City of Zillah, WA: Definitions.

Any word not specifically defined in this title and ZMC Title 15 shall have the meaning as defined by:

Webster's dictionary;

Black's Law Dictionary legal terms;

Chapters 36.70, 36.70A, and 36.70B RCW or as amended;

WAC 197-11-700 or as amended; and

The North American Industry Classification System (NAICS) Manual – United States, 2012 (replaced the U.S. Standard Industrial Classification (SIC) system).

The following definitions shall apply to this title:

Abandonment or Abandoned.

"Abandonment" or "abandoned"

(as it relates to wireless communication facilities) means to:

Cease operation for a period of 60 or more consecutive days;

ii.

Reduce the effective radiated power of an antenna by 75 percent for 60 or more consecutive days;

iii.

Relocate an antenna at a point less than 80 percent of the height of an antenna support structure; or

iv.

Reduce the number of transmissions from an antenna by 75 percent for 60 or more consecutive days.

"Abandonment" or "abandoned"

(as it relates to land use) means:

A land use (use or structure) may be determined abandoned if the property owner expressly states in writing to the planning official the intent to abandon the land use, or engages in action which unambiguously expresses the intent to abandon (i.e., closure of business, vacating site).

"Accessory structure, use or building"

means a building, part of a building or structure or use which is subordinate to, and the use of which is incidental to, that of the main building, structure or use of the same lot.

"Administrative decision"

means a decision made by one of the planning or building officials or his/her designee.

"Adult family home"

means a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services.

"Alley"

means a dedicated narrow service way, not more than 20 feet wide, providing a secondary means of public access to abutting properties.

"Alterations"

means as applied to a building or structure:

A change or rearrangement of the structural or nonstructural parts in the existing facilities; or

An enlargement or addition on a building or structure; or

Moving a building or structure from one location or position to another; or

A change of use.

"Amendment"

means a change in the wording, content, or substance of this title, or change in the district boundaries on the official zoning map.

"Antique"

means a piece of furniture, glassware, silverware, art work or other items that are at least 60 years old and are distinguished from general secondhand personal property and collectibles by educational value, historic value, artistic value, ornamental character or intrinsic aesthetic merits.

"Appeal"

means a request for review of a reviewing official's decision, determination, order or interpretation of any provision of this title.

10.

"Application"

means a request for any land use permit required from the city for proposed development or action, including without limitation building permits, conditional uses, commercial site development plans, planned developments, subdivisions, variances, site plan reviews, permits or approvals required by critical area ordinances, and site-specific rezones.

11.

"Attached"

means, in the case of dwellings, two or more dwellings connected by a common vertical wall(s) or roofline or in the case of multistory buildings by a common ceiling/floor(s).

12.

"Automobile, truck, manufactured home and/or travel trailer sales"

means a place used for the display, sale or rental of new or used automobiles, trucks, manufactured and mobile homes, travel trailers, and campers.

13.

"Base flood elevation"

means that elevation, expressed in feet above adjacent grade, determined by the Federal Emergency Management Agency to which floodwater can be expected to rise on a frequency of once in every 100 years.

14.

"Bed and breakfast inn"

means a residential structure providing individuals with lodging and meals for not more than 30 days. For home occupations, such suites are limited to having not more than five lodging units or guest rooms.

15.

"Boarding house"

means an establishment providing both lodging and meals for not more than 10 persons residing in the facility on a permanent or semipermanent basis.

16.

"Building code"

means the International Building Code and related codes as amended and adopted by the city of Zillah.

17.

"Caretaker dwelling"

means a single-family dwelling unit accessory to a professional, commercial or industrial use for occupancy by the caretaker, guards, or watchmen consisting of a dwelling unit not exceeding 800 square feet of living area and occupied by a caretaker, guards, or watchmen. Dwelling unit must be attached or inside the existing structure and only be in the commercial, commercial-tourist, light manufacturing and public land/church zones.

18.

"Class 1 uses"

not requiring Class 2 or Class 3 review are permitted; provided, that zoning standards are met. The building/planning official shall use the procedures in Chapter 17.06 ZMC to review Class 1 uses and associated site improvements for compliance with the provisions and standards of the zoning district in which they are located. Class 1 uses require Class 2 review when:

All or part of the development, except for agricultural buildings, single-family dwellings and duplexes, is in the floodplain; or

The proposed use includes hazardous materials; or

The applicant requests adjustment of one or more of the specific development standards pursuant to Chapter 17.22 ZMC.

19.

"Class 2 uses"

are generally permitted in the zone; however, the compatibility between a Class 2 use and the surrounding environment cannot be determined in advance, and occasionally a Class 2 use may be incompatible at a particular location. Therefore, Class 2 review by the hearing examiner is required in order to promote compatibility within intent and character of the zone and the objectives and development criteria of the Zillah urban area comprehensive plan. The hearing examiner may approve, deny or impose conditions on the proposed use and site improvements. The procedures in Chapter 17.06 ZMC shall be used to review and evaluate Class 2 uses.

20.

"Class 3 uses"

are generally not permitted in a particular zone, but may be allowed by the city council after Class 3 review and a public hearing. The city council may approve, deny, or impose conditions on the proposed use and site improvements, to promote compatibility with the intent and character of the zone and the objectives and development criteria of the Zillah urban area comprehensive plan. The procedures in Chapter 17.06 ZMC shall be used to review and evaluate Class 3 uses.

21.

"Closed record appeal"

means an appeal on the record with no new evidence or information allowed to be submitted and only appeal argument allowed.

22.

"Centerline of right-of-way"

means mid-point between the future alignments of the opposite edges of right-of-way.

23.

"Compatibility"

means the characteristics of different uses or development that permit them to be located near each other in harmony.

24.

"Condition(s) of approval"

means restrictions or requirements, imposed by a review official pursuant to authority granted by this title.

25.

"Conditional use"

means a use listed among those classified as a conditional use, but permitted to locate only after review by the hearing examiner, and the granting of a conditional use permit in a manner prescribed by Chapter 17.68 ZMC. In granting the permit, the hearing examiner may impose such performance standards as will make the use compatible with other permitted uses in the same vicinity and use district and assure against imposing excessive demands upon public utilities.

26.

"Co-location"

means the placement and arrangement of multiple wireless communication providers' antennas and equipment on a single support structure or equipment pad area.

27.

"Day care center," "nursery school," or "preschool"

means any type of group day care programs, for children or adults, including nursery schools for children under the minimum age for education in public schools, parent cooperative nursery schools, playgroups for preschool children, covering after school care for school children, and programs which provide organized learning and education experiences, provided such establishments are licensed by the state and conducted in accordance with state requirements. For the purpose of this title, the following shall also apply to day care centers, nursery schools or preschools:

"Babysitting care"

means a dwelling which provides occasional custodial care to children, for periods of less than 24 hours, who do not reside within the residence of the person providing the care. Babysitting care is not necessarily provided in exchange for compensation.

"Home-based day care"

means a home licensed by the Department of Social and Health Services and in which day care is regularly provided for not more than 12 children or adults for periods of less than 24 hours. Home-based day care requires a conditional use permit and permitted to be located in any home regardless of its zoning classification.

"Mini-day care center"

means a place, other than the home of the provider, which provides regular custodial care for one to 12 children or adults for periods of less than 24 hours.

"Day care center"

means a place which provides regular custodial care for 12 or more children or adults.

"Preschool/nursery schools"

means a place that provides regular custodial care and/or organized learning and educational experiences for children.

28.

"Development" or "development activity"

means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations.

29.

"Discontinuance"

means the intentional or inadvertent cessation of a nonconforming use or the same or a more restrictive use of a nonconforming building including, but not limited to, the termination of a nonconforming tenancy and nonoccupancy of the building for the required period or the cessation of a nonconforming business use of a building for the prescribed period.

30.

"Division of land"

for purposes of this title is any transaction or action, not otherwise exempt or provided for under the provisions of this title, which alters or affects the shape, size or legal description of any parcel. Sale of a condominium apartment and rental or lease of a building, facility or structure which does not alter or affect the legal description of an owner's "land" shall not institute a division of land.

31.

"Domestic animal/pet"

means dogs, cats, birds, snakes, small rodents, and rabbits, which can be and are continually kept or raised in a home or on a lot. Animals not considered being domestic animals include, but are not limited to, livestock and any endangered or exotic species of animals.

32.

"Dripline"

means a vertical plane defined by the eave, roof overhang, cornice or other permanent ornamental feature extending furthermost from the building.

33.

"Dwelling, single-family"

means a structure designed to contain a single dwelling unit. Single-family dwellings are further classified by their nature of construction as follows:

Site Built. Constructed primarily at the occupancy site and permanently affixed to the ground by a foundation.

Modular Home.

See "Modular home."

Manufactured Home.

See "Manufactured home" and "Mobile home."

34.

"Dwelling, multifamily"

means a single structure designed exclusively for occupancy by three or more families living independently of each other, and containing three or more dwelling units. Such definition may also include the terms "triplex," "apartments," etc.

35.

Dwelling, Two-Family. "Two-family dwelling" means a building designed for or occupied exclusively by two families living independently of each other, except that common laundry facilities are allowed.

36.

"Dwelling unit"

means a structure or portion thereof designed exclusively for residential purposes.

37.

"Electric vehicle battery charging station"

means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW (electricians and electrical installations) and consistent with rules adopted under RCW 19.27.540 (electric vehicle infrastructure requirements).

38.

"Electromagnetic field (EMF)"

means the field produced by the operation of wireless communication equipment used in transmitting and receiving radio frequency signals.

39.

"Environmental review"

means the procedures and requirements established by the State Environmental Policy Act, Chapter 197-11 WAC and Chapter 43.21C RCW as they now exist or are hereafter amended.

40.

"Equipment shelter"

means the structure associated with a wireless communication facility that is used to house electronic switching equipment, cooling systems, and back-up power systems.

41.

"Essential public facilities"

means those facilities that are typically difficult to site, such as airports, state education facilities, state and local correctional facilities, state or regional transportation facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, and group homes not falling under the purview of fair housing laws, such as adult correctional work release facilities; and those facilities appearing on the list maintained by the State Office of Financial Management pursuant to RCW 36.70A.200(4).

42.

"Exotic pets"

means any animal not native to or not usually found as domestic pets in the United States, including but not limited to lions, tigers, bears, gorillas, chimpanzees, lynx, cougars, jaguars, venomous snakes, and including "wild animals" such as, but not limited to, wolves, raccoons, skunks, foxes, coyotes, and hybrid wolves and coyotes.

43.

"Family"

means an individual or two or more persons related by blood, marriage, or legal adoption, or a group of not more than five persons unrelated by blood, marriage, or legal adoption, but, subject to International Property Maintenance Code provisions regarding minimum area requirements per number of people in living spaces, living together as a single housekeeping unit and doing their cooking on the premises of the dwelling unit; provided, however, that dormitories, clubs, rooming houses having over two rooms, motels or hotels, and like groups of individuals shall not be considered a family.

44.

"Finding"

is a conclusion of fact reached by the reviewing official in a review process and based on the evidence available therein.

45.

"Foster home"

means an agency which regularly provides care on a 24-hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed. Foster-family home does not include homes for individuals residing in halfway houses, crisis residential centers (as defined in RCW 74.15.020(l)(c)), group homes licensed for juvenile offenders, or other facilities, whether or not licensed by the state, where individuals are incarcerated or otherwise required to reside pursuant to court order under the supervision of paid staff and personnel. Foster-family homes shall be considered a residential use of property for zoning and public and private utility rate purposes. Foster-family homes shall be a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single-family residential dwellings.

46.

"Freestanding support structure," or "support structure," or "freestanding wireless communication facility (WCF)"

means any built structure, including any guy wires and anchors, to which antenna and other necessary associated hardware is mounted.

47.

"Game room"

means a commercial facility, or portion thereof, open to the general public, in which card games, pool, electronic games, bingo, etc., are played. Also see "Meeting hall."

48.

"Garage (public)"

means a building or portion of a building used for equipping, repairing, servicing, hiring, selling, or storing motor driven vehicles; but excluding private garages.

49.

"Grade"

means the average elevation of the finished ground level at the center of all walls of the building.

50.

"Group care facility"

means an agency, other than a foster-family home, which is maintained and operated for the care of a group of children on a 24-hour basis. Group care facility does not include homes for individuals residing in halfway houses, crisis residential centers (as defined in RCW 74.15.020(l)(c)), group homes licensed for juvenile offenders, or other facilities, whether or not licensed by the state, where individuals are incarcerated or otherwise required to reside pursuant to court order under the supervision of paid staff and personnel. Group care facilities shall be a permitted use in areas zoned for commercial purposes (C-1). Group care facilities are not permitted in the Old World Design overlay district as described in ZMC § 15.30.170.

51.

"Group home"

means a residence that is licensed as either a boarding home or an adult family home by the Washington State Department of Social and Health Services under Chapter 388-76 or 388-78A WAC. Group homes provide community residential instruction, supports, and services to two or more clients who are unrelated to the provider. Group home does not include homes for individuals residing in crisis residential centers (as defined in RCW 74.15.020(l)(c)), group homes licensed for juvenile offenders, or other facilities, whether or not licensed by the state, where individuals are incarcerated or otherwise required to reside pursuant to court order under the supervision of paid staff and personnel. Group homes shall be a permitted use in all areas permitting single-family homes (R-1, R-2, and R-3).

52.

"Halfway house"

means a home for juvenile delinquents and adult offenders leaving correctional and/or mental institutions; or a rehabilitation center for alcohol and/or drug users; which provides residentially oriented facilities for the rehabilitation or social adjustment of persons who need supervision or assistance in becoming socially reoriented, but who do not need institutional care.

53.

"Height (building)"

means the vertical distance between the grades as defined in this chapter and the highest part of the coping on a flat roof, or the deck line on a mansard roof, or the average height of the highest gable of a pitched or hipped roof.

54.

"Homeless encampment"

means an emergency homeless encampment, sponsored by a religious organization and managed by said religious organization or other managing agency, which provides temporary housing to homeless persons either within buildings located on the property owned or leased by a religious organization or located elsewhere on said property outside of buildings. The term "homeless encampment" shall not apply to the provision of indoor temporary housing or indoor sleeping accommodations to homeless persons where the period of accommodation lasts less than 48 consecutive hours.

55.

"Home occupation"

means the accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services in the home.

56.

"Home occupation, business administration"

means the accessory use of a dwelling as an administrative office for an occupation conducted away from the home. The home is used for phone calls, mail and completing paperwork associated with a business. This definition does not include manufacturing sales, repair or other services.

57.

"Impervious surface"

means any material which reduces or prevents absorption of stormwater into previously undeveloped land, mainly artificial structures – such as pavements (roads, sidewalks, driveways and parking lots) that are covered by impenetrable materials such as asphalt, concrete, brick, and stone – and rooftops.

58.

"Irrigation and/or drainage facilities"

means all irrigation and/or drainage structures, including, but not limited to, standpipes, weir boxes, pipelines, ditches, pump houses, culverts, etc.

59.

"Landscaping"

means the arrangement and planting of trees, grass, shrubs and flowers, and the placement of fountains, patios, street furniture and ornamental concrete or stonework and artificial turf.

60.

"Land use"

means the manner in which land and structures are used.

61.

"Livestock"

means animals not meeting the definition of domestic animal/pet kept either in open fields or structures for training, boarding, home use, sales, or breeding and production use or profit, including horses, mules, donkeys, ponies, cattle, llamas, emus, goats, pygmy goats, sheep, or other animals as determined by the planning official to be similar in nature and size.

62.

"Lot"

means a division of land:

Having defined boundaries and shown on a final plat or short plat officially recorded in the Yakima County auditor's office; or

Which is a legally recognized prior division or parcel under the provisions of Yakima County's subdivision ordinance or Chapter 17.26 ZMC, Subdivisions.

63.

"Lot (corner)"

means a lot situated at the intersection of two or more streets, providing the angle of the intersection does not exceed 135 degrees. Lots situated on intersections where the angle of the intersection exceeds 135 degrees shall not be considered corner lots.

64.

"Lot of record"

means a lot shown on an officially recorded plat or subdivision, or a parcel of land the deed or contract of sale of which is officially recorded, is considered as a unit of property, and legally described. "Officially recorded" includes either official recordation with the county auditor or payment of excise tax to the county treasurer, so long as the date of payment, if officially stamped on the document and that date is prior to the effective date of Ordinance 475, May 1981.

65.

"Lot width"

means the horizontal distance between the side lot lines measured at the rear of the required front setback.

66.

"Manufactured home"

means a residential unit which is a single-family dwelling built according to the United States Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, which is a national preemptive building code. A manufactured home also: (a) includes plumbing, heating, air conditioning, and electrical systems; (b) is built on a permanent chassis; and (c) can be transported in one or more sections with each section at least 10 feet wide and 32 feet long when transported, or when installed on the site is 320 square feet or greater.

67.

"Meeting hall"

means a private or quasi-private facility in which defined groups or organizations come together for meetings and social events. Includes private bridge club type card rooms, grange halls, etc.

68.

"Micro-brewery"

means a business engaged in the production of beer and licensed by the Washington State Liquor Board as a B1 domestic brewery, producing less than 60,000 barrels annually.

69.

"Micro-winery"

means a business licensed by the Washington State Liquor Board as a W1 winery, producing less than 99,999 liters annually.

70.

"Minor WCF facility"

means a wireless communication facility consisting of up to six antennas, each of which is either:

A panel antenna six feet in height and with an area of not more than 580 square inches;

A whip antenna, no more than four inches in diameter and no more than six feet in length;

A tubular antenna no more than 18 inches in diameter and six feet in height; and an associated equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area.

Slight size, type, and dimensional variances may be allowed by the city as technology changes occur. A minor facility does not include the construction or erection of a new freestanding support structure though it may include the installation of such facility on an existing support structure.

71.

"Minor modification"

means a modification to a WCF facility that causes no expansion of the nature or intensity of the existing facility, contains six or less antennas, and does not create or significantly increase environmental impacts.

72.

"Mobile home"

means any vehicle or portable structure built prior to the enactment of the National Manufactured Home Construction and Safety Standards Act of 1974, designed for mounting on wheels and intended for use as a residence, except parked and unoccupied recreational vehicles, which meet the standards of the Washington State Department of Labor and Industries.

73.

"Mobile/manufactured home park"

means a parcel, or contiguous parcels of land under a single ownership, which has been planned and improved, for the placement of two or more mobile/manufactured homes for residential purposes.

74.

"Mobile/manufactured home space"

means a designated area of ground within an established or approved mobile home park that is leased or rented for the accommodation of one mobile/manufactured home.

75.

"Modular home (kit built)"

means a residential structure which meets the requirements of the International Building Code and is constructed in a factory and transported to the building site. This definition does not include a mobile home, manufactured home, commercial coach, recreational vehicle or motor home. The same standards shall apply to modular homes as are applied to manufactured homes. See "Manufactured home."

A factory-built structure that was constructed in accordance with the U.S. Department of Housing and Urban Development requirements and bearing an appropriate Department of Labor and Industries insignia indicating such compliance; or

A factory-built structure designed for human occupancy, which is entirely or substantially prefabricated or assembled at a place other than a building site and is transported to a building site on streets or highways and there affixed to a permanent foundation. A factory-assembled home must be constructed to International Building Code standards as adopted by the city of Zillah for on-site construction, the Washington State Energy Code and all other uniform codes adopted by the city of Zillah governing the construction of residential structures.

76.

"Nonconforming lot"

means a use of land or a structure(s) which was lawfully established and maintained at the effective date of the ordinance codified in this title, but does not conform to this title for the district in which it is located.

77.

"Nonconforming use"

means a building, structure or land use that existed prior to the effective date of the provisions of the ordinance codified in this title, but which, because of the application of this title to it, no longer conforms to the use, setback, maximum lot coverage or other regulations prescribed in this title for the district in which it is situated. A "legal nonconforming use" means a use that was lawfully established in full compliance with the laws in effect at the time it was created.

78.

"Nuisance"

means any use, activity or structure that interferes with the enjoyment and use of one's property by endangering personal health or safety, offending the human senses and/or failing to conform with the provisions, intent, or standards of the district in which the use, activity or structure occurs.

79.

"Nursing or convalescent home"

means any building where persons are housed or lodged and furnished with meals and nursing care and which premises are licensed by the state of Washington.

80.

"Occupancy"

means the purpose for which a structure, portion of a structure, or lot is used or intended to be used. For purposes of this title, a change of occupancy is not intended to include a change of tenants or proprietors, but is intended to indicate a change in the type of uses.

81.

"Open record hearing"

means a hearing that creates the record through testimony and submission of evidence and information. An open record hearing may be held on an appeal if no open record hearing has previously been held on the application. (See "Closed record appeal.")

82.

"Outdoor advertising"

means any structure or portion thereof, recognized as a billboard, used to advertise goods or services not generally available on the premises on which the display is located.

83.

"Party of record"

means the applicant and any other person who has submitted written comment on any action or proposed action, or who has appeared at a public hearing or public meeting and signed an official register requesting notice of further action.

84.

"Pet shop"

means any person, partnership, company or corporation, whether operated separately or in connection with another business enterprise, which buys, sells or boards any species of animal.

85.

"Permit"

means written governmental approval issued by an authorized official, empowering the holder thereof to take some action permitted only upon issuance of written approval.

86.

"Personal services"

means technical services and specialized care services such as tattooing, massage parlors, lawn and garden care, delivery services, except as otherwise regulated.

87.

"Personal wireless service facility" or "wireless communication facility (WCF)" or "wireless facility" or "facility"

means a wireless communication facility for the transmission and/or reception of radio frequency signals and which may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve the necessary elevation, and reception and transmission devices and antennas.

88.

"Personal wireless services"

means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in Title 47 USC Section 332(c)(7)(C).

89.

"Plat"

is a map or representation of a division, showing thereon the division of a tract or parcel of land into lots, blocks, streets, alleys or other division and dedications.

90.

"Planned development"

means a development involving variations from provisions of a given zoning district, particularly with respect to use, density, height, and setbacks, to permit flexibility that will encourage a more creative approach in the development of land and will result in a more efficient, aesthetic and desirable environment. A planned development is permitted only if approved by the city council upon the recommendation by the hearing examiner.

91.

"Preliminary plat"

is an orderly and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks and other intents of a subdivision consistent with the requirements of this title. The preliminary plat will serve as the basis for the approval or disapproval of the general layout of a subdivision.

92.

"Professional business"

means a business primarily engaged in administrative or service related functions and dependent upon professional staff such as lawyers, doctors, realtors, travel agents, bankers, accountants, engineers, and consultants; or providing administrative governmental services.

93.

"Recreational vehicle"

means a vehicle-type unit designed for temporary living quarters for recreational camping or travel; which either has its own motive power or is mounted on or drawn by another vehicle and which has a body width of no more than eight feet and a body length not to exceed Department of Transportation limits when factory equipped for the road. Different classes of recreational vehicles shall include but not be limited to the following:

"Travel trailer"

means a trailer or other vehicular portable structure designed as a temporary dwelling for travel, recreational or vacation uses to be used upon the public streets and highways and which is 45 feet or less in length and eight feet in width.

"Camper"

means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and/or vacation.

"Motor home"

means a portable, temporary dwelling constructed as an integral part of a self-propelled vehicle to be used for recreational camping, travel and/or vacation.

"Camping trailer"

means folding structure mounted on wheels and designed for travel, recreation and vacation.

"Dependent RV"

means an RV containing sanitary facilities and devices for connecting said facilities to a community waste disposal system.

94.

"Recreational vehicle lot/site"

means a plot of ground within a recreational vehicle park intended for temporary location of a recreational vehicle as a dwelling unit.

95.

"Recreational vehicle park"

means a tract or parcel of land upon which sites are located, for the occupancy by recreational vehicles as temporary living quarters.

96.

"Recycling center"

means a facility where discarded household products such as aluminum and tin cans, glass, paper, and other similar individual consumer products are deposited and stored for future reprocessing.

97.

"Retail businesses"

means those uses primarily engaged in the sale of goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

98.

"Retail services"

means uses providing services, as opposed to products, to the general public.

Examples are eating and drinking establishments, motels, real estate and financial offices and uses providing health education and social services.

99.

"Retail trade"

means those uses primarily engaged in the sale of goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Lumberyards, office supply stores, nurseries, butcher shops, paint stores and similar uses shall be considered as retail trade establishments even though a portion of their business may be contractors or other business establishments.

100.

"Retirement home"

means an establishment operated for the purpose of providing domiciliary care for a group of persons who by reason of age are unable or choose not to provide such care for themselves and who are not in need of medical or nursing treatment except in the case of temporary care. Convalescent or rest homes, hospitals and sanitariums shall not be construed to be included in this definition.

101.

"Secondhand dealer"

means an establishment having any portion of its stock-in-trade in "secondhand personal property" as that term is defined in "Secondhand personal property."

102.

"Secondhand personal property"

means any item (or part thereof) of secondhand personal property, regardless of condition, age or value, including scrap and melted metals, excepting the following: stamps, coins, books, reconditioned appliances, empty food containers, compact discs, computer software, goods used in trade-ins on the purchase of other merchandise of the same or greater value, used automobiles, unclaimed goods sold to collect mechanics' liens and antiques.

103.

"Secure community transition facility (SCTF),"

consistent with the requirements and state limitations of state law, shall mean a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under this chapter. A SCTF has supervision and security, and either provides or ensures the provision of sex offender treatment services. SCTF include, but are not limited to, facilities established pursuant to RCW 71.09.250 or as it may be amended, and any community based facilities established under RCW Title 71, and operated by or under contract with the Secretary of the Department of Social and Health Services.

104.

"Setback"

means the minimum horizontal distance required between the property line and a structure as measured by a perpendicular line extending from the property line to the closest wall line of the structure. In the case of carports, covered porches, patios and similar structures, the wall line shall be considered the roof drip line with a maximum three-foot overhang.

105.

"Short subdivision" or "short plat"

is the division or redivision of land into nine or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership.

106.

"Sign"

means any structure, or portion thereof, or device identifying the premises on which it is located or the occupant(s) thereof, or relating to goods or services manufactured, produced or available.

107.

"Story"

means that portion of a building included between the surface of any floor and the surface of the floor next above it. The space between such floor and the ceiling next above it shall be considered a story.

108.

"Structural alterations"

means any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in the roof or exterior lines if such changes result in any enlargement of the building.

109.

"Structure"

means anything constructed or erected which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences less than six feet in height.

110.

"Subdivision" or "long plat"

is the division or redivision of land into 10 or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership.

111.

"Temporary caretaker unit"

means a residential use accessory in the R-1, R-2, R-3 and SR zones consisting of a dwelling unit not exceeding 800 square feet of living area and occupied by a caretaker for a period not to exceed six months with the intent to remove such structure after the time period expires.

112.

"Temporary sign"

means a sign used to advertise an event or use of a temporary nature and/or duration such as political and other election campaign signs including school levies, or legal temporary commercial uses such as properly licensed yard sales.

113.

"Used mobile home"

means a mobile home which has been previously sold at retail and has been subjected to tax under Chapter 82.08 RCW or as it may be amended, or which has been previously used and has been subjected to tax under Chapter 82.12 RCW or as it may be amended, and which has substantially lost its identity as a mobile unit at the time of sale by virtue of its being fixed in location upon land owned or leased by the owner of the mobile home and placed on a foundation (posts or blocks) with fixed pipe connections with sewer, water, and other utilities.

114.

"Variance"

means a modification of the specific regulations of this title in accordance with the terms of this title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone.

115.

"Waste"

means for purposes of the Hazardous Waste Management Act the following:

"Hazardous waste"

means all dangerous and extremely hazardous waste as defined in RCW 70.105.010(15) or as it may be amended.

"Hazardous waste generator"

means any person or site whose act first causes a dangerous waste to become subject to regulation under the state dangerous waste regulations.

"Hazardous waste storage"

means the holding of hazardous waste for a temporary period, as regulated by the state dangerous waste regulations.

"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.

"Off-site hazardous waste treatment and storage"

means hazardous waste treatment and storage facilities that treat and store waste from generators on properties other than those on which the off-site facility is located.

"On-site hazardous waste treatment and storage"

means hazardous waste treatment and storage facilities that treat and store wastes generated on the same property.

"State siting criteria"

means criteria for the siting of hazardous waste treatment and storage facilities adopted pursuant to the requirements of RCW 70.105.210 or as it may be amended.

116.

"Zero lot line"

means the location of a dwelling on a lot in such a manner that one of the sides of the dwelling rests directly on a side lot line.

(Ord. 1387 § 1, 2015; Ord. 1316 § 1 (Exh. A), 2012; Ord. 1289 § 1 (Exh. A), 2011; Ord. 1213 §§ 14, 15, 2009; Ord. 1202 § 2 (Exh. A), 2009)