19.04.090 Use definitions, miscellaneous.
This section defines uses set forth in Table 5-5 in EMC 19.05.120.
“Adaptive reuse” means the process of reusing a building for a purpose or use other than for which it was built or designed.
“Adult cabaret” means any commercial premises, including any cabaret premises, to which the public, patrons, or members are invited or admitted, and where an entertainer provides adult-oriented entertainment, not constituting “adult entertainment, live,” as defined in this section, to any member of the public, patrons, or a member.
“Adult entertainment establishment, live” means any building or portion of a building which contains any exhibition or dance wherein any employee or entertainer is unclothed or in such attire, costume or clothing so as to expose to view any portion of the female breast below the areola, or male or female genitals, vulva, anus and/or buttocks, or any portion of the pubic hair and which exhibition or dance is for the benefit of a member or members of the adult public, or advertised for the use or benefit of a member of the adult public, held, conducted, operated or maintained for profit, direct or indirect.
“Adult mini theater” means an enclosed building with a capacity of less than fifty persons, a portion of an enclosed building with a capacity of less than fifty persons, or outdoor theater with a capacity of less than fifty persons used for presenting motion picture films, video cassettes, cable television or any other such visual media, distinguished or characterized by emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as defined herein for observation by patrons therein.
“Adult motion picture theater” means an enclosed building with a capacity of fifty or more persons, a portion of an enclosed building with a capacity of fifty or more persons, or outdoor theater with a capacity of fifty or more persons used for presenting motion picture films, video cassettes, cable television or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as defined herein for observation by patrons therein.
“Adult-oriented entertainment” means:
1. Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following sexual activities:
a. Human genitals in a state of sexual stimulation or arousal;
b. Acts of human masturbation, sexual intercourse or sodomy; or
c. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or
2. Any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises’ activity. This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at the time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.
“Adult-oriented merchandise” means any goods, products, commodities, or other ware, including, but not limited to, videos, CD ROMs, DVDs, computer disks or other storage devices, magazines, books, pamphlets, posters, cards, periodicals or nonclothing novelties which depict, describe or simulate specified anatomical areas, or specified sexual activities, as defined in this chapter.
“Adult panoram establishment” means any building or portion of a building which contains device(s) which for payment of a fee, membership fee or other charge is used to exhibit or display a picture, view or other graphic display distinguished or characterized by emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as defined herein for observation by patrons therein.
“Adult retail” means an enclosed building or any portion thereof which, for money or any other form of consideration, devotes a significant or substantial portion of stock in trade to the sale, exchange, rental, loan, trade, transfer or viewing of “adult-oriented merchandise.” For purposes of this definition, a retail establishment devotes a significant or substantial portion of its stock in trade to adult-oriented merchandise if the sale, exchange, rental, loan, trade, transfer or viewing of such adult-oriented merchandise is clearly material to the economic viability of the business. It is presumed that such adult-oriented merchandise accounts for any one or more of the following:
1. Thirty percent or more of the retail dollar value of gross sales over any quarterly period;
2. Thirty percent or more of the floor area of the store open to the public;
3. Thirty percent or more of the retail dollar value of all merchandise displayed in the store;
4. Thirty percent or more of the store’s inventory (whether measured by retail dollar value or number of items); or
5. Thirty percent or more of the store’s stock in trade.
In no event shall a retailer whose transactions only incidentally or marginally relate to adult-oriented merchandise be considered an adult retail use establishment.
“Adult use business” means any live adult entertainment establishment, adult panoram establishment, adult motion picture and adult mini theater, or any establishment which provides one or more of the activities listed herein even if only a portion of the establishment is dedicated to one or more of the activities listed herein.
“Agricultural activities” means those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops or livestock, for example, the operation and maintenance of farm and stock ponds or drainage ditches, operation and maintenance of ditches, irrigation drainage ditches, changes between agricultural activities and normal maintenance, repair or operation of existing serviceable structures, facilities or improved areas. Activities which bring an area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it is conducted is converted to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals or drainage ditches related to an existing and ongoing agricultural activity. Forest practices are not included in this definition.
“Agricultural industries” means industrial processing of agricultural products, excluding breweries or wineries.
“Community center” means a building or other enclosed structure open to the general public that is owned and operated by a public agency or nonprofit corporation, organization or association registered by Washington State, and that is used primarily for cultural, educational, recreational, or social purposes, and may include other minor supporting uses or activities. Not included in the category of community center as a primary use are those businesses and occupations defined by this title as clinics, government administrative offices or uses such as churches, schools, private clubs or fraternal organizations.
“Greenhouse” or “nursery” means a site where trees, shrubs and other plant materials are grown, propagated and/or stored for the purpose of retail or wholesale sales.
“Marijuana,” “marijuana processor,” “marijuana producer,” and “marijuana retailer” shall have the meanings set forth in RCW 69.50.101:
1. “Marijuana” or “marihuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include:
a. The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination; or
b. Hemp or industrial hemp as defined in RCW 15.140.020, seeds used for licensed hemp production under Chapter 15.140 RCW.
2. “Marijuana processor” means a person licensed by the state Liquor and Cannabis Board to process marijuana into marijuana concentrates, usable marijuana, and marijuana-infused products, package and label marijuana concentrates, usable marijuana, and marijuana-infused products for sale in retail outlets, and sell marijuana concentrates, usable marijuana, and marijuana-infused products at wholesale to marijuana retailers.
3. “Marijuana producer” means a person licensed by the state Liquor and Cannabis Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.
4. “Marijuana retailer” means a person licensed by the state Liquor and Cannabis Board to sell marijuana concentrates, usable marijuana, and marijuana-infused products in a retail outlet.
“Marina” is a facility that provides wet and/or dry moorage for at least five boats, boat launching, storage, supplies and services for small pleasure craft. A marina may also include facilities for commercial and industrial vessels, and rescue and law enforcement vessels. The shoreline master program further describes this use.
“Private club or lodge” means an association of persons organized for some common purpose, including fraternal organizations but not including groups organized primarily to render a service which is customarily carried on as a business. (Ord. 3774-20 § 5(D) (Exh. 3), 2020.)