Chapter 15.04

 

DEFINITIONS

 

 

Sections:

 

          15.04.010   Explanation

          15.04.020   Definitions

 

 

15.04.010        Explanation

This Chapter defines technical and procedural terms used throughout this ordinance in order to simplify wording, give meaning of a technical term, or to eliminate ambiguity. Some definitions differ from definitions of the same words in standard dictionaries. Where this occurs, the definitions in this ordinance will prevail. Words not defined will be presumed to have common and universally accepted dictionary meanings.

 

15.04.020        Definitions

 

            Access road:   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 Accessory Building:  Accessory use or accessory building means a subordinate use or building (one-story detached), customarily incidental to, and located upon the same lot occupied by, the principal use or building (e.g., a storage shed, garage, gazebo, greenhouse, etc.).

 

Administrative Appeal:  Administrative appeal means an appeal to the Town Council of a decision made by the Town Planner.

 

            Adult Family Home:  Adult family home means the regular family abode of a person or persons who are providing personal care, room, and board, under a license issued pursuant to RCW 70.128.060, to more than one but not more than four adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for by law (RCW 70.128.010).

 

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

 

Alley:  Alley means a public thoroughfare or way that provides only a secondary means of access to abutting property.

 

Allowed Use:  Allowed use means any authorized use allowed alone or in conjunction with another use in a specified district and subject to the limitations of the regulations of such use district.

 

Amateur Radio Antennae:  Amateur radio antennae means a structure that is erected for the purpose on transmitting and receiving non-commercial radio signals.

 

            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.

 

Applicant:  Applicant means a person or persons submitting an application to the Town of South Prairie for any type of permit or approval covered in this ordinance.

 

            Automobile Repair:  Automobile repair includes fixing, incidental body or fender work, changing of automobile fluids, painting, upholstering, engine tune-up, adjusting lights or brakes, or supplying and installing replacement parts of or for passenger vehicles and trucks.

 

            Automobile Service Station or Gasoline Filling Station:  Automobile service station or gasoline filling station means a building or lot having pumps and storage tanks where fuels, oils or accessories for motor vehicles are dispensed, sold or offered for sale at retail only, repair service is incidental and no storage or parking space is offered for rent.

 

            Automobile Wrecking or Motor Vehicle Wrecking:  Automobile wrecking or motor vehicle wrecking means the dismantling or disassembling of motor vehicles or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts.

 

Auxiliary Dwelling Unit:  Auxiliary dwelling unit means an additional dwelling unit, including separate kitchen, sleeping, and bathroom facilities, separate from the owner occupied primary residential dwelling unit, on a single-family lot, not to exceed 400 square feet.

 

            Basement:  Basement means that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is more than the vertical distance from grade to ceiling.

 

Bed and Breakfast:  Bed and breakfast means a residential type building, or portion of the building, other than a hotel or motel, where for compensation lodging and a morning meal is provided for patrons, not including members of the owner, occupant, or tenant occupant family.

 

Billboard:  Billboard means a sign, including both the supporting structural framework and attached billboard faces, used principally for advertising a business activity, use, product, or service unrelated to the primary use of the property on which the billboard is located; excluding off-premise directional signs or temporary real estate signs.

 

            Binding Site Plan:  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 this Code and which has been approved by Town Council.

 

Block:  Block means a group of lots, tracts, or parcels within well-defined and fixed boundaries.

 

            Boarding or Lodging Home:  Boarding or lodging home means a dwelling or part thereof, other than a motel or hotel, where lodging, with or without meals, is provided, for compensation, for not more than three (3) persons.

 

Buffer Strip:  Buffer strip means an area of land or a structure used or created for the purpose of insulating, separating, or screening a structure or land use from other land uses or structures, in such a manner as to reduce or mitigate any adverse impacts of one or the other.

 

Building:  Building means any structure having a roof, but excluding all forms of vehicles (e.g. a recreational vehicle ‘RV’), even if it is immobilized. Yard requirements (i.e., ‘setbacks’) apply to all buildings.

 

            Building Code:  Building code means the Uniform Building Code promulgated by the International Conference of Building Officials.

 

Building Height:  Building height means the vertical distance measured from the average elevation of existing grade to the highest point of the roof surface of a flat roof, to the top of a mansard roof, or to the mean height level between the eaves and the ridge for a pitched roof. Average elevation of existing grade will be measured at the vertical projection of the enclosed building space. Pitched roofs are considered to be those with a 5”/12” pitch or greater.

 

Building Inspector:  Building Inspector means the Building Inspector for the Town of South Prairie, Washington.

 

Building Permit:  Building permit means the permit required by the Town for new construction and additions.

 

            Canopy:  Canopy means a roof like projection.

 

Chemical Processes:  Chemical Processes means a manufacturing process that uses dangerous or potentially dangerous chemicals.

 

Closed Record Appeal:  Closed record appeal means an administrative appeal on the record to the Town Council, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. [RCW 36.70B.020(1)]

 

Club:  Club means an incorporated or unincorporated association of persons organized for a social, educational, literary, or charitable purpose.

 

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: 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:  Commercial unit means any building or facility used for any purpose other than dwelling, except industrial.

 

            Common Open Space:  Common open space means a parcel of land or an area of water or a combination of land and water within the site designated for a planned unit development, and designed and intended primarily for the use or enjoyment of the residents of such development.

 

Community Arts Center:  Community Arts Center means a structure that is used for the purpose of displaying and/or selling art, conducting educational programs, and providing a means for art related meetings.

 

Completion Security:  Completion security means a bond or other acceptable surety deposited by an applicant with the Town to ensure completion within one year of improvements required to obtain a permit or approval.

 

Comprehensive Plan:  Comprehensive Plan means the most recent edition of the Town of South Prairie Comprehensive Plan adopted by the Town Council in accordance with RCW 35.63 or RCW 36.70A.

 

Comprehensive Water Plan:  Comprehensive Water Plan means the most recent edition of the Town of South Prairie Comprehensive Water Plan.

 

Conditional Uses:  Conditional uses means certain uses which, because of special requirements or unusual characteristics related to the subject property, or because of possible detrimental effects on surrounding properties, may be permitted in use districts if found under the conditional use section, and after the granting of a conditional use permit by the Town Council. Conditional uses require a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same zone or zones.

 

Condominium:  Condominium means a multi-family structure in which each of the tenants hold full title to their unit, and joint ownership in the common grounds.

 

Consolidated Permit Processing:  Consolidated permit processing means the integrated and consolidated review and decision on two or more project permits relating to a proposed project action, including a single application review and approval process covering all project permits requested by an applicant for all or part of a project. If an applicant elects consolidated permit processing, the determination of completeness, notice of application, and notice of final decision must include all project permits being reviewed through the consolidated permit review process.

 

Convalescent Home or Nursing Home: Convalescent home or nursing home means an establishment providing nursing, dietary, and other personal services to convalescents, invalids, or aged persons.

 

Convenience Store:  Convenience store means a retail grocery business of less than one thousand (1,000) square feet that primarily caters to residents of the same neighborhood.

 

County Assessor: County Assessor means the Assessor of Pierce County, Washington.

 

County Auditor:  County Auditor means the Auditor of Pierce County, Washington.

 

            County Road:  County road is a road maintained for public travel by Pierce County.

 

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

 

            Creeks-Rivers, Major:  The following are major creeks/rivers identified by the Town:

 

   South Prairie Creek              

 

            Crop and Tree Farming:  Crop and Tree Farming means the use of land for horticultural purposes.

 

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

 

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

 

B.   Are corrosive, explosive or flammable, or may generate pressure through decomposition or other means.

 

A moderate risk waste is not dangerous waste.

 

Decision:  Decision means a final determination by the decision-making body on applications for permits or approvals or on appeals.

 

Decision-making Body:  Decision-making body means the body with final approval authority for any given application.

 

            Dedication Plat:  Dedication Plat is property that is dedicated for public right-of-way or land for public use.

 

 

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 will be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication; and, the acceptance by the public will be evidenced by the approval of such plat for filing by the Town Council.

 

Density:  Density means the permissible number of dwelling units that may be developed on a specific amount of land area measured in number of dwelling units per gross acre.

 

            Designated Zone Facility:  Designated Zone Facility means any hazardous waste facility that requires an interim or final status permit under rules adopted under RCW 70.105 and WAC 173-303, and that is not a preempted facility as defined in RCW 70.105.010 or in WAC 173-303.  A hazardous waste treatment or storage facility is a designated zone facility.

 

Determination of Completeness:  Determination of Completeness means the determination made by the Town Planner as to whether a project permit application is complete or incomplete. [RCW 36.70B.070]

 

Developer:  Developer means a person who is responsible for any undertaking that requires a permit or approval from the Town of South Prairie.

 

Development or Development Activity:  Development or development activity means any human-made change to improved or unimproved real estate, including but not limited to:

 

A.  Construction, clearing, grading, filling, excavating, paving, dredging, mining, drilling, or otherwise significantly disturbing the soil of a site;

B.   Building, installing, enlarging, replacing, or substantially restoring a structure, impervious surface, or water management system;

C.  Subdividing land into two (2) or more parcels;

D.  Construction of a permanent sign unless expressly exempted by this ordinance;

E.   Alteration of a historic property for which authorization is required by this ordinance; or

F.   Changing the use of a site so that the need for parking is increased.

 

 

Development Permit:  Development Permit or development approval means any written authorization from the Town, which authorizes the commencement of a development activity.

 

            Development Plan:  Development plan means a plan drawn to scale, indicating the proposed use, the actual dimensions and shape of the property to be built upon, the exact sizes and locations on the property of buildings already existing, if any, and the location on the property of the proposed building or alteration, yards, setbacks, landscaping, off street parking, ingress and egress, and signs.

 

            Development Standards:  Development standards means regulations including but not limited to setbacks, landscaping, screening, height, site coverage, signs, building layout, drainage, parking and site design and related features of land use.

 

            Discontinuance:  Discontinuance means the abandonment or nonuse of a building, structure, sign or lot for a period of six (6) months.

 

District:  District means a portion of the incorporated area of the Town within which certain regulations and requirements apply under the provisions of this ordinance.

 

            Dock, High-loading Areas:  Dock-high loading areas means truck maneuvering areas and loading or unloading areas associated with loading doors that are located above the finish grade.

 

            Drainage Ditch:  Drainage ditch means a manmade channel with a bed, bank or sides, which discharges waters into a major or minor creek, lake, pond or wetland.

 

            Dripline:  Dripline means a circle drawn at the soil line directly under the outermost branches of a tree.

 

Duplex:  Duplex means a building used or intended to be used as a home of two (2) families living independently of each other having two separate kitchen facilities and bathroom facilities (i.e., two separate dwelling units).

 

            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, Single-family:  Single-family dwelling means a detached residential dwelling unit, other than a mobile home, designed for and occupied by one (1) family only.

 

            Dwelling, Two-family:  Two-family dwelling means a detached residential building containing two (2) dwelling units, designed for occupancy by not more than two (2) families.

 

Dwelling Unit:  Dwelling unit means a building or portion of a building designed for occupancy by one family for residential purposes and having kitchen facilities.

 

            Easement:  Easement is a non-ownership 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.

 

Emergency Repair:  Emergency repair means work necessary to prevent destruction or dilapidation to real property or its structures immediately threatened or damaged by fire, flood, earthquake, or other disaster.

 

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 Area:  Erosion hazard areas include areas that because of natural characteristics, including vegetative cover, soil texture, slope, gradient, and rainfall patterns, or man-made changes to such characteristics, are vulnerable to erosion.

 

Essential Public Facilities:  Essential public facilities means public facilities and privately owned or -operated facilities serving a public purpose that are typically difficult to site. They include:

 

Type One:  Multi-county facilities on the state Office of Financial Management (OFM) list of future projects. These are major facilities serving or potentially affecting more than one county. These facilities include, but are not limited to, regional transportation facilities, such as regional airports; state correction facilities; and state education facilities.

 

Type Two:  These are local or inter-local facilities serving or potentially affecting residents or property in more than one jurisdiction. They could include, but are not limited to, county jails, county landfills, community colleges, sewage treatment facilities, communication towers, and inpatient facilities (e.g., substance abuse facilities, mental health facilities, and group homes). [NOTE: Facilities that would not have impacts beyond the jurisdiction in which they are proposed to be located would be Type Three facilities.]

 

Type Three:  These are facilities serving or potentially affecting only the jurisdiction in which they are proposed to be located.

 

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

 

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

 

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

 

2.   Is highly toxic to man or wildlife.

 

B.   Is disposed of at a hazardous waste disposal site in such quantities as would present an extreme hazard to man or the environment.

 

Family:  Family means one or more related persons living together or not more than six unrelated persons living together in a single dwelling unit.

 

Family Day Care Provider:  Family Day Care Provider means a residential facility where supervision is provided for periods less than twenty-four hours for twelve (12) or fewer children from the age of birth to eleven (11) years of age, exclusive of members of the occupant’s family.   Such facility must be operated in accordance with state requirements.

 

Fee Resolution:  Fee schedule means the most current list, adopted by resolution of the Town Council, of the fees required for submitting applications to the Town under this ordinance and other Town laws.

 

            Fence, One-hundred Percent Sight-obscuring:  One-hundred percent sight-obscuring fence means a fence constructed of solid wood, metal or other appropriate material which totally conceals the subject use from adjoining uses at six (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.

 

            Flag Lot:  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.

 

Front of House:  Front of house means that part of the house that faces the street, road, or public access way.

 

Front Yard:  Front yard means an open, unoccupied space extending across the full width or depth of the lot, between the building and the property line adjacent to the street. On corner lots, both yards abutting streets are considered front yards.

 

            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 Sewer Plan:  General Sewer Plan means the most recent edition of the General Sewer Plan of the Town of South Prairie.

 

Grade:  Grade means a ground elevation established for the purpose of regulating the height of the structure. The building grade is the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade is determined by averaging the elevation of the ground for each face of the building.

 

            Grading Permit:  Grading permit means the permit required under Chapter 70 of the Uniform Building Code.

 

Grocery Store:  Grocery store means a retail business of one thousand (1,000) square feet or more that sells primarily food.

 

            Gross Floor Area:  Gross floor area means the area included within the surrounding exterior walls of a building expressed in square feet and fractions thereof.  The floor area of a building not provided with surrounding exterior walls shall be the usable area under the horizontal projections of the roof or floor above.

 

            Ground Cover:  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:

 

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

 

1.   Group Home Class I-A:  A Class I-A group home shall have a maximum of seven (7) residents including resident staff.

 

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

 

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

 

B.   Class II Group Home:  Class II group home means publicly or privately operated residential facilities for juveniles under the jurisdiction of the criminal justice system.  These homes include state-licensed group care homes or halfway homes for juveniles, who 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 Town Council shall have the discretion to classify a group home proposing to serve juveniles convicted of the offenses listed under Class III group home in this section as a group home Class III, and any such home shall be sited according to the regulations contained within the Group III classification.

 

1.   Group Home, Class II-A:  A Class II-A group home shall have a maximum of eight (8) residents including resident staff.

 

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

 

3.   Group Home, Class II-C:  A Class II-C group home shall have a maximum of eighteen (17) residents including resident staff.

 

C.  Class III Group Home:  Class III group home means privately or publicly operated residential facilities for adults under the jurisdiction of the criminal justice system who have entered a pre or post-charging diversion program, or have 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:  Guest cottage means an accessory, detached dwelling without any kitchen facilities designed for and used to house transient visitors or non-paying guests of the occupants of the main building.

 

Halfway House:  Halfway house means a dwelling unit that houses formerly incarcerated or institutionalized persons that have been released to transition back into society.

 

            Half-width Street: 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 Facility Buffer Zone:  Hazardous substance facility buffer zone means a setback area between the hazardous substance land use facility boundary and the nearest point of the hazardous substance land use property line, necessary to provide added protection to adjacent land uses or resources of beneficial use.  All hazardous waste treatment and storage facilities must maintain at least a fifty-foot buffer zone.

 

            Hazardous Substance Land Use Facility:  Hazardous substance land use facility means the projected line enclosing the area of all structures and lands on which hazardous substance land use activities occur, have occurred in the past or will occur in the future.  This does not include the application of products for agricultural purposes.

 

            Hazardous Substance Land Use:  Hazardous substance land use means any use which is permitted under this title and which includes a designated zone facility or the processing or handling of a hazardous substance.

 

            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 Substance:  Hazardous substance means any liquid, solid, gas or sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of he characteristics or criteria of hazardous waste as described in rules adopted under RCW 70.105 or in WAC 173-303-090, 173-303-100, 173-303-101, 173-303-102 or 173-303-103.

 

            Hazardous Waste Facility:  Hazardous waste facility means the contiguous land, structures, other appurtenances, and improvements on the land used for recycling, storing, treating, incinerating or disposing of hazardous waste.

 

            Hazardous Waste Storage Facility:  Hazardous waste storage facility means any designated zone facility which holds hazardous waste for a temporary period not to exceed five (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:  Hazardous waste treatment facility means any designated zone facility which processes hazardous waste by physical, chemical or biological means to make such waste non hazardous 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, Offsite:  Offsite 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, Onsite:  Onsite hazardous waste treatment or storage facility, which treats or stores only those wastes that are generated on the site.

 

            Hazardous Waste:  Hazardous waste means any dangerous and extremely hazardous waste, including substances composed of radioactive and hazardous components.  A moderate risk waste is not a hazardous waste.

 

            Highest Shade-producing Point:  Highest shade-producing point means the point of a structure, which casts the longest shadow at noon on December 21.

 

Home Occupation:  Home occupation means an occupation carried on entirely within a residence by the occupants, which does not include storage or sale of stock in trade.

 

            Homeowners' Association:  Homeowners' association means an incorporated, nonprofit organization operating under recorded land agreements through which (a) each lot owner is automatically a member, and (b) each lot is automatically subject to a charge for a proportionate share of the common property, and (c) a charge, if unpaid, becomes a lien against the property.

 

Hostel:  Hostel means a low cost hotel catering to the traveling public, consisting of large common sleeping rooms.

 

Hotel or Motel:  Hotel or motel means a building in which there are guest rooms where lodging with or without meals is provided for compensation, and where provision may or may not be made for cooking in any individual room or suite and in which building may be included one apartment for use of the resident manager. Not included in this definition are institutions housing persons under legal restraint or requiring medical attention or care.

 

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

 

Improvements:  Improvements means altering or modifying land and/or structures, which results in added value to the property.

 

Industrial User:  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:  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:

 

A.  Has a concentration of biochemical oxygen demand (BOD) in excess of three hundred milligrams per liter per average work day; or

B.   Has a discharge containing cadmium, chromium, copper, lead, zinc, silver or similar toxic substances: or

C.  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

D.  Has a discharge flow of ten percent or more of the total treatment plant flow per average workday.

 

            Interior Court:  Interior court means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three (3) or more sides by walls of a building.

 

JARPA:  JARPA means the Joint Aquatic Resource Permit Application, which must be completed whenever work is proposed in or near water.

 

Judicial Appeal:  Judicial appeal means an appeal to the Pierce County Superior Court of a decision made by the Town Council.

 

            Junkyard:  Junkyard means a place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including auto and motor vehicle wrecking yards, house wrecking yards, used lumber yards and yards for use of salvaged house wrecking and structural steel materials and equipment.

 

            Kennel:  Kennel means any fenced lot and/or structure on which four or more dogs or cats over six months of age are kept for breeding, sale, training, boarding or sporting purposes, or are cared for or kept for any purpose other than as a pet.

 

            Lake:  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) feet).  Artificial bodies of water with a recirculation system approved by the public works director are not included in this definition.

 

            Landscaping:  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:

 

            A.        Areas of historic failure;

 

B.         Areas with all three of the following characteristics:

 

1.         Slopes of twenty-five percent gradient or greater,

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

                        3.         Springs or groundwater,

 

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

 

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

 

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

 

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

 

G.        Areas with slope gradients of forty percent or greater not composed of consolidated rock. These will be of at least ten feet of vertical relief.

 

            Local Access:  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:  Lot means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area and having frontage upon a street or alley. The term includes tracts and parcels.

 

            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, Riverfront:  Riverfront lot means any lot or land parcel, which is adjacent to 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 Area:  Lot area means the total land space or area contained within the boundary lines of any lot, tract, or parcel of land, and may be expressed in square feet or acres.

 

            Lot Frontage:  The front of a lot shall be that portion nearest the street. The user of a corner lot has the option of determining which part of the lot fronting on a street shall become the lot frontage, but the entrance shall be in the front.

 

            Lot lines:  Lot lines means the property lines bounding the lot.

 

            Lot measurements:

 

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