Chapter and section headings shall not be deemed to govern, limit, modify, or in any manner affect the scope of meaning or intent of any section thereof.
(Ord. 2018-02 § 2 (Exh. A), 2018)
For the purpose of this title, certain terms or words herein shall be interpreted as follows, except as specifically defined in this chapter. All words used in this title shall carry the customary meanings:
A. 
"Lot"
includes "plot."
B. 
"Building"
includes "structure."
C. 
"Shall" is intended to be mandatory.
D. 
"Occupied" or "used"
means to dwell in.
E. 
"May" denotes a use of discretion in making a decision.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Adult arcade"
means an entertainment establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image-producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas as defined in CRMC § 17.16.651.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Adult bookstore, adult novelty store or video store"
means a commercial establishment which has a significant or substantial portion of its interior business or advertising to the sale or rental, for any form of consideration, of any one or more of the following:
A. 
Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
B. 
An establishment may have another significant or substantial portion of its stock-in-trade that does not involve the offering for sale or rental of materials depicting or describing specified sexual activities or specified anatomical areas and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve establishments from being categorized as an adult bookstore, adult novelty, store, or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities. Therefore, any establishment having 20 percent or more of its stock-in-trade or revenues that come from trading in material depicting or describing specified sexual activities or specified anatomical areas shall be categorized as an adult bookstore, an adult novelty store, or an adult video store.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Adult cabaret"
means a nightclub, bar, restaurant, or similar commercial establishment, whether or not alcoholic beverages are served, which features:
A. 
Persons who appear nude or semi-nude;
B. 
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities;
C. 
Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Adult motel"
means a hotel, motel, or similar commercial establishment which:
A. 
Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and which has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
B. 
Offers a sleeping room for rent for a period of time that is less than 20 hours; or
C. 
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 20 hours.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Adult theater"
means a commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions characterized by the depiction or description of specified anatomical areas or specified sexual activities are regularly shown for any form of consideration.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Agriculture"
means the tilling of the soil, the raising of crops, forestry, horticulture, gardening, keeping or raising of livestock and poultry and construction of farm buildings.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Alley"
means a narrow public thoroughfare, or way with a right-of-way and affords only a secondary means of access to abutting property.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Alterations"
means, as applied to a building or structure:
A. 
A change or rearrangement of the structural parts in the existing facilities; or
B. 
An enlargement or addition on a building or structure; or
C. 
Moving a building or structure from one location or position to another.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Amendment"
means a change in the wording, context, meaning, or substance of this title, or a change in the zone boundaries upon zoning maps adopted under this chapter.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Apartment"
means a room, or a suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a residence for one family.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Apartment house"
means a building or a portion of a building, designed for occupancy by three or more families living separately from each other and containing three or more dwelling units.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Major automobile repair"
means the rebuilding or reconditioning of motor vehicles or trailers including trucks over one and one-half tons in capacity; collision service including body frame or fender straightening or repair; overall painting or paint shop; and automobile wrecking when within an enclosed building.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Basement"
means that portion of a building between floor and ceiling which is partly below and partly above grade, but so located that the vertical distance from grade to floor below is less than the vertical distance from grade to ceiling. A basement, when designed for or occupied for business or industrial purposes, or for dwelling purposes, shall be considered a story.
(Ord. 2018-02 § 2 (Exh. A), 2018)
For a definition of "billboard," see "advertising, outdoor display" and "advertising, outdoor structure."
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Block"
means all property abutting upon one side of a street between intersecting and intercepting streets, or between a street and railroad right-of-way, waterway, terminus or dead-end street. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Boardinghouse"
means a building with not more than five guest rooms where meals (with or without lodging) are provided for compensation for not more than 10 persons, but does not include rest homes or convalescent homes. Guest rooms numbering six or more in any building shall constitute a hotel. The term "lodginghouse" is synonymous with "boardinghouse."
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Building"
means any structure having a roof supported by columns or walls, and intended for the shelter, housing, or enclosure of people, animals, or chattels.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Building height"
means the vertical distance from the grade to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or the average height or the highest gable of a pitch or hip roof.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Building line"
means the line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Main building"
means the principal building or other structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. Where a permissible use involves more than one building or structure designed or used for the primary purpose, as in the case of group houses, each such permissible building or other structure on a lot or building site as defined by this title shall be construed as comprising a main building or structure.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Building site"
means a parcel of land assigned to a use, to a main building, or to a main building and its accessory buildings, together with all yards and open spaces required by this title, whether the area so devoted is comprised of one lot, a combination of lots, or a combination of lots and fraction of lots.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"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; or the management or occupancy of office buildings, offices, recreational or amusement enterprises by professions and trades or persons rendering services.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Carport"
means a private garage which is open to the weather on at least 40 percent of the total area of its sides.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Cemetery"
means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction within the boundary of such cemetery.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Child day care – Center"
means a state-licensed facility operated by an agency, organization, or business that regularly provides early childhood education and early learning services for a group of children for periods of less than 24 hours outside of the provider's home.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Church"
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, and including accessory uses in the main building or in separate buildings or structures, including Sunday school rooms and religious education classrooms, assembly rooms, kitchen, library room or reading room, recreation hall, and may include residences on site for nuns and clergy, but shall exclude facilities for training of religious orders.
(Ord. 2018-02 § 2 (Exh. A), 2018)
A "city official" means a person who works for the city of Castle Rock, Washington, which includes:
A. 
"Mayor"
means that person elected by the citizens of Castle Rock to represent the city of Castle Rock in all matters public and legal.
B. 
"Clerk-treasurer"
means the city of Castle Rock clerk-treasurer.
C. 
"City planner"
means the designated city of Castle Rock city planner.
D. 
"Planning commission"
means the city of Castle Rock planning commission.
E. 
"Council"
means the city council of the city of Castle Rock.
F. 
"Engineer"
means the designated city of Castle Rock engineer.
G. 
"Hearings examiner"
means that person hired by the city of Castle Rock, pursuant to RCW 35A.63.170 and 58.17.330, to interpret, review and implement land use regulations and administrative decisions including those made pursuant to the State Environmental Policy Act (SEPA) Chapter 43.21C RCW as provided in this title.
H. 
"Building inspector"
means the city of Castle Rock building inspector.
I. 
"Public works director"
means the city of Castle Rock public works director.
(Ord. 2018-02 § 2 (Exh. A), 2018; Ord. 2026-04, 4/13/2026)
"Classification"
means a category in the broad list of land uses, in which category, certain uses, either individually or as to type, are identified as possessing similar characteristics or performance standards and are permitted as compatible uses in the same zone or classification. A "classification," as the term is employed in this title, includes provisions, conditions and requirements related to the permissible location of permitted uses.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Clinic"
means a building or portion of a building containing offices for providing medical, osteopathic, dental, psychiatric or chiropractic services for outpatients only.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Club"
means an association of persons meeting for some common purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Community club"
means a building and related grounds used for social, civic, or recreational purposes and owned and operated by a private nonprofit institution or organization serving the neighborhood in which it is located and open to the general public on equal basis and where no retail or wholesale business activities are carried on.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Condominium"
means joint ownership of real property in which each owner enjoys exclusive ownership of an individual apartment or unit with or without a parcel of land by holding a fee simple title thereto and retaining an undivided interest, as tenants in common, in the common facilities and areas of buildings.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Court"
means any portion of the interior of a lot or building site which is fully or partially surrounded by buildings or other structures and which is not a required yard or open space.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Curb level"
for any building is the level of the established curb in front of such building measured at the center of such front. Where no curb elevation has been established, the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the curb level.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Day care"
means an agency, organization or individual providing licensed professional day care for three or more individuals not related to, nor the wards of, nor foster children/adults of the attendant adult.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Dimensional nonconformity"
is a situation that occurs when the height, size or minimum floor space of a structure or the relationship between an existing building or another building or lot lines do not conform to the regulations applicable to the district in which the property is located.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Dwelling"
means a building or portion thereof designed exclusively for residential purposes, including one-family, two-family, and multiple-family dwellings, but not including hotels, boardinghouses, or motel units.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Attached dwelling"
means a dwelling unit that is located on a separate lot and shares a wall on one or both sides with a neighboring dwelling. Duplexes are attached dwelling units and zero lot line developments may be attached dwelling units.
(Ord. 2024-03 § 3 (Exh. C), 2024)
"Two-family dwelling"
means a detached building designed exclusively for occupancy by two families living independently of each other doing their own cooking and containing two dwelling units. A "two-family dwelling" is the same as a "duplex." Such building has a common roof or the dwelling units are joined by a common roof.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Multifamily dwelling"
means a building or portion thereof, designed for occupancy by three or more families living independently of each other, doing their own cooking and containing three or more dwelling units. "Multifamily dwelling" includes all types of buildings or portions thereof designed for occupancy of three or more families such as triplex, fourplex, apartment house, and flats designed for occupancy on a permanent basis as distinguished from a transient basis. Such building has a common roof or the dwelling units are joined by a common roof.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Dwelling unit"
means one or more rooms designed for or occupied by one family for living or sleeping purposes 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.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Educational institution"
means elementary, junior high, high schools, junior colleges, colleges or universities, or other schools giving general academic instruction in the several branches of learning and study required by the Education Code of the state of Washington.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Heavy-duty equipment"
means high-capacity mechanical devices for moving earth or other materials, mobile power units, including but not limited to carryalls, graders, loading and unloading devices, cranes, draglines, trench diggers, tractors, augers, caterpillars, concrete mixers and conveyors, harvesters, combines, or other major agricultural equipment and similar devices operated by mechanical power as distinguished from manpower.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Erected"
means the construction of any building or structure, or the structural alteration of a building or structure, the result of which would be to change the exterior walls or roof or to increase the square foot floor area of the interior of the building or structure.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Fence"
means a masonry wall, or a barrier composed of posts connected by board, rails, panels, wire or a hedge for the purpose of enclosing space or separate parcels of land. The term "fence" does not include retaining wall.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Floor area"
means the sum of the gross horizontal areas of the several floors of the building or portion thereof devoted to such use, including accessory storage areas located within selling or working space such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.
(Ord. 2018-02 § 2 (Exh. A), 2018)
A. 
"Gambling premises"
means any building, room, enclosure, vehicle, vessel or other place used or intended to be used for professional gambling. In the application of this definition, any place where a gambling device is found shall be presumed to be intended to be used for professional gambling.
B. 
"Gambling device"
means: (1) any device or mechanism the operation of which a right to money, credits, deposits or other things of value may be created, in return for a consideration, as the result of the operation of an element of chance, including, but not limited to, slot machines, video pull tabs, video poker, and other electronic games of chance; (2) any device or mechanism which, when operated for consideration, does not return the same value or thing of value of the same consideration upon each operation thereof; (3) any device, mechanism, furniture, fixture, construction or installation designed primarily for use in connection with professional gambling; and (4) any subassembly or essential part designed or intended for use in connection with any such device, mechanism, furniture, fixture, construction or installation. In the application of this definition, a pinball machine or similar mechanical amusement device which confers only an immediate and unrecorded right of replay on players thereof, which does not contain any mechanism which varies the chance of winning free games or the number of free games which may be won or a mechanism or a chute for dispensing coins or a facsimile thereof, and which prohibits multiple winnings depending upon the number of coins inserted and requires the playing of five balls individually upon the insertion of a coin less than $1.00 in value, as the case may be, to complete any one operation thereof, shall not be deemed a gambling device; provided, that owning, possessing, buying, selling, renting, leasing, financing, holding a security interest in, storing, repairing and transporting such pinball machines or similar mechanical amusement devices shall not be deemed engaging in professional gambling for the purposes of this title and shall not be violation of this document; provided further, that any fee for the purchase or rental of any such pinball machines or similar amusement devices shall have no relation to the use to which such machines are put but be based only upon the market value of any such machine, regardless of the location of or type of premises where used, and any fee for storing, repairing and transporting thereof shall have no relation to the use to which such machines are put, but be commensurate with the cost of labor and other expenses incurred in any such storing, repairing and transporting.
C. 
"Professional gambling"
means:
1. 
A person is engaged in professional gambling for the purposes of this title, when:
a. 
Acting other than as a player or in the manner authorized by this title, the person knowingly engages in conduct which materially aids any form of gambling activity; or
b. 
Acting other than in a manner authorized by this title, the person pays a fee to participate in a card game, contest of chance, lottery, or other gambling activity; or
c. 
Acting other than as a player or in the manner authorized by this title, the person knowingly accepts or receives money or other property pursuant to an agreement or understanding with any other person whereby he or she participates or is to participate in the proceeds of gambling activity; or
d. 
The person engages in bookmaking; or
e. 
The person conducts a lottery; or
f. 
The person violates RCW 9.46.039.
2. 
Conduct under subsection (C)(1)(a) of this section, except as exempted under this title, includes but is not limited to conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus thereof, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases, or toward any other phase of its operation. If a person having substantial proprietary or other authoritative control over any premises shall permit the premises to be used with the person's knowledge for the purpose of conducting gambling activity other than gambling activities authorized by this title, and acting other than as a player, and the person permits such to occur or continue or makes no effort to prevent its occurrence or continuation, that person shall be considered as being engaged in professional gambling; provided, that the proprietor of a bowling establishment who awards prizes obtained from player contributions, to players successfully knocking down pins upon the contingency of identifiable pins being placed in a specified position or combination of positions, as designated by the posted rules of the bowling establishment, where the proprietor does not participate in the proceeds of the "prize fund," shall not be construed to be engaging in "professional gambling" within the meaning of this title; provided further, that the books and records of the games shall be open to public inspection.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Private garage"
means an accessory building or an accessory portion of the main building, enclosed on not less than three sides and designed or used primarily for the shelter or storage of vehicles owned or operated only by the occupants of the main building or buildings.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Public garage"
means a building other than a private garage, used for the care, repair or storage of automobiles or where such vehicles are kept for remuneration, hire or sale.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Grade"
means the average of the finished ground level at the center of all exterior walls of a building. In case walls are parallel to and within five feet of a sidewalk, the sidewalk shall be considered the finished ground level.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Group home"
means a home operated similarly to a boardinghouse but not restricted to any number of guests or guest rooms, and the operator of which is licensed by the state or county to give special care and supervision to his or her charges.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Hard surface"
means asphalt, concrete or cement concrete which meets the requirements in the latest publication of the AASHTO Guide for Design of Pavement Structure.
(Ord. 2018-02 § 2 (Exh. A), 2018)
A. 
"Hazardous waste treatment and storage facility"
means a location at which hazardous waste is treated and/or stored and that requires an interim or final status permit from the State Department of Ecology under the hazardous waste regulations, Chapter 173-303 WAC, as now or hereafter amended.
B. 
Hazardous waste treatment and storage facilities are categorized as "on-site," "off-site" or both.
1. 
An "on-site" facility is one that treats and stores hazardous waste generated on the same, geographically contiguous, or bordering property.
2. 
An "off-site" facility is one that treats and stores hazardous waste generated on any property other than that on which the facility is located.
(Ord. 2018-02 § 2 (Exh. A), 2018)
A. 
An occupation, profession, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.
B. 
An accessory use of a dwelling unit for gainful employment which:
1. 
Is clearly incidental and subordinate to the use of the dwelling unit as a residence;
2. 
Is carried on solely within the main dwelling and does not alter or change the exterior character or appearances of the dwellings;
3. 
Is located in a residential district; and
4. 
Is created and operated as a sole proprietorship.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Small animal clinic" or "veterinary hospital"
means an establishment in which veterinary services are rendered to dogs, cats and other small animals and domestic pets. This definition is restricted to domesticated animals other than livestock, where veterinary services and temporary boarding are rendered. This definition does not apply to kennels for boarding, breeding, training or other nonveterinary services for domesticated animals.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Hotel"
means a building in which there are six or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"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, papers, metal, rubber, or other articles commonly known as junk.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Kennel"
means a house, enclosure, or other structure in which six or more domestic animals over six months in age are kept for breeding, sale, training, boarding, or sporting purposes or are kept or cared for as pets or for any other purpose.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Kitchen"
means any room or rooms, or portion of a room or rooms, used, intended, or designed to be used for cooking or the preparation of food.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Landfill"
means an open area devoted to the open disposal of refuse, including incineration, reduction, or dumping of ashes, garbage, combustible or noncombustible refuse, but not including transfer stations.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Lewd"
means showing, or intended to excite, lust or sexual, unlearned; ignorant; unprincipled; vicious. (Webster's New World Dictionary of the American Language; Second College Edition.)
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Livestock"
means horses, bovine animals, sheep, goats, swine, donkeys, mules, and fowls (chickens, turkeys, pigeons, etc.).
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Loading space"
means an on-site space or berth on the same lot or site with the buildings or use served, such space to serve for the temporary parking of a vehicle while loading or unloading merchandise, materials, or passengers.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Lot"
means a parcel or plat of land shown as an individual unit or ownership on the most recent plat or other record of subdivision.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Corner lot"
means a lot situated at the intersection of two streets or roads, by which the interior angle does not exceed 135 degrees. Does not include alleys.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Lot depth"
means the horizontal length of a straight line drawn from the midpoint of the front lot line and at right angles to such line to its intersection with a line parallel to the front lot line and passing through the midpoint of the rear lot line. In the case of a lot having a curved front line, the lot front line, for purposes of this section, shall be deemed to be a line tangent to the curve and parallel to a straight line connecting the points of intersection of the lot side lines of the lot with the front lot line (see Figure 1, Chapter 17.28 CRMC).
(Ord. 2018-02 § 2 (Exh. A), 2018)
The "front lot line" means that boundary of a lot which is along an existing or dedicated public street, or where no public street exists, along a public way.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Rear lot line"
means a lot line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangle or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply:
A. 
For a triangular or gore-shaped lot, a line 10 feet in length within the lot and farthest removed from the front lot line and at right angles to the line comprising the depth of such lot shall be used as the rear lot line.
B. 
In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the recorded rear lot line.
(Ord. 2018-02 § 2 (Exh. A), 2018)
The "side lot line" means any boundary of a lot which is not a front line or a rear lot line.
(Ord. 2018-02 § 2 (Exh. A), 2018)
A "reverse frontage lot" is a double frontage lot for which the boundary along one of the streets is established as the rear lot line, and over the rear of which is a utility easement. The rear lot line of the lot shall be that boundary abutting a primary arterial, railroad right-of-way or other disadvantageous use.
(Ord. 2018-02 § 2 (Exh. A), 2018)
A "reversed corner lot" is a corner lot where the side lot lines are substantially a continuation of the front lot line of the first lot to its rear.
(Ord. 2018-02 § 2 (Exh. A), 2018)
A "lot width" is the horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Manufactured home"
means a single-family residence constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes which:
A. 
Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long;
B. 
Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch; and
C. 
Has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Marijuana – Medical cooperative" or "cooperative"
means a group of more than one, but no more than four, qualified medical marijuana patients and/or designated providers registered with the Washington State Liquor and Cannabis Board who share responsibility for growing and processing marijuana only for the medical use of the members of the cooperative, in accordance with the provisions of RCW Title 69 and WAC Title 314.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Marijuana – Processing" or "processor"
means a person licensed by the Washington State Liquor and Cannabis Board to process marijuana into marijuana concentrates, useable marijuana, and marijuana-infused products, package and label marijuana concentrates, useable marijuana, and marijuana-infused products for sale in retail outlets, and sell marijuana concentrates, useable marijuana, and marijuana-infused products at wholesale to marijuana retailers, in accordance with the provisions of RCW Title 69 and WAC Title 314.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Motel"
means a group of attached or detached buildings containing individual sleeping units where a majority of such units open individually and directly to the outside, and where a garage is attached to, or a parking space is conveniently located to, each unit, all for the temporary use by automobile tourists or transients. In the building, there may be included one apartment for use of the residential manager.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Neighborhood commercial"
provides for commercial services directed toward surrounding residents and is located in or near residential districts. The intent of the neighborhood commercial use is to provide convenient retail sales and services to the surrounding residential area without significant additional traffic, noise or light impacts to the residents.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Nonconforming lot"
means a lot existing at the effective date of the ordinance codified in this chapter (and not created for the purposes of evading the restrictions of this chapter) that does not meet the minimum area requirement of the district in which the lot is located.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Nonconforming use"
means a nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a nonconforming use.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with running a bakery in a residentially zoned area is a nonconforming use.)
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Obscene"
means offensive to one's feelings, or to prevailing notions, of modesty or decency; lewd, disgusting; repulsive. (Webster's New World Dictionary of the American Language; Second College Edition.)
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Private parking area"
means an open area other than a street, alley or other public property, limited to the parking of automobiles of occupants of a dwelling, hotel, motel, apartment house, boardinghouse, or lodginghouse to which these facilities are appurtenant.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Parking space"
means an unobstructed space or area other than a street or alley that is permanently reserved and maintained for the parking of one motor vehicle.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Preexisting use"
means a use which was lawfully established and maintained, but which, because of the application of this title to it, no longer conforms to the use regulations of the zone in which it is located as defined by this title.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Professional offices"
means offices maintained and used as a place of business conducted by persons engaged in recognized professions, and others whose business activity consists primarily of services to the person and distinguished from the handling of commodities.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Public utility"
means a private corporation performing a public service and subject to special governmental regulations; or a governmental agency performing a similar public service, the services by either of which are paid for directly by individual recipients. Such services shall include, but are not limited to, water supply, electric power, gas, and transportation of persons and freight.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Recreational vehicle"
means a structure that is:
A. 
Intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle); and
B. 
Designed for temporary use as sleeping quarters but that does not satisfy one or more of the definitional criteria of a manufactured home.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Residence"
means a building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings. The term "residence" includes the term "residential" as referring to the type of or intended use of a building or structure.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Right-of-way"
means all public streets and property dedicated to public use for streets together with public property reserved for utilities, walkways, sidewalks, bikeways and/or equestrian trails.
(Ord. 2018-02 § 2 (Exh. A), 2018)
A "private road" is a roadway intended for the use of one or more private individuals and developed and maintained by those private individuals who benefit from its establishment.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Public road"
means a highway or roadway established and adopted by the proper authorities for the use of the general public, and over which every person has a right to pass and use for all purposes of travel or transportation to which it is adopted and developed.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"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. An openwork covering shall not be considered a roof if the upper horizontal surface area of the component solid portions thereof measured on the horizontal plane do not exceed 20 percent of the area of the covering.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Semi-nude"
means a state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Automobile service station"
means an occupancy which provides for:
A. 
The servicing of motor vehicles and operation incidental thereto limited to the retail sale of petroleum products and automotive accessories; automobile washing by hand; waxing and polishing of automobiles; tire changing and repairing (excluding repair and rebuilding); radiator cleaning and flushing (excluding steam cleaning and repair); and installation of accessories;
B. 
General auto repairs and maintenance if conducted within a building.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Sign"
means:
A. 
A structure or device designed or intended to convey information to the public in written or pictorial form.
B. 
Any device or visual communication that is used for the purpose of bringing the subject thereof to the attention of the public.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Flashing sign"
means an illuminated sign on which the light is not constant in apparent intensity and color when in use; provided, that a slowly revolving sign will not be considered a flashing sign.
(Ord. 2018-02 § 2 (Exh. A), 2018)
The "gross area of a sign" means the area within a continuous perimeter enclosing the outer limits of the sign face, but not including structural elements which are not a part of the display. The gross area of a two-faced sign equals the area of one side. The gross area of a spherical, cubical or polyhedral sign equals one-half the total surface area.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Site plan"
means a plan, prepared to scale, showing accurately and with complete dimensioning the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a special parcel of land.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Small animals"
includes animals, fish or fowl permitted in the house or yard and kept for company or pleasure, such as dogs, cats, rabbits, canaries, parrots, parakeets, or goldfish.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Specified sexually oriented businesses"
means businesses which display through films, books, magazines, cabarets, dance clubs, etc., the following:
A. 
Human female(s) less than completely and opaquely covered human genitals, pubic region, buttocks, anus or breasts below a point immediately above the top of areolae; or
B. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Special use permit"
means results of action taken by the hearings examiner regarding certain uses of property that may or may not be detrimental to the public health, safety, morals and general welfare. Depending on the facts in each particular case, the hearings examiner may or may not grant a permit.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Spot zoning"
means zoning amendments or actions which are determined to be contrary to the comprehensive plan, or appear to be solely for the benefit of the owner and not related to the welfare of the community. Zoning for a use classification totally different and inconsistent with the classification of surrounding lands.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Stand"
means a structure for the display and sale of products with no space for customers within the structure itself (i.e., fruit/concession stand).
(Ord. 2018-02 § 2 (Exh. A), 2018)
"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 is 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 is more than six feet above grade, such basement shall be considered a story.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Street"
means a public or recorded private thoroughfare which affords primary means of access to abutting property. A recorded private thoroughfare may be recorded easement for ingress or egress or a platted street designated as a private thoroughfare for access of abutting property but for which the city assumes no responsibility of ownership and is available for use to the abutting property owners only. A private thoroughfare shall not be considered a street unless accepted by the city and recorded with the Cowlitz County auditor.
(Ord. 2018-02 § 2 (Exh. A), 2018)
A "cul-de-sac street" is a short street having one end open to traffic and the other end permanently terminated and provided with a vehicular turnaround sufficient to accommodate an emergency vehicle.
(Ord. 2018-02 § 2 (Exh. A), 2018)
A "loop street" means an access street of limited length which generally follows a "U" alignment with both legs intercepting the same street.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Side street"
means a street which is adjacent to a corner lot or a reverse corner lot and which extends in the general direction of the line determining the depth of the lot.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Structural alteration"
means any change in the supporting members of a building or structure, such as foundations, bearing walls, columns, beams, floor or floor joists, girders or rafters, or changes in the exterior dimensions of the building or structure, or increase in floor space.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Structure"
means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Treatment"
means the physical, chemical or biological processing of hazardous waste to make such waste nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage or reduced in volume. A hazardous waste treatment facility requires a state dangerous waste permit under the provisions of Chapter 173-303 WAC.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Use"
of property is the purpose or activity for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained and shall include any manner of performance of such activity with respect to the performance standards of this title.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Nonconforming use"
means a lawful use of land or structure in existence on the effective date of the ordinance codified in this title or at the time of any amendments thereto and which does not conform to the use regulations of the zone in which such use is located.
(Ord. 2018-02 § 2 (Exh. A), 2018)
A "variance" is the means by which an adjustment is made in the application of the specific regulations of a zoning ordinance to a particular piece of property because of special circumstances applicable to it, and to which the property is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone and which adjustment remedies disparity in privileges.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Yard"
means an open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward on which a building is located.
(Ord. 2018-02 § 2 (Exh. A), 2018)
"Zero lot line development"
means a development containing two or more dwelling units which have no yard on one or more of the side lot lines. Dwelling units in zero lot line developments are located in such a manner that one or more of a building's sides rest directly on a side lot line and each dwelling unit is located exclusively on one lot, except for the common wall which is separated by the property line. Zero lot line developments may include attached or detached dwelling units.
(Ord. 2024-03 § 3 (Exh. C), 2024)
"Zone"
means an area accurately defined as to boundaries and location, and classified by this title as available for certain types of uses and excluding other types of uses.
(Ord. 2018-02 § 2 (Exh. A), 2018)