Chapter 10.09


10.09.010    Interpretation.

10.09.020    “A” definitions.

10.09.030    “B” definitions.

10.09.040    “C” definitions.

10.09.050    “D” definitions.

10.09.060    “E” definitions.

10.09.070    “F” definitions.

10.09.080    “G” definitions.

10.09.090    “H” definitions.

10.09.100    “I” definitions.

10.09.110    “J” definitions.

10.09.120    “K” definitions.

10.09.130    “L” definitions.

10.09.140    “M” definitions.

10.09.150    “N” definitions.

10.09.160    “O” definitions.

10.09.170    “P” definitions.

10.09.180    “Q” definitions.

10.09.190    “R” definitions.

10.09.200    “S” definitions.

10.09.210    “T” definitions.

10.09.220    “U” definitions.

10.09.230    “V” definitions.

10.09.240    “W” definitions.

10.09.250    “X” definitions.

10.09.260    “Y” definitions.

10.09.270    “Z” definitions.

10.09.010 Interpretation.

In the interpretation of this code, the words and phrases listed in this chapter shall have the meaning specified unless clearly intended otherwise by context. Throughout this code, the present tense shall include the future tense; the singular shall include the plural and the plural shall include the singular unless clearly intended otherwise by context. The word “shall” is mandatory and not discretionary. Unless otherwise specified, all distances shall be measured horizontally. (Ord. 04-07 § 36, 2004; Ord. 01-08 § 3, 2001; Ord. 00-09 § 6, 2000).

10.09.020 “A” definitions.

(1) “Abandoned sign” means any sign which is located on property which becomes vacant and unoccupied for a period of six months or more, or any sign which relates to any occupant or business unrelated to the present occupant or his business, or any sign which pertains to a time, event, or purpose which no longer applies.

(2) “Accessory building” means a detached building incidental to a primary building or use. An accessory building shall be on the same lot as the primary building or use. A building shall not be accessory and shall be considered part of the primary building when joined to the principal building by a common wall at least four feet long or when connected to the principal building by a breezeway that is eight feet or less in length.

(3) “Accessory use” means a use incidental and subordinate to the main use and located on the same lot as the principal use.

(4) “Administrator” means the city administrator, or his/her designee.

(5) “Adult entertainment” means any business which, as a substantial portion of its operations, offers for sale or viewing for any consideration any photographic or film depictions or devices or paraphernalia that depict or are characterized by an emphasis on the depiction, description, or engagement in specified sexual activities or anatomical areas including male or female sexual organs, buttocks, or female’s breasts. For the purposes of this definition, the term “paraphernalia” shall not be deemed to include condoms or other birth control measures.

(6) “Adult family home” means the regular family abode of a person or persons who is providing personal care, room and board to no more than four adults not related by blood or marriage to the person or persons providing the services. An adult family home may have a maximum of six adults if licensed pursuant to Chapter 70.128 RCW by the Washington State Department of Social and Health Services.

(7) “Advertising vehicles” means any vehicle or trailer on a public right-of-way or public property or on private property so as to be visible from a public right-of-way which has attached thereto, or located thereon, any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during normal course of business. Franchised buses or taxis are exempt from this chapter.

(8) “Affordable housing,” for renter-occupied housing, is when monthly housing costs are thirty-three percent or less of a low- and moderate-income household’s total monthly income. For owner-occupied housing, the cost of an affordable home is three times the annual income of a low- or moderate-income household. The U.S. Department of Housing and Urban Development (HUD) annually establishes “low- and moderate-income” levels for households in Grays Harbor County.

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

(10) “Alteration” or “alter” means a change or rearrangement of the structural components of an existing building, or an enlargement by extending sides or increasing the height or depth or the moving from one location to another. In buildings for business, commercial or similar uses, the installation or rearrangement of partitions affecting more than one-third of a single floor area shall be considered an alteration.

(11) “Animated sign” means any sign which includes action or motion or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. Excluded from this definition are public service signs, searchlights and flags.

(12) “Apartment.” See HMC 10.09.050(10), “Dwelling, multifamily.”

(13) “Approval” means an official action of the city council, planning commission, board of adjustment or administrator, as specified by this code, clearly indicating permission or ratification.

(14) “Arterial” means any street which has been designed to carry large volumes of traffic and designated as an arterial in the city of Hoquiam comprehensive plan.

(15) “Assembly hall” and “community club” means a hall where many people can congregate for meetings, events or community functions.

(16) “Asphalt, rock crushing, and batch plant” means a mixing plant that produces batches of concrete or aggregate-asphalt mixture, off site or at the site of another plant.

(17) “Automobile, boat, trailer, and recreational vehicle sales area” means an open area, other than a street, used for the display, sale or rental of new or used automobiles, boats, trailers, or recreational vehicles, and where no repair work is done except minor incidental repair of automobiles, boats, trailers, or recreational vehicles to be sold, displayed, or rented on the premises.

(18) “Automobile heavy maintenance and repair shop” means any premises for conducting heavy automobile maintenance activities such as engine overhauls, transmission work, automobile painting, and body fender work.

(19) “Automobile service station” means a retail place of business engaged in the sale of motor fuels and petroleum products, and/or conducting light maintenance such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning. Service stations shall not include premises for conducting heavy automobile maintenance, activities such as engine overhauls, transmission work, automobile painting, and body fender work.

(20) “Automobile wrecking, towing, or junkyard” means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts.

(21) “Awning” is a temporary shelter supported entirely from the exterior wall of a building. (Ord. 10-25 § 27, 2010; Ord. 04-07 § 38, 2004).

10.09.030 “B” definitions.

(1) “Banks and financial services” means establishments that engage in providing services in accounting, finance and securities, investments, estate, and any similar type of business.

(2) “Banner” means a sign made of flexible material designed to be displayed against a wall.

(3) “Bars” and/or “cocktail lounges” means any premises that sells alcoholic beverages for consumption on the premises. It shall not mean a premises that sells beverages in conjunction with the sale of food for consumption on the premises.

(4) “Bed and breakfast inn” means a residence with five or less guest rooms where lodging is provided with or without meals for compensation.

(5) “Binding site plan” means a drawing at a scale of no less than one inch equals one hundred feet that (a) identifies and shows the locations of all streets, improvements, utilities, open spaces, and manufactured home spaces; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as established by the board of adjustment; and (c) contains provisions requiring that all development occurring within the proposal’s boundaries be in conformity with the site plan.

(6) “Block” means a group of lots, tracts, or parcels within well-defined and fixed boundaries.

(7) “Board” means the board of adjustment of the city of Hoquiam, created pursuant to the requirements of this code.

(8) “Boarding house” means an establishment that provides long-term lodging for four or more persons where meals are regularly prepared and served for compensation.

(9) “Buffer” means a horizontal distance, measured perpendicularly from a property line, intended to provide attractive spaces to reduce the impacts of proposed uses on adjacent property or natural features.

(10) “Building” means any structure used or intended for supporting or sheltering any use or occupancy.

(11) “Building area” means the total ground coverage of a building or structure which provides shelter, measured from the outside of its external walls or supporting members or from a point two feet in from the outside edge of a cantilevered roof, whichever covers the greatest area.

(12) “Building, detached” means a building surrounded on all sides by open space and not connected to another building or structure except by utilities.

(13) “Building height” means the vertical distance measured from the highest elevation of the natural grade of the property where the footprint of the building will be located to the highest point of the roof, excluding chimneys and antennas.

(14) “Building line” means the line of face or corner of a part of a building nearest and parallel to the property line.

(15) “Building, primary” means the principal building(s) or other structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted.

(16) “Building setback” means the distance between the building line and the nearest boundary to the site or lot measured at right angles to the boundary.

(17) “Bulk crude oil storage and handling facility” means any structure, group of structures, equipment, or device that stores or transfers any naturally occurring liquid petroleum extracted from geological formations beneath the earth’s surface which requires further refinement before consumer use, including: conventional crude oil, extra heavy oil, and oil sands/bitumen. The term does not include facilities that store and handle finished products derived from petroleum.

(18) “Bulletin board (readerboard)” means a sign so designed that the message may be changed by removal or addition of specially designed letters that attach to the face of the sign.

(19) “Business” or “commerce” means the purchase, sale, offering for sale, or other transaction involving the handling or disposition of any article, service, substance, or commodity for livelihood or profit. (Ord. 15-07 § 2, 2015; Ord. 10-25 § 28, 2010; Ord. 04-07 § 39, 2004).

10.09.040 “C” definitions.

(1) “Carport” means an accessory structure intended to house or protect vehicles that has at least forty percent of the total area of its sides open to the weather.

(2) “Cemetery” means land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes.

(3) “Changing message center signs” means an electronically or electrically controlled sign where different automatic changing messages are shown on the same lamp bank.

(4) “Clinic” means a building designed or used for the medical, dental or surgical diagnosis or treatment of patients under the care of a qualified professional.

(5) “Closed record appeal” means an administrative appeal on the record to a local government body or officer, including the legislative body, following an open record public 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.

(6) “Cluster development” shall refer to a lot or lots that may have less site area than that which would otherwise be required but which maintains the same overall density due to the provision of common open space.

(7) “Commission” or “planning commission” means the Hoquiam planning commission.

(8) “Community building” means a meeting place used by members of the community for social, cultural and recreational purposes.

(9) “Community facilities” means any use of land, water, or building by the city of Hoquiam or other governmental entity for providing services to the public including, but not limited to, administrative offices, police stations, fire stations, community centers, parks, libraries, and the like.

(10) “Concurrency” means that adequate public facilities are available when the impacts of development occur.

(11) “Conditional use” means a use which may be permitted in one or more districts but which, because of special characteristics peculiar to such use, requires a special degree of control over its location, the extent of activity, and/or the provision of amenities in order to make such uses consistent with or compatible to existing or permitted uses in the same district.

(12) “Conditional use permit” means the documentary evidence that a conditional use has been reviewed and approved by the board of adjustment, pursuant to the requirements of this code, for location on a specified parcel and under specified conditions.

(13) “Condominium” means a building in which the owner of one or more dwelling unit(s) is entitled to the exclusive right to share, with other unit owners, the common areas and facilities or which is governed by the Horizontal Property Regimes Act (Chapter 64.32 RCW). Condominiums shall be located and treated in the same manner as two-family, three-family, and multifamily dwelling units.

(14) “Conservation areas” means lands within the city of Hoquiam that consist of critical areas, undeveloped areas, land used for agricultural purposes, undeveloped shorelines to water bodies, and places of cultural or aesthetic importance with or without buildings.

(15) “Construction sign” means any sign used to identify the architects, engineers, contractors or other individuals or firms involved with the construction of a building and announce the character of the building or the purpose for which the building is intended.

(16) “Contractor yard” is a premises on which a contractor can store pieces of machinery and equipment that are operational on a temporary basis.

(17) “Crematorium” means a facility that operates a furnace or incinerator for the incineration of remains, human or animal.

(18) “Critical areas” includes the following areas and ecosystems as defined in RCW 36.70A.030 and WAC 365-195-200:

(a) Wetlands;

(b) Areas with a critical recharging effect on aquifers used for potable water;

(c) Fish and wildlife habitat conservation areas;

(d) Frequently flooded areas; and

(e) Geologically hazardous areas. (Ord. 10-25 § 29, 2010; Ord. 04-07 § 40, 2004).

10.09.050 “D” definitions.

(1) “Day care center” means a child care agency that regularly provides care for a group of children consisting of thirteen children or more outside the provider’s home for periods of less than twenty-four hours each day.

(2) “Dedication” means the deliberate appropriation of land by an owner for any general 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 filing a final plat showing the dedication thereon, and the acceptance by the public shall be evidenced by the approval of such plat for filing by the city of Hoquiam.

(3) “Density” means the number of dwelling units allowed per acre under the terms of this code.

(4) “Detached” means surrounded on all sides by open space.

(5) “Development” means all activities for which this code requires a permit.

(6) “Directional sign” means signs erected by the city on arterial streets directing the public to public, civic or nonprofit facilities.

(7) “Drive-through facilities” means any business where a customer can obtain services while still in his vehicle. The business will have one-way traffic flow through the facility and adequate vehicle queuing space.

(8) “Dwelling” means a building designed exclusively for residential purposes and not including mobile homes, recreational vehicles or houses.

(9) “Dwelling, duplex” means a building designed exclusively for occupancy by two families living independently of each other and containing two dwelling units.

(10) “Dwelling, multifamily” means a building designed exclusively for occupancy by three or more families living independently of each other, and containing three or more dwelling units.

(11) “Dwelling, single-family” means a detached building designed exclusively for occupancy by one family and containing one dwelling unit.

(12) “Dwelling unit” means one or more rooms occupied by one family and containing kitchen facilities for use solely by one family. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit.

(13) “Dwelling unit, accessory” means a second dwelling unit in an existing single-family dwelling for use as a complete, independent living facility with provisions within the accessory apartment for cooking, eating, sanitation, and sleeping. Such a dwelling is an accessory use to the principal one. (Ord. 10-25 § 30, 2010; Ord. 04-07 § 41, 2004).

10.09.060 “E” definitions.

(Ord. 04-07 § 42, 2004).

10.09.070 “F” definitions.

(1) “Family” means an individual, or two or more persons related by blood or marriage, or a group of not more than six persons who are not related by blood or marriage.

(2) “Family child care provider” means a person or agency that regularly provides child care for not more than twelve children in the provider’s home as defined in RCW 74.15.020.

(3) “Farmers’ market” means a public market where vendors sell produce and other hand-crafted objects directly to consumers at an established location on specific days of the week, oftentimes based on seasons.

(4) “Fence” means a wall or barrier for enclosing space or separating parcels of land.

(5) “Fence height” means the distance measured vertically from the topmost portion of a fence at any one point to the ground immediately below; provided, that within a front yard the height shall be measured from the level of the topmost portion of the fence to the level of the closest point on the curb or edge of the driving surface, measured vertically.

(6) “Final plat” means the final drawing of the subdivision and dedication that is filed for the record with the county auditor and containing all elements and requirements set forth in RCW 58.17.160 and in HMC Title 9.

(7) “Fish and wildlife habitat conservation area” means land management for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. This does not mean maintaining all individuals of all species at all times, but it does mean cooperative and coordinated land use planning is critically important among counties and cities in a region. In some cases, intergovernmental cooperation and coordination may show that it is sufficient to assure that a species will usually be found in certain regions across the state. Fish and wildlife habitat conservation areas include areas with which endangered, threatened, and sensitive species have a primary association; waters of the state; state natural area preserves and natural conservation areas; and streams and rivers planted with game fish by a governmental agency.

(8) “Flashing sign” means any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Excluded from this definition are public service signs.

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

(10) “Food processing” means a facility where food is preserved and/or packaged for sale.

(11) “Freestanding sign” means any sign which is supported by one or more uprights, poles or braces in or upon the ground.

(12) “Freight terminals” pertains to a railroad or truck terminal, connected with the receipt or delivery of freight.

(13) “Frequently flooded areas” are lands in the floodplain subject to a one percent or greater chance of flooding in any given year. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and the like. The one-hundred-year floodplain designations of the National Flood Insurance Program shall delineate the presence of frequently flooded areas. (Ord. 10-25 § 31, 2010; Ord. 04-07 § 43, 2004).

10.09.080 “G” definitions.

(1) “Garage, private” means an accessory building, or a portion of the main building, designed or used only for the shelter or storage of vehicles owned by or operated only by the occupants of the main building or buildings.

(2) “Garage sales” includes all general sales, open to the public, conducted from or on a premises or dwelling in the R-1 or R-2 districts for the purpose of disposing of personal property, including but not limited to all sales entitled “garage,” “lawn,” “yard,” “attic,” “porch,” “room,” “backyard,” “patio,” “flea market,” or “rummage sale.” This definition shall not include a situation where no more than five specific items are held out for sale and all advertisement of such sale specifically names those items to be sold. A garage sale is not a home occupation.

(3) “Garage sale signs,” i.e., for yard sales, moving sales, patio sales, means temporary signs used to announce a sale of used items.

(4) “Geologically hazardous areas” are areas that because of the susceptibility to erosion, sliding, earthquake, or other geological events are not generally suited to siting commercial, residential, or industrial development consistent with public health or safety concerns. Geologically hazardous areas are characterized by slopes greater than fifteen percent and known erosion, landslides, settling, rock slide, debris flow and/or seismic hazards as defined by the U.S. Department of Agriculture Soil Conservation Service.

(5) “Grade” means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.

(6) “Grand opening displays” means temporary signs, posters, banners, strings of lights, clusters of flags, balloons and searchlights used to announce the opening of a completely new enterprise or the opening of an enterprise under new management.

(7) “Group care home” means any home or private institution maintained and operated for the care, boarding, housing and training of four or more physically, mentally or socially handicapped persons, or delinquent or dependent persons, by any person who is not related by blood, marriage or legal adoption of such persons. (Ord. 10-25 § 32, 2010; Ord. 04-07 § 44, 2004).

10.09.090 “H” definitions.

(1) “Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70.105.010(15), or its successor, except for moderate risk waste as set forth in RCW 70.105.010(17), or its successor.

(2) “Hazardous waste storage” means the holding of hazardous waste for a temporary period as regulated by the state dangerous waste regulations, Chapter 173-303 WAC, or its successor.

(3) “Hazardous waste treatment” means the physical, chemical, or biological processing of hazardous waste for the purpose of rendering these wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume, as regulated by the state dangerous waste regulations, Chapter 173-303 WAC, or its successor.

(4) “Hazardous waste treatment and storage facility – off-site” means a facility that treats and stores hazardous wastes generated at a structure on a nonadjoining lot or parcel.

(5) “Hazardous waste treatment and storage facility – on-site” means a hazardous waste treatment facility that treats and stores hazardous wastes generated on the same lot or parcel.

(6) “Height.” See HMC 10.09.030(13), “Building height.”

(7) “Height of sign” means the vertical distance from the grade to the highest point of a sign or any vertical projection thereof, including its supporting columns.

(8) “Home occupation” means an occupation or profession carried on by a member of the family residing within any dwelling that is clearly incidental and secondary to the use of the dwelling for residential purposes. See also HMC 10.05.060.

(9) “Hospital” means an institution devoted primarily to the rendering of healing, curing and/or nursing care, which maintains and operates facilities for the diagnosis, treatment and care of two or more nonrelated individuals suffering from illness, injury or deformity, or where obstetrical or other healing, curing and/or nursing care is rendered over a period exceeding twenty-four hours.

(10) “Hospital, veterinary” means an establishment in which veterinary medical services, clipping, bathing and similar services are rendered to dogs, cats and other small domestic animals and pets. This term includes veterinary clinics.

(11) “Hotel” and “motel” means a building or buildings, or portions thereof, containing individual units which are designed and/or used primarily for the transient accommodation of tourists or travelers for compensation. This term includes motor lodge and motor inn. (Ord. 20-06 § 20, 2020; Ord. 10-27 § 5, 2010; Ord. 10-25 § 33, 2010; Ord. 04-07 § 45, 2004).

10.09.100 “I” definitions.

(1) “Industry, heavy” means a use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous conditions.

(2) “Industry, light” means a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, and sales, and distribution of such products, but excluding basic industrial processing.

(3) “Informational sign” means a sign within a business park or commercial subdivision indicating only the name of a particular use and the direction in which it is located. Such sign shall be used for informational purposes only, and not for advertising copy. Such signs may be a maximum four feet high, and must be designed in a uniform manner using a single background color and a single color and typeface for wording.

(4) “Internal circulation sign” means a sign used to aid customers in circulation within parking lots of commercial uses. Such signs may also be used to indicate entrances, exits or customer drive-throughs, but may not contain advertising or logos. Maximum two and one-half feet high, maximum two feet width, maximum six-inch-high lettering size, and these signs may also be designed to be on poles. (Ord. 10-25 § 34, 2010; Ord. 04-07 § 46, 2004).

10.09.110 “J” definitions.

(1) “Junkyard” means any premises devoted wholly or in part to the storage, buying or selling or otherwise handling or dealing in old rags, sacks, bottles, cans, metal, papers, rubber or other articles commonly known as junk. (Ord. 04-07 § 47, 2004).

10.09.120 “K” definitions.

(1) “Kennel” means a place where four or more adult dogs or cats or any combination thereof are kept. An adult dog or cat is one of either sex, altered or unaltered, that has reached the age of four months. (Ord. 04-07 § 48, 2004).

10.09.130 “L” definitions.

(1) “Landscaping” means any material used as a decorative feature, such as shrubbery or planting materials, planter boxes, concrete bases, brick work, decorative framing or pole covers, used in conjunction with a sign which expresses the theme of the sign and related structure but does not contain advertising copy.

(2) “Legal nonconforming sign” means a sign which on the effective date of the ordinance codified in this chapter was lawfully maintained and had been lawfully erected in accordance with the provisions of any prior sign ordinance or code but which sign does not conform to the applicable limitations established by this chapter; or on or after the effective date of the ordinance codified in this chapter was lawfully maintained and erected in accordance with the provisions of this chapter but which sign, by reason of amendment of the ordinance codified in this chapter after the effective date thereof, does not conform to the applicable limitations established by the amendment of this chapter.

(3) “Live/work unit” is defined as a single unit (e.g., studio, loft, or one bedroom) consisting of both a commercial/office and a residential component that is occupied by the same resident. The live/work unit shall be the primary dwelling of the occupant.

(4) “Loading space” means a space on the same site with the use served which provides for the temporary parking of a vehicle while loading or unloading merchandise, materials, or passengers.

(5) “Lot” means a fractional part of divided lands having fixed boundaries that meets the minimum general provisions of a district. The term shall include tracts or parcels.

(6) “Lot area” means the total horizontal area within the boundary lines of a lot, tract, or parcel.

(7) “Lot, corner” means a lot situated at the intersection of two or more streets, the street frontages of which form an angle no greater than one hundred twenty-eight degrees and not less than forty-five degrees.

(8) “Lot coverage” means that percentage of the lot area covered by all buildings including accessory buildings and uses, excluding driveway and outside parking areas. Coverage is determined by measuring from a horizontal plane from the building footprint as set forth in the International Building Code.

(9) “Lot line” means a portion of the boundary of a lot dividing it from other lots or parcels of land.

(10) Lot Line, Front. For an interior lot, the front lot line is adjacent to a public street. For corner lots, the front lot line is the shorter lot line adjacent to a public street; the longer lot line adjacent to a public street is a side lot line. However, if both corner lot lines adjacent to a public street are of equal length, then the front lot line shall be that lot line parallel to the front entrance of the building or structure.

(11) “Lot line, rear” means the lot line opposite and most distant from the front lot line, and in the case of an irregularly, triangularly or triangular-shaped lot, the rear lot line will be determined by the administrator.

(12) “Lot line, side” means any lot line that is not the front lot line or the rear lot line.

(13) “Lot, through” means a lot having frontage on two streets, including a lot at the intersection of two streets when the side streets of such lot form an internal angle of less than forty-five degrees. (Ord. 10-25 § 35, 2010; Ord. 04-07 § 49, 2004).

10.09.140 “M” definitions.

(1) “Mansard roof” means a sloped roof or roof-like facade architecturally able to be treated as a building wall.

(2) “Manufactured home” means a dwelling on one or more chassis for towing to the point of use and designed to be used with a permanent foundation as a residence on a year-round basis and which bears an insignia issued by a state or federal regulatory agency indicating that the mobile manufactured home complies with all applicable construction standards. A recreational vehicle is not a mobile/manufactured home.

(3) “Manufactured dwelling, temporary residence” means a manufactured dwelling that is provided to serve as residence for a short period of time as a response to an emergency need or a workforce that is not permanent.

(4) “Manufactured home park” means a site containing space with required improvements and utilities that is leased for the long-term placement of mobile/manufactured homes and that may include services and facilities for residents.

(5) “Marijuana collective garden” means a collective garden which meets the definition and requirements set forth in RCW 69.51A.085.

(6) “Marijuana processing business” or “marijuana processor” means a business owned and operated by a person who is licensed by the state Liquor Control Board to process marijuana into usable marijuana and marijuana-infused products, package and label usable marijuana and marijuana-infused products for sale in retail outlets, and sell usable marijuana and marijuana-infused products at wholesale to marijuana retailers.

(7) “Marijuana producing business” or “marijuana producer” means a business owned and operated by a person who is licensed by the state Liquor Control Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.

(8) “Marijuana retailing business” or “marijuana retailer” means a business owned and operated by a person who is licensed by the state Liquor Control Board to sell usable marijuana and marijuana-infused product in a retail outlet.

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

(10) “Marquee” is a permanent roofed structure attached and supported by the building.

(11) “Mausoleum” is a burial place for the bodies or remains of many individuals, often of a single family, usually in the form of a small building.

(12) “Medical clinic” means a facility specializing in providing clinical, temporary and emergency services of a medical or surgical nature to human patients and licensed by state law to provide facilities and services.

(13) “Mineral resource land” means lands that include gravel, sand, and valuable metallic substances.

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

(15) “Mini-warehouse, walk-in” means a building consisting of individual storage units, with access from the interior of the building only, not exceeding four hundred square feet per storage unit that are leased or owned for storage. These facilities shall not be used for any wholesale or retail activities. Entrances or exits to the building cannot exceed six feet in width or eight feet in height.

(16) “Mini-storage facility” means a commercial facility in which customers can rent space to store possessions: a self-storage.

(17) “Mixed use development” is new development which accommodates a compatible mix of residential, commercial, light industrial, public and institutional uses.

(18) “Modular home” means a structure constructed of factory-assembled parts that are transported to the building site and assembled at the site. The completed structure is not a mobile/manufactured home.

(19) “Monument sign” is a ground-mounted sign which is higher than three feet above the average ground elevation and which is attached to the ground by means of a wide base of solid appearance.

(20) “Moorage” means a space occupied by a vessel or boat when secured in place by anchors or lines to shore, dock or float.

(21) “Motel” means a building that has more than five guest rooms where transient lodging with or without meals is provided for compensation. The building may include one apartment for use of the resident manager.

(22) “Municipal court” means the municipal court of the city of Hoquiam as provided under Chapter 1.34 HMC.

(23) “Multiple-building complex” means a group of structures housing at least one retail business, office, commercial venture or independent or separate part of a business which shares the same lot, access and/or parking facilities.

(24) “Multiple-occupancy building” means a single structure housing more than one retail business, office or commercial venture. (Ord. 14-07 § 5, 2014; Ord. 10-27 § 6, 2010; Ord. 10-25 § 36, 2010; Ord. 04-07 § 50, 2004).

10.09.150 “N” definitions.

(1) “Nonconforming building or structure” means a building or structure of which the size, dimensions, or location was lawful before the revision or amendment of this code, but fails to conform to the present requirements of the zoning district.

(2) “Nonconforming lot” means a lot that does not comply with the minimum lot requirements established by this code.

(3) “Nonconforming use” means a use that was lawfully established and maintained before the revision or amendment of this code, but fails to conform to the present requirements.

(4) “Nursery school” means a preschool and/or a kindergarten establishment where more than six children are supervised for a period less than twenty-four hours. (Ord. 04-07 § 51, 2004).

10.09.160 “O” definitions.

(1) “Off-premises sign” means a permanent sign not located on the premises of the use or activity to which the sign pertains.

(2) “Off-premises directional sign” means an off-premises sign designed to guide the public to an area, place, business or service without arterial or collector frontage within the city and is consistent with standards in HMC 10.05.130.

(3) “Office and business park” means a large tract of land planned, developed, and operated as an integral facility for a number of separate office buildings and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics, and compatibility.

(4) “Open record public hearing” means a hearing conducted by a single hearing body or officer authorized by the city of Hoquiam. The purpose of the hearing is to create a record through testimony, submission of evidence, and information under procedures prescribed by ordinance or resolution.

(5) “Outdoor storage” means a defined area rented to individuals where equipment or machinery is stored in a secured, fenced area. (Ord. 10-25 § 37, 2010; Ord. 04-07 § 52, 2004).

10.09.170 “P” definitions.

(1) “Parcel” means a tract or plat of land of any size which may or may not be subdivided or improved.

(2) “Parking area, private” means an open area other than a street, alley, or other public property, limited to the parking of automobiles of occupants or employees of uses to which these facilities are appurtenant.

(3) “Parking area, public” means an open area or structure, whether publicly or privately owned, providing parking for four or more automobiles and is available to the public.

(4) “Parking, off-street” means parking facilities for motor vehicles on other than a public street or alley and intended to meet the requirements for said facilities established by this code.

(5) “Parking space” means an area that is improved, maintained, and used for the sole purpose of accommodating a motor vehicle.

(6) “Parks” are land owned by and open to the public.

(7) “Permitted use” means any use authorized or allowed, alone or in conjunction with another use, in a zoning district and subject to the limitations of the regulations of such use district.

(8) “Personal services” means establishments that may include beauty parlors, shops or salons; barbershops; health clubs; martial arts studios; electrolysis services; manicurists; and the like.

(9) “Place of religious worship” means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship. Accessory uses in the main building or in separate buildings or structures include: meeting rooms and religious education classrooms, assembly rooms, kitchens, library or reading room, recreational hall, and/or a single-family dwelling unit.

(10) “Planned unit development” means a type of residential, commercial, or industrial land development that provides more planning flexibility than traditional zoning and lot layout. Buildings are often clustered on smaller lots, permitting the preservation of natural features in common areas or open park-like areas. The development maintains the same or slightly greater density than is permitted by conventional zoning methods.

(11) “Political sign” means a sign advertising a candidate or candidates for public elective office, or a political party, or sign urging a particular vote on a public issue decided by ballot.

(12) “Portable (mobile) sign” means a sign made of any material which by its design is readily movable and is equipped with wheels, casters or rollers or which is not permanently affixed to the ground, structure or building. (Also includes signs mounted upon the tops of vehicles.)

(13) “Professional offices” means establishments that engage in providing services in accounting, advertising, architecture, art, banking, dentistry, engineering, finance and securities investments, interior design, insurance, landscape architecture, law, medicine, music, planning, real estate, and any similar type of business.

(14) “Project permit” or “project permit application” means any permit or license required from this code for a project action, including but not limited to variance permits and conditional use permits but excluding the adoption or amendment of development regulations.

(15) “Projecting sign” means a sign, other than a wall sign, that is attached to and projects from a structure or building face.

(16) “Public meeting” means an informal meeting, hearing, workshop or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit before a decision by the city of Hoquiam on the permit. A public meeting does not include an open record hearing. The proceeding at a public meeting may be recorded and a report or recommendation may be included in the project permit application file.

(17) “Public service signs” means an electronically or electrically controlled public service sign or portion of a larger sign which conveys only information such as activities, events, time, date, temperature, atmospheric condition or news of interest to the general public where different alternating copy changes are shown on the same lamp bank matrix.

(18) “Public utilities” means facilities that serve the public including streets, roads, sidewalks, street lighting systems, telecommunications, traffic signals, water systems, stormwater systems, sewer systems, natural gas delivery systems, and electrical systems. (Ord. 12-10 § 4, 2012; Ord. 10-25 § 38, 2010; Ord. 04-07 § 53, 2004).

10.09.180 “Q” definitions.

(Ord. 04-07 § 54, 2004).

10.09.190 “R” definitions.

(1) “Real estate or property for sale, rental or lease sign” means any sign pertaining to the sale, lease or rental of land or buildings.

(2) “Recreational facilities, indoor” means an enclosed structure used as a facility for indoor recreational activities and entertainment, including commercial fitness centers, dance studios, arcades, museums, theaters, and other cultural activities.

(3) “Recreational facilities, outdoor” means facilities such as boat or yacht clubs, swimming pools, athletic clubs, recreational vehicle parks, and golf and country clubs.

(4) “Recreational vehicle” means a vehicle or portable unit that is either self-propelled, towed or carried by a motor vehicle and intended for temporary human occupancy and designed for recreational use. This definition includes vehicles such as travel trailers, truck campers, commercial coaches, and motor homes. A recreational vehicle is not a mobile/manufactured home.

(5) “Recreational vehicle park” means a lot or series of lots designed to provide safe and sanitary temporary housing or storage of recreational vehicles for limited periods of time but which are not intended for use as a manufactured housing park.

(6) “Residence” means a building or structure, or portion thereof, designed for and used to provide an abode for human beings.

(7) “Residential care facility” means a facility licensed by the state of Washington that cares for at least five people with functional disabilities and is not an adult family home.

(8) “Restaurant” means an establishment where food and drink are prepared and served to customers.

(9) “Restaurant, drive-in” means an establishment where food and drink are prepared for customers who receive service while still in their vehicle.

(10) “Retail sales” means a business primarily engaged in selling finished products to individual consumers, such as apparel, book, grocery, gift, and video rental stores.

(11) “Retirement home” means a structure or building containing apartment-like quarters, rented, cooperative or condominium, which provides services to retired persons, such as limited nursing facilities, minimum maintenance living accommodations, and recreation programs and facilities.

(12) “Roof” means a structural covering over any portion of a building or structure, including the projections beyond the walls or supports of the building or structure.

(13) “Roof sign” means any sign erected upon, against or directly above a roof or on top of or above the parapet of a building. (Ord. 10-25 § 39, 2010; Ord. 04-07 § 55, 2004).

10.09.200 “S” definitions.

(1) “Sandwich board sign” means a temporary sign made of metal, wood, chalkboard, or whiteboard that is not permanently attached to the ground, is consistent with the standards set forth in HMC 10.05.130, and is designed for and oriented to pedestrians.

(2) “Schools” means public and private institutions of learning offering instruction in the several branches of learning and study required by the Educational Code of the State of Washington.

(3) “Screen” means a vertical barrier located in a limited space intended to provide a buffering effect, particularly for noise reduction or visual separation. Screens may consist of existing or planted vegetation, attractive sight-obscuring fencing, hedges, walls or earth berms, or similar techniques.

(4) “Seasonal sales sign” means any sign used to advertise a sale of merchandise or other items during a particular holiday season including seasonal fireworks or Christmas holiday sales.

(5) “Searchlight” means an apparatus containing an electric light and reflector on a swivel for projecting a far-reaching beam in any desired direction.

(6) “Ship terminals, slips and repair facilities” is a place on a waterway with facilities for loading and unloading ships, providing moorage and repairs for ships and/or boats.

(7) “Sign” means any means of visual communication seen from a public right-of-way, although for the purposes of this code traffic signs and other official messages displayed within the public right-of-way are excluded. Signs shall include, but are not limited to, billboards, banners, store fronts, marquees, and canopies used for visual communication.

(8) “Sign area” means the entire area of a sign on which copy is to be placed. Only one side of a double-faced or three-faced sign shall be included. The area of painted signs, individual letter signs, and other indirectly illuminated signs shall be calculated on the basis of the smallest rectangle, circle or spherical figure that will enclose the entire copy area of the sign. Any such calculation shall include the areas between letters and lines, as well as the areas of any devices, illuminated or nonilluminated, which are intended to attract attention.

(9) “Small engine repair” means a business that involves the maintenance and repair of low power internal combustion engines (gasoline/petroleum).

(10) “Solar power generator” means the use of solar panels to convert sunlight directly or indirectly into electricity. Solar power generators consist of solar panels, charge controllers, inverters, working fluid system, and storage batteries.

(11) “Special event signs” means temporary signs used to announce a circus, a carnival, festivals or other similar events.

(12) “State Environmental Policy Act (SEPA)” means the environmental review process as provided by Chapter 43.21C RCW and Chapter 197-11 WAC.

(13) “Story” means that portion of a building included between the surface of any floor and the surface of the floor next above it. If there be no floor above it, then the space between the floor and the ceiling next above it shall be considered a story. If the finished floor level directly above the basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.

(14) “Street” means a public or recorded private thoroughfare which affords primary means of access to abutting property.

(15) “Street line” means the boundary line between a street and the abutting property.

(16) “Structural alterations” means any change in the supporting members of a building or structure.

(17) “Structure” means anything constructed in the ground, or anything erected which requires location in the ground, but not including something having location on or in the supporting members of fences less than six feet in height or paved areas. (Ord. 10-25 § 40, 2010; Ord. 04-07 § 56, 2004).

10.09.210 “T” definitions.

(1) “Tavern” means any establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where sandwiches and snacks are available for consumption on the premises.

(2) “Temporary building” means a building or structure, except a mobile/manufactured home or recreational vehicle, that is not permanently attached to the ground per the requirements of the International Building Code, or which is specified as being intended for occupancy only for a limited, specified time.

(3) “Temporary sign” means any sign, banner, pennant, valance, flags (not intended to include flags of any nation, state, city or other governmental agency or nonprofit organization), searchlights, balloons or other air-filled or gas-filled figures or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frame, intended to be displayed for a limited period of time only. Different types of temporary signs and banners included in this category are: construction, grand opening displays, real estate, special event, political, sandwich board, and garage sale.

(4) “Timberland production” means those areas dedicated to the growing, conserving and production of timber in areas of sufficient size to be economically feasible.

(5) “Transient” refers to continuous occupancy of a dwelling or sleeping unit for not more than thirty days.

(6) “Truck and heavy equipment sales and services” refers to heavy duty vehicles, specially designed for executing construction tasks, most frequently ones involving earth moving. (Ord. 10-27 § 7, 2010; Ord. 10-25 § 41, 2010; Ord. 04-07 § 57, 2004).

10.09.220 “U” definitions.

(1) “Unlisted uses” means uses not specifically named as a permitted or conditional use in any zoning district within this code.

(2) “Use” means the nature of the occupancy, the type of activity, or the character and form of improvements to which land is devoted or may be devoted.

(3) “Use, primary” means the primary or predominant use to which the property is or may be devoted, and to which all other uses on the lot are accessory. (Ord. 04-07 § 58, 2004).

10.09.230 “V” definitions.

(1) “Variance” means an adjustment in the specific regulations of this code regarding a particular piece of property because it is deprived of the privileges commonly enjoyed by other properties in the same vicinity. This adjustment remedies disparity in privileges.

(2) “Veterinary hospital and kennel” means a facility pertaining to the health care or boarding of animals. (Ord. 10-25 § 42, 2010; Ord. 04-07 § 59, 2004).

10.09.240 “W” definitions.

(1) “Wall” means any member, or group of members, which defines the exterior boundaries of a building and which has a slope of sixty degrees or greater with the horizontal plane. The height of a wall shall be measured as the two-dimensional height from the average finished grade of the particular architectural building elevation adjacent to the wall to the finished roof plane.

(2) “Wall sign” means any sign attached to or painted directly on the wall, or erected against the wall of a building being parallel or approximately parallel to said wall, and does not exceed a distance of fifteen inches from said wall.

(3) “Warehouse/warehousing” means a facility generally dealing with the active reception and dispersal of goods that are oriented to manufactured products and household goods. A warehouse usually consists of a large multistoried building with loading docks. “Warehouse/warehousing” includes distribution and transfer such as rail-to-truck and truck-to-truck transfer facilities.

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

(5) “Wholesale liquefied petroleum sales” means a facility that sells a substance used as a gas for fuel. The product is stored in the liquid state at the facility.

(6) “Wholesale sales and production distribution centers” means commodities stored for sale to businesses or brokers.

(7) “Wind turbine” means a machine with turbine apparatus (rotor blades, nacelle and tower) capable of producing electricity by converting the kinetic energy of wind into rotational, mechanical and electrical energy; provided, the term does not include electrical distribution of transmission lines, or electrical substations.

(8) “Wind turbine farm” means two or more wind turbines on one parcel.

(9) “Wind turbine height” means the distance measured from the ground level to the highest point on a wind turbine, including the rotor blades. (Ord. 10-25 § 43, 2010; Ord. 04-07 § 60, 2004).

10.09.250 “X” definitions.

(Ord. 04-07 § 61, 2004).

10.09.260 “Y” definitions.

(1) “Yard” means a required open space that is on the same lot with the principal use and is unoccupied or unobstructed by any portion of a structure; provided, however, that roof eaves, bump-out windows, decks, balconies, and steps may encroach up to a maximum of eighteen inches into the yard. Paved areas, fences, walls, poles, light fixtures, ornaments, furniture, and other customary yard accessories may be permitted in any yard subject to height limitations and requirements limiting the obstruction of visibility at intersections.

(2) “Yard, front” means a yard extending the full length of the front lot line and to a minimum depth as provided in the applicable zoning district.

(3) “Yard, rear” means a yard extending the full length of the rear lot line and to a minimum depth as provided in the applicable zoning district.

(4) “Yard, side” means a yard extending from the front yard to the rear yard and to a minimum depth as provided in the applicable zoning district. (Ord. 04-07 § 62, 2004).

10.09.270 “Z” definitions.

(1) “Zoning district” means an area defined as to boundaries located on an official map in which standards are applied that regulate the impact or effect of an activity on land and neighbors. (Ord. 04-07 § 63, 2004).