises sign” means a sign not located on or supported by a structure not located on the same premises as the business, product, service or activity being identified or advertised by such sign or an advertising sign.
Sign, On-Premises. “On-premises sign” means a sign identifying a business, product, service or activity conducted or sold on the same premises as that on which the sign is located.
Sign, Painted. “Painted sign” means a sign which is painted on any office, wall, window, fence or structure of any kind.
Sign, Political. “Political sign” means a sign advertising a candidate for political office or a measure scheduled for election.
Sign, Portable. “Portable sign” means a sign which is not permanently affixed to the ground or to a building or structure and which may be easily moved.
Sign, Projecting. “Projecting sign” means a sign affixed to the exterior wall of a building or structure with the exposed faces perpendicular to the plane of such wall.
Sign, Roof. “Roof sign” means a sign attached to a building which projects above the structure of the building. This definition refers to the architectural unity of a building or structure.
Sign, Rotating. “Rotating sign” means a sign containing moving parts.
Sign, Subdivision. “Subdivision sign” means a sign erected and maintained within the boundaries of a recorded subdivision and indicating the name of the subdivision, the name of the contractor or subdivider and the name of the owner or agent, and giving information regarding directions, price or terms.
Sign, Temporary. “Temporary sign” means a sign intended to advertise community or civic projects, real estate for sale or lease or other special events on a temporary basis.
Sign, Wall. “Wall sign” means a sign affixed to the exterior wall of a building or structure with the exposed face of the sign on a plane parallel to the plane of such wall.
Sign, Window. “Window sign” means a sign painted on, affixed to or placed in an exterior window with the exposed face of the sign on a plane parallel to the plane of such window.
Single-Family District. A single-family zoning district is a zoning district with any of the following designations: single-family residential SF-1, SF-2 and SF-3.
“Site coverage” means that portion of a lot covered by buildings or structures.
“Slope line” is defined as the line perpendicular to the contour lines crossing the property. The precise bearing or heading of the slope line shall be determined by the Planning Director.
“Solid waste incinerator” means the processing of solid wastes by means of pyrolysis, refuse-derived fuel or mass incineration within an enclosed structure. These processes may include the recovery of energy resources from such waste or the conversion of the energy in such wastes to more useful forms or combinations thereof. This definition refers to Townwide or regional-scale operations and does not include solid waste incineration which is accessory to an individual principal use.
“Special permit” means a permit issued for uses permitted in a district provided such use meets the standards as required for such use.
“Special provisions” means road construction requirements peculiar to a specific project and which are not otherwise thoroughly or satisfactorily detailed and set forth in the standard specifications.
“Special trees” means trees significant due to their size, age, species and variety, or historical importance.
“Specified anatomical areas” means:
1. Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
“Specified sexual activities” means:
1. Human genitals in a state of sexual stimulation or arousal.
2. Acts of human masturbation, sexual intercourse or sodomy.
3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
“Stacking space” means the space specifically designated as a waiting area for vehicles whose occupants will be patronizing a drive-in business. Such space is considered to be located directly alongside a drive-in window, facility or entrance used by patrons and in lanes leading up to and away from the business establishment.
“Standard specifications” means those specifications adopted for street construction by the Town.
“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than six (6) feet above grade for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade at any point, such basement, cellar or unused underfloor space shall be considered as a story.
Street and Road. “Street” means a public or private right-of-way or easement thirty (30) feet or more in right-of-way width which provides vehicle access to more than three (3) lots or potential lots. “Street” and “road” are terms used interchangeably and mean the same.
“Structure” means that which is built or constructed, or an edifice or building of any kind or any piece of work composed of parts joined together in some definite manner, and includes posts for fences and signs, but does not include mounds of earth or debris.
“Subdivider” is a person, including a corporate person, who undertakes to create a subdivision.
“Subdivision” is the division or redivision of land into five (5) or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease or transfer of ownership, except for those divisions or redivisions meeting the definition of “short subdivision” contained in this chapter.
“Survey discrepancy” is a boundary hiatus, an overlapping boundary, or a physical appurtenance which indicates encroachment, lines of possession or conflict of title.
Tavern. A “tavern” is defined as an establishment primarily serving alcoholic beverages for consumption on site; secondary activities may include dining, music, bottling and the sale of beverages prepared on site, and may include an exterior beer garden if it is adjacent directly to the primary structure. Any music provided in the beer garden shall require a temporary conditional use permit.
“Town Engineer” means the person appointed by the Mayor and confirmed by the Town Council to review engineering aspects of land subdivision and development plans, or his designee.
“Townhouse” means an attached one (1) or two (2) family dwelling having no side yard and sharing a common wall with adjacent dwelling units.
Trade, Retail. “Retail trade” means the sale or rental of goods and merchandise for final use or consumption.
“Transitional housing” means a facility operated publicly or privately to provide housing for individuals or families who are otherwise homeless and have no other immediate living options available to them. Transitional housing shall not exceed an eighteen (18) month period per individual or family.
“Tree” means any living woody plant characterized by one (1) main stem or trunk and many branches, and having a diameter of two (2) inches or more measured at three (3) feet above ground level.
“Undeveloped land” means a parcel of land which does not have an inhabitable building or where the inhabited buildings occupy no more than three (3) percent of the total parcel area.
“Use” means an activity for which land or premises or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased.
Use, Change Of. A “change of use” shall be determined to have occurred when it is found that the general character of the operation has been modified. This determination shall include review of but not be limited to: (1) hours of operation, (2) materials processed or sold, (3) required parking, (4) traffic generation, (5) impact on public utilities, (6) clientele, and (7) general appearance and location.
Use, Temporary. “Temporary use” means any activity or structure permitted under the provisions of WMC 17.07.180 which is intended to exist or operate for a limited period of time and which does not comply with the development standards and requirements set out in WMC Title 17 as specified for the zoning district in which it is located.
Used. The word “used” in the definition of the term “adult motion picture theater” in this chapter describes a continuing course of conduct of exhibiting specific sexual activities and specified anatomical areas in a manner which appeals to a prurient interest.
“Variance” means a modification of regulations of WMC Titles 15 through 19 when authorized by the Town Council after finding that the literal application of the provisions of WMC Titles 15 through 19 would cause undue and unnecessary hardship in view of certain facts and conditions applying to a specific parcel of property.
Vegetation, Shading. “Shading vegetation” means vegetation planted on the south side of a major creek that generally provides shade from midmorning to midafternoon. Examples of shading vegetation are specified in WMC 17.06.050 pertaining to landscaping.
“Vegetative aid” means bark mulch, gravel and other nonvegetative materials which promote vegetative growth by retaining moisture or preventing weeds. These materials are not a substitute for vegetative cover.
“Veterinary clinic” means any premises to which animals are brought, or where they are temporarily kept, solely for the purpose of diagnosis or treatment of any illness or injury, which does not have outdoor runs.
“Veterinary hospital” means any premises to which animals are brought, or where they are temporarily kept, solely for the purpose of diagnosis or treatment of any illness or injury, which may have outdoor runs.
“View” means an unrestricted angle of vision.
“Walkway” means a pedestrian access which is within the building side envelope, total building complex or between lots, but not adjacent to or within the right-of-way of a public street.
“Yard” means the land unoccupied or unobstructed, from the ground upward, except for such encroachments as may be permitted by WMC Titles 15 through 19, surrounding a building site.
Yard, Front. “Front yard” means an open space, other than a court, on the same lot with the building, between the front line of the building (exclusive of steps) and the front property line, including the full width of the lot to its side lines.
Yard, Rear. “Rear yard” means an open space on the same lot with the building between the rear line of the building (exclusive of steps, porches and accessory buildings) and the rear line of the lot, including the full width of the lot to its side lines.
Yard, Side. “Side yard” means an open space on the same lot with the building between the side wall line of the lot and extending from front yard to rear yard. No portion of a structure shall project into any side yard, except cornices, canopies, eaves or other architectural features, which may project two (2) feet, zero (0) inches.
“Zoning” means the regulation of the use of private lands or the manner of construction related thereto in the interest of achieving a comprehensive plan of development. Such regulation shall also govern those public and quasi-public land uses and buildings which provide for proprietary type services for the community’s benefit as contrasted with governmental activities. Governmental activities are encouraged to cooperate under these regulations to secure harmonious Town development.
“Zoning lot” means a tract of land occupied or to be occupied by a principal building and its accessory facilities, together with such open spaces and yards as are required under the provisions of WMC Title 17, having not less than the minimum area required by WMC Title 17 for a zoning purpose in the district in which such land is situated, and having its principal frontage on a public street of standard width and improvement. A zoning lot need not necessarily coincide with the record lot, which refers to land designated as a separate and distinct parcel on a legally recorded subdivision plat or in a legally recorded deed filed in the records of the County.
“Zoning permit” means a certificate, issued prior to a building permit, stating that the proposed use is in accordance with the requirements and standards of WMC Title 17. [Ord. 2018.03 § 1 (Exh. A), 2018; amended during 2014 codification; Ord. 2010.04 §§ 2, 3, 2010; UDC Ord. dated 7/21/1998].