The purpose of this chapter is to provide a primary source for the definition of terms used in Titles 10, 11, 12, 13, 14, 15 and 16. The definitions herein are applicable to those titles within the context of their use. These definitions do not supersede or replace the definitions of other terms found in the enumerated titles.
If a term is not specifically defined in this section, an applicant may request from the administrator an administrative interpretation, in which the administrator shall reference the most current edition of Webster’s Dictionary, Black’s Law Dictionary or the New Illustrated Book of Development Regulations.
Whenever the following words and phrases appear in this title, they shall be given the meanings attributed to them by this chapter. When not inconsistent with the context, words used in the present tense shall include the future; the singular shall include the plural and the plural the singular; the word “shall” is always mandatory, and the word “may” indicates a use of discretion in making a decision.
(Res. 2007-100 (part), 7/2/07; Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
[1]
Code reviser’s note: Resolution 2020-68 sets out Chapter 14.98 in its entirety and includes code section numbers for each definition. Prior to Resolution 2020-68, all definitions were in Section 14.98.020 and were based on Resos. 2012-78, 8/14/12; 2011-86, 10/4/11; 2010-68, 7/13/10; 2009-23, 2/23/09; 2008-141, 10/7/08; 2008-86, 5/20/08; 2007-165, 12/11/07; 2007-164, 12/11/07; 2007-104, 7/10/07; 2007-100, 7/2/07; and 2006-79 § 915, 6/20/06.
“AASHTO”
means the American Association of State Highway and Traffic Officials.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Abate”
means to take whatever steps are necessary to return a property to the condition in which it existed before a code violation occurred or to assure that the property complies with applicable code requirements. “Abatement” may include, but is not limited to, rehabilitation, demolition, removal, replacement or repair.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Abut”
means to physically touch or border upon, or to share a common property line but not overlap.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Access”
means a way or means of approach to provide physical vehicular or pedestrian entrance to a property.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Accessory dwelling unit”
means a separate dwelling unit, which may be attached, detached, or located within the primary residence. No mobile home or recreational vehicle shall be an accessory dwelling unit. Such dwelling shall be subject to the requirements and conditions provided in Chapter 11.88.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Accessory use/structure”
means a use of land or building or portion thereof which is customarily incidental and subordinate to a principal use of the land or building and located on the same lot or within the same project as the principal use. For the purpose of determining an accessory use/structure, a dock/pier is not considered a principal use.
(Res. 2012-78 (part), 8/14/12; Res. 2014-38 (Atts. A, B) (part), 4/15/14; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Adjacent”
means abutting on public roads, streets, rights-of-way or easements in which street system improvements are installed or directly connecting to street system improvements through an interest in real property such as an easement or license.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Administrator”
shall mean the director of the Chelan County community development department or his/her designated representative, who is vested with the duty of administering subdivision and platting regulations within the unincorporated area of Chelan County. For Chapter 15.30, Road Standards, “administrator” shall mean the Chelan County public works director.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“ADT”
means average daily traffic as determined by the latest edition of the Trip Generation Manual as published by the Institute of Transportation Engineers.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Adult family home”
means a regular family abode in which a person or persons provides 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.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Agricultural processing facility”
means a facility which adds value to, refines, or processes raw agricultural goods, including but not limited to washing, sorting, cutting, drying, bagging, freezing, cold storage/controlled atmosphere and/or packing. Types of businesses include but are not limited to cold storage/controlled atmosphere buildings handling less than three hundred thousand boxes a year.
All marijuana or cannabis in all forms, and the growing, production, processing, selling or transporting thereof, is excluded from the definition of agriculture, agriculture related, and agricultural use.
(Res. 2012-78 (part), 8/14/12; Res. 2014-38 (Atts. A, B) (part), 4/15/14; Res. 2016-32 (Exh. A) (part), 3/29/16; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Agricultural structure(s)”
means a building or structure, such as a barn, outbuilding, pumphouse or other structure necessary for the support and service of agricultural activities. It does not include retail structures.
All marijuana or cannabis in all forms, and the growing, production, processing, selling or transporting thereof is excluded from the definition of agriculture, agriculture-related, and agricultural use.
(Res. 2012-78 (part), 8/14/12; Res. 2016-32 (Exh. A) (part), 3/29/16; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Agricultural support service”
means any nonagricultural use which is directly related to agriculture and directly dependent upon agriculture for its existence. These support services exist within districts that are intended to facilitate the production, marketing and distribution of agricultural products. Such services include, but are not limited to, ag equipment repair, trucking operations, equipment rental and agricultural research facilities. All marijuana or cannabis in all forms, and the growing, production, processing, selling or transporting thereof, is excluded from the definition of agriculture, agriculture related, and agricultural use.
(Res. 2012-78 (part), 8/14/12; Res. 2016-32 (Exh. A) (part), 3/29/16; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Agricultural theme market”
means a building, structure, or land area used for the sale of fresh fruit or vegetables, grown either on or off site, and may include, as incidental and accessory to the principal use, wineries, places of public/private assembly, and food and beverage service. An agricultural market is distinguished from a home fruit stand by a larger scale of activity and a greater range of products offered. This definition does not include the sale of livestock, gasoline or fuels.
All marijuana or cannabis in all forms, and the growing, production, processing, selling or transporting thereof, is excluded from the definition of agriculture, agriculture-related, and agricultural use.
(Res. 2012-78 (part), 8/14/12; Res. 2016-32 (Exh. A) (part), 3/29/16; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Agricultural tourism”
refers to the act of visiting a working farm or any agricultural, horticultural or agribusiness operation for the purpose of enjoyment, education or active involvement in the activities of the farm or operation.
All marijuana or cannabis in all forms, and the growing, production, processing, selling or transporting thereof, is excluded from the definition of agriculture, agriculture related, and agricultural use.
(Res. 2012-78 (part), 8/14/12; Res. 2016-32 (Exh. A) (part), 3/29/16; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Agricultural use”
means the tilling of the soil, the raising of crops, forestry, horticulture, gardening, keeping or raising of livestock and poultry and any agricultural industry or business such as dairies, nurseries, wholesale green-houses or similar uses.
All marijuana or cannabis in all forms, and the growing, production, processing, selling or transporting thereof, is excluded from the definition of agriculture, agriculture related, and agricultural use.
(Res. 2012-78 (part), 8/14/12; Res. 2016-32 (Exh. A) (part), 3/29/16; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Agriculturally related industry”
means uses directly related to the processing, storage, or physical or chemical alteration of the agricultural product. Such industries include, but are not limited to, canning, butchering, bottling, refining, cold storage/controlled atmosphere, food processing facilities. Types of businesses include but are not limited to cold storage/controlled atmosphere buildings handling three hundred thousand or more boxes a year.
All marijuana or cannabis in all forms, and the growing, production, processing, selling or transporting thereof, is excluded from the definition of agriculture, agriculture related, and agricultural use.
(Res. 2012-78 (part), 8/14/12; Res. 2014-38 (Atts. A, B) (part), 4/15/14; Res. 2016-32 (Exh. A) (part), 3/29/16; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Alley”
means a service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Alternative antenna support structure”
includes flat roofs of buildings, bell towers, clock towers, water towers, church steeples, street light standards, traffic light and traffic sign structures, billboards and commercial signs, and other manmade structures and devices that extend vertically from the ground to a sufficient height or elevation to accommodate the attachment of antennas at an altitude or elevation that is commercially desirable for wireless communications signal transmission and reception.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Amendment”
means a change in the wording, context, or substance of this title or a change in the zoning district boundaries upon the zoning map, which is a part of this title when adopted by the board.
(Res. 2020-68 (Exh. C) (part), 6/16/20)
“Animal boarding facility”
means a facility where live-stock such as horses, cattle, sheep, etc., are housed, fed, and cared for, excluding a veterinary clinic, for a period greater than twenty-four hours, for commercial purposes. Such uses shall include, but are not limited to, boarding stables and riding academies.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Antenna”
means a specific device the surface of which is used to receive or capture incoming and/or transmit outgoing radio frequency (RF) signals, microwave signals, or other communications energy transmitted from or to be received by other antennas.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Antenna, ancillary”
means an antenna designed primarily to receive and transmit signals described as “personal wireless communication services,” including global positioning satellite (GPS) data, personal communications service (PCS) technology and pagers.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Antenna array”
means two or more devices used for the transmission or reception of radio frequency (RF) signals, microwave or other signals for commercial communications purposes and may include omnidirectional, directional, parabolic, or ancillary antennas. Two or more antennas situated or mounted upon or attached to a single platform or mounting structure which is affixed or attached to the top of an antenna support structure or mid-way thereon, or to an alternative antenna support structure, including the roof of a flat-roofed building, are included in the definition of antenna array.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Antenna support structure”
means a structure or device specifically designed, constructed and/or erected for the purpose of attaching, mounting or otherwise affixing antennas at a height, altitude or elevation which is significantly above the base of such structure; antenna support structures include the following:
(1) 
“Lattice tower”
means a vertical support structure consisting of a network of crossed metal braces, forming a tower which may be three, four, or more sided;
(2) 
“Monopole tower”
means a vertical support structure consisting of a single vertical metal, concrete, or wooden pole, typically round or square, and driven into the ground or attached to a foundation.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-140 (Att. A), 12/7/21)
“Applicant”
means a person(s) or developer who submits an application for a land use action with the county.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Approved site plan”
means a drawing which identifies the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by this title; contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the local governmental body having authority to approve the site plan; and contains provisions establishing conformity with the site plan.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“As-built”
means the original construction drawings revised to incorporate information pertaining to the street and/or utility improvements as they were constructed.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Automobile wrecking yard”
means an area in which is conducted the dismantling and/or wrecking of used motor vehicles, machinery or trailers or the storage or sale of dismantled, obsolete or wrecked vehicles or their parts or the storage of motor vehicles unable to be moved under the power of the vehicle.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Auxiliary lane”
means the portion of the roadway adjoining the traveled way for parking, turning, or other purposes supplementary to through-traffic movement.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Base flood”
means the flood having a one percent chance of being equaled or exceeded in any given year. Also known as the “one-hundred-year flood.”
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Bed and breakfast”
means a facility in which one kitchen, a shared dining area, and not more than a total of three lodging units are available within a single-family residence providing short-term lodging and food services for paying guests. This definition excludes short-term rentals.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-95 (Att. A), 7/27/21)
For the purposes of Chapter 11.88, a “bedroom” means either enclosed or open areas within a structure being used as a short-term rental that provides sleeping accommodations such as mattresses, beds, sofa sleepers, roll away beds, day/trundle beds, bunkbeds, Murphy beds, etc. Any space used as a short-term rental bedroom under this section shall have a door or window of egress to the outside that meets the International Residential Code standard for a bedroom, and must be equipped with a working smoke alarm within the room.
(Res. 2021-95 (Att. A), 7/27/21)
[1]
Code reviser’s note: Res. 2021-95 added this section as Section 14.98.1632. It has been editorially renumbered to place it in alphabetical order.
“Benefit area”
means that area which includes all parcels of real property adjacent to street system improvements or likely to require connection to or service by utility system improvements constructed by a developer.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Berm”
means an earthen mound designed to provide visual interest, screen undesirable views, decrease noise or separate incompatible uses.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Best management practices”
means conservation practices or systems or practices and management measures that:
(1) 
Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics and sediment.
(2) 
Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical, and biological characteristics of hydrologically related critical areas.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Binding site plan”
means a drawing that identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by this chapter; contains inscriptions or attachments setting forth appropriate limitations and conditions for the use of the land; and contains provisions requiring any development proceeding thereunder.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Bio-engineering”
means project designs or construction methods which use live woody vegetation or a combination of live woody vegetation and specially developed natural or synthetic materials to establish a complex root grid within the existing bank which is resistant to erosion, provides bank stability, and maintains a healthy riparian environment with habitat features important to fish life.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Block”
means a group of lots, tracts or parcels within well-defined and fixed boundaries.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Buffer”
means a portion of land that is designed and designated to remain permanently vegetated in an undisturbed and natural condition to protect an adjacent aquatic or wetland site from upland impacts, to provide habitat for wildlife and to afford limited public access.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Buildable area”
means the area of a lot remaining after the minimum yard setbacks, open space, critical area buffers, and all other requirements have been met.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Building”
means any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods or materials of any kind.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Building height”
means the vertical distance from the average elevation of the actual or proposed finished grade to the top of the highest roof beams on a flat or shed roof, the deck level on a mansard roof and the average distance between the eaves and the ridge level for gable, hip and gambrel roofs.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Bulb”
means a round area for vehicle turnaround typically located at the end of a cul-de-sac street.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Business incubator”
means a facility that provides shared space, such as offices, a commercial kitchen, and/or a food truck or market area, for entrepreneurs and small businesses to create and sell local products, such as food and handcrafts. A business incubator may also feature entrepreneurship education programming.
(Res. 2023-24 (Att. A), 2/7/23)
“Cabin”
means a permanent structure which provides basic accommodation for temporary use.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Caliper”
means the trunk diameter of a tree measured six inches above the ground for trees up to four inches in size, and twelve inches above the ground for larger trees.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Camp site”
means a specific area within an RV park or campground that is set aside for use by a camping unit.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Campground”
means any parcel or tract of land under the control of any person, organization, or governmental entity wherein two or more recreational vehicle, recreational park trailer or other camping unit sites are offered for the use of the public or members of an organization.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Camping unit”
means any structure, shelter or vehicle designed and intended for occupancy by persons engaged in camping. The basic units are: recreational vehicle, tent, teepee, yurt, or other portable shelter or a permanent structure when related to glamping.
(Res. 2012-78 (part), 8/14/12; Res. 2014-38 (Atts. A, B) (part), 4/15/14; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Carport”
means an accessory building or portion of a main building used as a covered shelter for an automobile and open on two or more sides.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Citation”
means a written order issued by the administrator imposing a fine for failure to abate a civil code violation(s).
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Civil code violation”
means any act or omission contrary to any ordinance, resolution or regulation regulated by this title or an act or omission contrary to the conditions of any permit, notice and order, or stop work order issued pursuant to any such ordinance, regulation or resolution regulated by this title. Each civil code violation shall constitute a separate infraction for each and every day or portion thereof during which a violation is continued.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Clear view triangle”
shall consist of the area bounded by the centerlines of the intersecting streets extending along the centerlines for a distance of eighty feet from the intersection and a straight line connecting the ends of these two lines; provided, that each of the intersecting streets extend at least one hundred feet from the point of intersection.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Clearing”
means the destruction and removal of vegetation by burning, mechanical, or chemical methods.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Cluster development”
means the arrangement or grouping of lots on an overall parcel or parcels to increase densities on some portions of the property to preserve the rest of the parcel for open space, forest or agricultural use, recreation or preservation of environmentally sensitive areas or for future development if zoning regulations allow.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Co-location”
means the use of a single antenna support structure, alternative antenna support structure, or underground conduit or duct, by more than one wireless communication service provider to accommodate wireless communications facilities of two or more wireless communications service providers.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-140 (Att. A), 12/7/21)
“Commercial amusement/recreation facilities”
means establishments engaged in providing entertainment or recreation for a fee and including, but not limited to, such activities as dance halls; studios; theatrical productions; bands; orchestras; bowling alleys; billiard establishments, arenas, rinks; membership sports and health clubs, swimming pools; expositions; game parlors; amusement parks; racetracks; and golf courses.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Commercial feed lot”
means a confined area or structure used for feeding, breeding or holding livestock for eventual sale or slaughter and in which animal waste accumulates faster than it can naturally dissipate without creating a potential for a health hazard, particularly with regard to surface and groundwater; but not including barns, pens or other structures used in a dairy operation or structures on farms holding livestock primarily during winter periods.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Communication tower”
means any tower, pole, mast, whip, antenna, or any combination used for radio, television, cellular, or microwave telecommunications, broad-cast transmission or line-of-sight relay, including amateur radio service.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-140 (Att. A), 12/7/21)
“Comprehensive plan”
means any map, plan, or policy statement pertaining to the development of land use, streets and roads, or public utilities and facilities, for all or any portion of the unincorporated territory of Chelan County which has been officially adopted by the county commissioners of Chelan County.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Conditional use”
means a use permitted only after demonstrating that such use, in the specified location, will comply with all conditions and standards of operation of the use as specified in Chelan County Code and by the hearing examiner.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Confined aquifer”
means a section of an aquifer over-lain by low-permeability strata that lower the probability of ground water contamination from surface sources. A highly confined aquifer will receive very little leakage from the confining strata, but may be subject to artificial penetrations such as abandoned boreholes. Depending on (A) the presence of permeable pathways and/or (B) the existence of certain hydrogeologic conditions, contamination is possible.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Conservancy environment”
(as defined and designated in the shoreline master program use regulations of Chelan County) means an area characterized by a potential for diffuse outdoor recreation activities, timber harvesting on a sustained yield basis, passive agricultural uses such as pasture and range lands, and other related development.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Conservation easement”
means a legal agreement between a landowner and a conservation organization or agency which transfers development rights to the conservation organization or agency for the purpose of protecting environmentally significant land.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Contaminant”
means any chemical, physical, biological, or radiological substance at concentrations and duration as to be injurious to human health or welfare or shown to be ecologically damaging.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Cottage industry”
means small-scale industrial, commercial, or service operations, on a parcel where the operator resides; frequently with an art or craft orientation or related to information processing or the natural resources of the area. However, it may be of any type, so long as the scale of the operation is in keeping with the surrounding area and off-site impacts are compatible in intensity to those generated by residential use allowed in the zone.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Critical areas”
include the following:
(1) 
Wetlands;
(2) 
Areas with a critical recharging effect on aquifers used for potable water;
(3) 
Fish and wildlife habitat conservation areas;
(4) 
Frequently flooded areas; and
(5) 
Geologically hazardous areas.
(Res. 2012-78 (part), 8/14/12; Res. 2017-119 (Att. B) (part), 12/19/17; Res. 2021-54 (Att. A), 5/4/21)
“Critical material”
means a substance present in sufficient quantity that its accidental or intentional release would result in the impairment of the aquifer water to be used as potable drinking water.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Cul-de-sac”
means a street having one end open to traffic and the other temporarily or permanently terminated by a vehicle turnaround.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Data center”
means a facility where a large group of networked computer systems and associated components are used for the remote storage, processing, and/or distribution of large amounts of data. A server farm, telecom hotel, carrier hotel, or any other term applicable to facilities which are used for these specified purposes shall be classified as a data center.
(Res. 2021-139 (Att. A), 12/7/21)
“Daycare center/preschool”
means any preschool, day nursery, nursery school, home-based child daycare nursery or other building or premises regularly used for the daycare of a group of children for periods of less than twenty-four hours, apart from their parents or guardians, governed by the state daycare center licensing provisions and conducted in accordance with state requirements.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Daycare, family home”
means any day nursery or nursery school operation located within a single-family residence regularly used for the daycare of a group of children, not to exceed twelve children, for periods of less than twenty-four hours, apart from their parents or guardians, governed by the state daycare center licensing provisions and conducted in accordance with state requirements.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Dedication”
means the deliberate appropriation of land by an owner for any general and public uses, reserving to him no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Department”
means the Chelan County community development department or the department of public works, as required.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Developed open space”
means a landscaped area maintained for the purpose of human activity, including, but not limited to, parks, bridal paths, play fields, play-grounds, golf courses, arboretums, botanical gardens, nonmotorized trails and other similar uses, including uses and structures that are accessory and supportive of the primary open space activity. Driving ranges are not considered developed open space unless operated accessory to a golf course.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Developer”
means any person, firm, partnership, association, joint venture or corporation, or any other entity, who undertakes to improve residential, commercial, or industrial property or to subdivide for the purpose of resale and profit.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Development”
means the construction or exterior alteration of a structure or structures, dredging, drilling, dumping, filling, removal of natural resources or vegetation, placing of obstructions, any project of a permanent nature or changes in the use of land or preparation for the change of use of land except as allowed by the provisions of this title.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Development agreement”
means an agreement, pursuant to RCW 36.70B.170, which sets forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Development, major”
includes the following or similar land uses: three residential dwelling units or greater excluding accessory dwelling units, feed lots, mine development, active recreation, commercial and industrial structures greater than one thousand five hundred square feet in size, major subdivisions, conditional use permits which have the potential to have moderate or high levels of impact to fish and wildlife conservation areas, and planned developments.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-54 (Att. A), 5/4/21)
“Development, minor”
includes the following or similar uses: home occupations and daycare facilities, dependent care housing, bed and breakfasts, agricultural uses, signage, single-family dwelling units, duplexes, commercial and industrial structures smaller than one thousand five hundred square feet in size, accessory structures, accessory dwelling units, and short subdivisions.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-54 (Att. A), 5/4/21)
“DHV”
means design hourly volume as determined by the latest edition of the Trip Generation Manual as published by the Institute of Transportation Engineers.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Director”
means the director of the Chelan County department of community development or designee. This term is synonymous with administrator.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Distillery”
means a place where distillation (a process of separating the component substances from a liquid mixture by selective evaporation and condensation to create alcohol) takes place. For the purpose of administration of Chelan County codes, distillery is synonymous with winery.
(Res. 2015-73 (Atts. A, B) (part), 8/4/15; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Drive-thru espresso stand”
means a commercial coffee/beverage business utilizing a driveway to accommodate the business transaction from one’s car. Additionally, a drive-thru espresso stand may include, as an incidental use, a walk-up window to serve pedestrian and nonvehicular customers.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Driveway”
means a privately maintained access to residential, commercial, or industrial properties.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Duplex”
means a building containing two single-family dwelling units totally separated from each other by a fire separation wall extending from ground to roof.
(Res. 2012-78 (part), 8/14/12; Res. 2018-8 (Att. A) (part), 1/30/18; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Dwelling unit”
means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-95 (Att. A), 7/27/21; Res. 2024-12 (Att. A), 2/13/24)
“Easement”
means a right to use land for a specific purpose or purposes and held by persons or entities other than the owner.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Electric vehicle charging station”
means a public or private parking space that is served by charging equipment that has as its primary purpose the transfer of electric energy to a battery or other energy storage device in an electric vehicle. It may include a battery charging station, battery exchange station, rapid charging station and/or electric vehicle infrastructure, as defined in RCW 36.70A.695(5).
(Res. 2017-119 (Att. B) (part), 12/19/17; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Emergency”
means a situation which the administrator determines requires immediate action to prevent or eliminate a threat to the health or safety of persons, property or the environment.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Emergency exemption”
means an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with this code.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Engineering geology”
means a specialty of geology affecting the planning, design, operation, and maintenance of engineering works and other human activities where geological factors and conditions impact the public welfare or the safeguarding of life, health, property, and the environment.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Enhanced on-site sewage system”
means a system determined by the Chelan-Douglas health district to have natural or designed features providing a fifty percent increase in phosphate soil binding sites above what would otherwise be provided by minimal compliance with Chelan-Douglas health district requirements, or an equivalent means of phosphate reduction.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Equipment enclosure”
means a small structure, shelter, cabinet, box or vault designed for and used to house and protect the electronic equipment necessary and/or desirable for processing wireless communications signals and data, including any provisions for air conditioning, ventilations, or auxiliary electricity generators.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-140 (Att. A), 12/7/21)
“Erosion”
means the wearing away of the earth’s surface as a result of the movement of wind, water, or ice.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Erosion hazard areas”
are those areas containing soils which, according to the United States Department of Agriculture Natural Resources Conservation Service Soil Survey Program, may experience significant erosion. Erosion hazard areas also include coastal erosionprone areas and channel migration zones.
(Res. 2021-54 (Att. A), 5/4/21)
“Essential public facilities”
means those facilities, privately or publicly owned, typically difficult to site, such as airports, state educational facilities, state and regional transportation facilities, correctional facilities, solid waste handling facilities, inpatient facilities including substance abuse treatment centers, mental health facilities, group homes and secure community transition facilities and/or any facility listed on the state ten-year capital plan maintained by the Office of Financial Management.
(Res. 2012-78 (part), 8/14/12; Res. 2017-119 (Att. B) (part), 12/19/17; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Exemption”
means certain specific developments are exempt from the definition of development and are there-fore exempt from the development permit process.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Eyebrow”
means a partial bulb located adjacent to the serving road that provides access to lots and serves as a vehicle turnaround.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Fence”
means an artificially constructed barrier of an approved material or combination of materials erected to enclose, screen, or separate areas.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Filling”
means the act of placing (by any manner or mechanism) fill material from, to, or on any soil surface, sediment surface, or other fill material.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Final plat”
means the final drawing of the subdivision and dedication prepared for filing for record with the Chelan County auditor and containing all elements and requirements set forth in Chapter 58.17 RCW, as amended, and in this code.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Fire hydrant”
means a mechanical device which is self-draining, frost-free, and is constructed to provide the required fire flow for the area serviced.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Fish and wildlife habitat conservation areas”
are areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitats or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness.
“Fish and wildlife habitat conservation areas”
does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company, except where irrigation water is conveyed through a natural channel feature as part of its delivery.
(Res. 2021-54 (Att. A), 5/4/21)
“Floodplain”
includes all lands subject to flooding as depicted on the flood insurance rate maps (FIRM) and the floodway maps as published and from time to time amended by the Federal Emergency Management Agency (FEMA).
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Floodway”
means the primary channel of the river or other watercourse that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Floor area”
means the area included within the surrounding exterior walls of a building or portion thereof. The floor area of a building, or portion thereof, not provided with surrounding exterior wall shall be the usable area under the horizontal projection of the roof or floor above.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Forest practice”
means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, including but not limited to: road and trail construction; harvesting, final and intermediate; precommercial thinning, reforestation; fertilization; prevention and suppression of diseases and insects; salvage of trees; and brush control. “Forest practices” shall not include preparatory work such as tree marking, surveying and road flagging, and removal or harvesting of incidental vegetation from forest lands such as berries, ferns, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally be expected to result in damage to forest soils, timber, or public resources.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Forestry support services”
means any nonforestry use which is directly related to forestry and directly dependent on forestry for its existence. These support services exist within districts that are intended to facilitate the production, marketing and distribution of forest products, such as, but not limited to, equipment repair, trucking operations and equipment rental.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Frequently flooded area”
means lands in the flood-plain subject to at least a one percent or greater chance of flooding in any given year, or within areas subject to flooding due to high groundwater. These areas include, but are not limited to, streams, rivers, lakes, wetlands, and areas where high groundwater forms ponds on the ground surface.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-54 (Att. A), 5/4/21)
“Geologically hazardous areas”
means areas that because of their susceptibility to erosion, sliding, earth-quake, or other geological events, are not suited to siting commercial, residential, or industrial development consistent with public health or safety concerns.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-54 (Att. A), 5/4/21)
“Geologist”
means a person who is qualified to engage in the practice of geology, has met the qualifications under Chapter 18.220 RCW, and has been issued a license to practice geology in the state of Washington.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-54 (Att. A), 5/4/21)
“Geologist, engineering”
means a person who is qualified to engage in the practice of engineering geology, has met the qualifications under Chapter 18.220 RCW, and has been issued a license to practice engineering geology in the state of Washington.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-54 (Att. A), 5/4/21)
“Geotechnical engineer”
means a practicing professional/civil engineer licensed as a professional civil engineer with the state of Washington, with professional training and experience in geotechnical engineering, including at least five years’ professional experience in evaluating geologically hazardous areas.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-54 (Att. A), 5/4/21)
“Glamping”
means glamorous camping involving accommodations and facilities more luxurious than those associated with traditional camping, with additional amenities such as, but not limited to, electrical power, heat, running water; also see Section 14.98.360.
(Res. 2014-38 (Atts. A, B) (part), 4/15/14; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Grade”
means the average elevation of the finished ground level at the center of all walls of the building.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Grading”
means any excavating, filling, cleaning, leveling, or contouring of the ground surface by human or mechanical means.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Ground water management program”
means a comprehensive program designed to protect groundwater quality, to assure ground water quantity, and to provide for efficient management of water resources while recognizing existing ground water rights and meeting future needs consistent with local and state objectives, policies and authorities within a designated ground water management area or subarea and developed pursuant to Chapter 173-100 WAC.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Groundcover”
means low growing evergreen or deciduous plants, typically less than twenty-four inches in height at maturity, that provide relatively complete ground coverage beneath the foliage.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Guest house”
means an accessory building designed, constructed, and used for the purpose of providing temporary sleeping accommodations for guests, or for members of the same family as that occupying the main structure.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Guest inn”
means a facility with one kitchen, a shared dining area, with not more than a total of six lodging units, which are available within a single-family residence and/or cabin outbuildings providing short-term lodging and food services for paying guests. This definition excludes short-term rentals.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-95 (Att. A), 7/27/21)
“Habitable space”
means space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Half-street”
means a street constructed along the common right-of-way and development property line, utilizing a portion of the existing roadway.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Hazardous substance(s)”
means any liquid, solid, gas, or sludge, including any materials, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste; and including waste oil and petroleum products.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Hazardous waste”
includes all dangerous waste and extremely hazardous waste as designated pursuant to Chapter 70-105 RCW and Chapter 173-303 WAC.
(1) 
“Dangerous waste”
means any discarded, useless, unwanted, or abandoned substances including, but not limited to, certain pesticides, or any residue or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:
(A) 
Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties; or
(B) 
Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means.
(2) 
“Extremely hazardous waste”
means any waste which:
(A) 
Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic make-up of humans or wildlife; and
(B) 
Is disposed of at a disposal site in such quantities as would present an extreme hazard to humans or the environment.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Highly permeable soils”
include soil types 1A, 1B and 2A from Table II, Soil Textural Classification, WAC 246-272-11001. 1A: Very gravelly coarse sands or coarser, all extremely gravelly soils. 1B: Very gravelly medium sand, very gravelly fine sand, very gravelly very fine sand, very gravelly loamy sands. 2A: Coarse sands (also includes ASTM C-33 sand).
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Highway low impact business activity”
means commercial activity adjacent to state highways that has minimal impact on adjacent residential uses, and does not require upgraded existing access. This use is not designed for businesses that offer retail services generating daily customer traffic. Examples of this use may be an office headquarters for property owners’ business where no customers are on-site, or businesses where all activity occurs within a wholly enclosed structure, such as owner-operated boat/vehicle repair or small scale manufacturing. This use is intended to buffer residential uses in the rural residential zones from the impacts of being an adjacent or secondary lot along the state highway.
(Res. 2024-89 (Exh. A), 10/15/24)
“Home-based business”
means a limited-scale contracting, service or fabrication business operating from an established residence or residential accessory building where the business is subordinate to the primary use of the premises as a residence occupied by the operator.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Home occupation”
means a lawful occupation carried on entirely within a primary residential building as a clearly secondary use involving the occupant(s) thereof. Transacting wholesale-retail establishments are not considered home occupations.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Hospital”
means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical and mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Impervious surface”
means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. For purposes of determining whether thresholds for application of core elements are exceeded, open, uncovered retention or detention facilities shall not be considered as impervious surfaces. Open, uncovered retention or detention facilities shall be considered impervious surfaces for purposes of runoff modeling.
(Res. 2012-78 (part), 8/14/12; Res. 2014-38 (Atts. A, B) (part), 4/15/14; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Industrial park”
means a tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses with special attention to circulation, parking, utility needs and compatibility.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Inert waste”
means substances defined by WAC 173-350-990, such as construction materials, that have not been tainted, through exposure from chemical, physical, biological, or radiological substances, such that they present a threat to human health or the environment greater than that inherent to the material. These may include cured concrete, asphaltic materials that have been used for structural and construction purposes, brick and masonry, ceramic materials, glass, stainless steel and aluminum, and other items which are not capable of catching fire and burning from contact with flames, and maintain physical and chemical structure under expected conditions of storage.
(Res. 2012-78 (part), 8/14/12; Res. 2014-38 (Atts. A, B) (part), 4/15/14; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Inert waste site”
means a site in which construction, demolition or yard waste and/or inert material such as aggregate, soil, wood, vegetation, etc., is dumped and covered with soil or other suitable material or composted. Said wastes shall not include hazardous or toxic material.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Infill”
means the development of new housing or other buildings on scattered vacant sites in a built-up area.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Intervening ownership in riparian buffers”
means legal lots of record within riparian buffers which are separated from being adjacent to rivers, streams or lakes by an intervening legal lot of record; and provided, that such intervening legal lot of record is: a buildable lot adequate in size for the purposes of the placement of a single-family home or cabin or other structures of similar size or greater; or the legal lot of record is utilized as a public or private road or railway.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Junk”
means storage or accumulation of inoperable motor vehicles or equipment, vehicle or equipment parts, used lumber and building materials, pipe, appliances, demolition waste, or any used material.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Junkyard”
means any area, lot, parcel, building, structure or part thereof used for the storage, collection, processing, purchase, sale, salvage or disposal of scrap, junk or reclaimable material.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Kennel”
means a lot or building in which four or more domesticated house pets such as dogs or cats that are at least four months of age are kept commercially for board, propagation, training or sale.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Land use, high intensity”
means land uses which are associated with moderate or high levels of human disturbance or substantial wetland or riparian habitat impacts including, but not limited to, medium and high density residential, multifamily residential, active recreation, and commercial and industrial land uses.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Land use, low intensity”
includes single-family residential and related accessory structures and home occupational uses, uses that are associated with low levels of human disturbance or low wetland or riparian habitat impacts including but not limited to agriculture or forest management uses.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Landfill”
means a disposal facility or part of a facility which includes the permanent placement of hazardous or dangerous waste, solid waste, special waste, wood waste, inert and demolition waste landfills or unlined surface impoundments.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Landscaping”
means any combination of grass, groundcover, shrubs, vines, hedges, trees, or other plant materials and nonliving materials used to enhance existing site conditions.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Latecomer’s agreement”
means a written contract between the county and one or more developers providing partial reimbursement for cost of construction of street system improvements and/or utility system improvements to the developer by owners of property who are likely to utilize the improvements and who did not contribute to the original cost of construction.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Legal lot of record”
means:
(1) 
A lot created by a recorded subdivision or short subdivision; or
(2) 
A lot greater than twenty acres in size meeting the requirements for an exempt parcel as defined in the Chelan County subdivision code; or
(3) 
An approved certificate of exemption or boundary adjustment; or
(4) 
A lot created prior to October 17, 2000.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Livestock”
means domestic animals of types customarily raised or kept on farms for profit or other purposes, including cattle, bison, sheep, goats, swine, horses, mules, llamas, ostriches and other like animals.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Lodging facilities”
means establishments providing transient sleeping accommodations and may also provide additional services such as restaurants, meeting rooms and banquet rooms. Such uses may include, but are not limited to, hotels, motels and lodges greater than six rooms, and any overnight accommodation that is rented nightly for fewer than thirty consecutive nights or days and has an occupancy of greater than sixteen persons, including children.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-95 (Att. A), 7/27/21)
“Lodging unit”
means one self-contained unit designated by number, letter or some other method of identification.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-95 (Att. A), 7/27/21)
“Loop”
means a road of limited length forming a loop, having no other intersecting road, and functioning mainly as direct access to abutting properties that may be designated for one-way or two-way traffic.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Lot”
means a fractional part of divided lands having fixed boundaries, also known as property lines. The term shall include tracts and parcels.
(Res. 2012-78 (part), 8/14/12; Res. 2018-8 (Att. A) (part), 1/30/18; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Lot, corner”
means a lot or parcel of land abutting upon two or more streets, other than an alley, at their intersection.
(Res. 2012-78 (part), 8/14/12; Res. 2014-100 (Atts. A, B) (part), 10/7/14; Res. 2018-8 (Att. A) (part), 1/30/18; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Lot coverage”
means the ratio of the surface area measured by the exterior walls of the ground floor of all principal and accessory structures and decks, patios, etc., on a lot to the total lot area, as measured on a horizontal plain.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Lot depth”
means the average horizontal distance between the front lot line and the rear lot line. For the purposes of Chapters 11.78 and 11.80, lot depth is measured at the maximum and minimum points perpendicular to the opposing property line(s) or the ordinary high water mark, where the water body crosses through the parcel. Lot depth is measured separately on each side of the water-body.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-54 (Att. A), 5/4/21)
“Lot line”
means a line that divides one lot from another lot or from a public or private street or any other public space.
(Res. 2012-78 (part), 8/14/12; Res. 2018-8 (Att. A) (part), 1/30/18; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Lot line, front”
means a lot that abuts a street right-of-way or other primary means of vehicular access, other than an alley. Corner lots, or lots bounded by more than one street right-of-way, shall be considered to have two or more front lot lines each requiring a front yard setback.
(Res. 2012-78 (part), 8/14/12; Res. 2014-100 (Atts. A, B) (part), 10/7/14; Res. 2018-8 (Att. A) (part), 1/30/18; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Lot line, side”
means any lot line other than the front or rear lot line, except, where there are three or more front and/or rear lot lines then the remaining lot line shall be a side lot line.
(Res. 2012-78 (part), 8/14/12; Res. 2014-100 (Atts. A, B) (part), 10/7/14; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Lot width”
means the horizontal distance between the side lot 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.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Major subdivision”
means a division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale or the transfer of ownership; provided, however, for lands located in an urban growth area, a major subdivision is ten or more lots, except where the county has adopted the city’s subdivision code.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Manufactured home”
means a single-family dwelling constructed after June 15, 1976, in accordance with the U.S. Department of Housing and Urban Development (HUD) requirements; and designed for transportation after fabrication in one or more sections on its own chassis and wheels.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Manufactured home, designated”
means a manufactured home that meets the following:
(1) 
Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long;
(2) 
Was originally constructed with and now has a composition or wood shake or shingle, coated metal or similar roof of not less than three-to-twelve pitch; and
(3) 
Has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Manufactured/mobile home park”
means a site, lot, or tract of land under the management of one person, firm, or corporation intended for the occupancy of three or more manufactured/mobile homes for dwelling or sleeping purposes. This definition does not include parks for the location of recreational vehicles.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Mapped point location”
means generally but not limited to an individual occurrence, breeding location, communal roost or haul-out site for a state priority species, as identified by the priority habitats and species database and wildlife heritage database.
(Res. 2020-68 (Exh. C) (part), 6/16/20)
“Master planned resort”
means a fully integrated, self-contained planned unit development, in a setting of significant natural amenities, with its primary focus on destination resort facilities, consisting of short-term visitor accommodations associated with a range of developed on-site indoor and/or outdoor recreational facilities.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Meeting, public”
means an informal meeting, hearing, workshop or other public gathering to obtain comments from the public or other agencies on an application, proposed action or issue of community interest. A public meeting does not constitute an open record hearing.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Microbrewery”
means a place where limited quantities of beer and malt liquor are manufactured for sale or for limited distribution with an annual production of less than fifteen thousand U.S. barrels. For the purpose of administration of this code, “microbrewery” is synonymous with “winery.”
(Res. 2021-139 (Att. A), 12/7/21)
“Mineral resource activity”
means any activity which utilizes the storage, extraction, processing and sale of commercial and noncommercial mineral resources. Such activities may include, but are not limited to, stockpiling, crushing, sorting, batching of asphalt or concrete, preparation of a mining site for operation, ore extraction and reclamation of a mining site.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Mining”
means the act of extraction from the earth minerals and/or ores (including sand and gravel) via open pit, shaft, leaching or hydraulic methods.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Mixed use development”
means the development of a tract of land, building, or structure with a variety of uses, such as, but not limited to, residential, office, manufacturing, retail, public or entertainment in a compact urbanlike form.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Model home”
means a dwelling unit permitted in an approved preliminary plat prior to final plat recording which does not transfer ownership until after the final plat recording.
(Res. 2018-8 (Att. A) (part), 1/30/18; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Mobile home”
means a single-family dwelling unit constructed prior to June 15, 1976, designed on a permanent chassis, transportable in one or more sections that are eight feet or more in width and thirty-two feet or more in length.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Modular home”
means a manufactured structure designed for initial movement in whole or units without benefit of an undercarriage frame or wheels to a site of permanent placement on a full perimeter foundation. A modular home constructed to international codes standards and bearing the gold insignia from the Washington State Department of Labor and Industries shall be considered a single-family dwelling and not a manufactured/mobile home.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Natural resource support facility”
means any facility that provides equipment, supplies and/or service to industries and operations that are involved in mineral resource, timber, agriculture and other activities related to natural resources. Such facilities may include, but are not limited to, equipment sales and service, chemical sales and technical support, and processing of resource materials.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Nonconforming”
means a lot, use, building or structure which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails by reason of such adoption, revision or amendment to conform to the current requirements of the zoning district.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
(1) 
“Normal maintenance”
means those acts to prevent a decline, lapse, or cessation from a lawfully established condition.
(2) 
“Normal repair”
means to restore a development to a state comparable to its original condition within a reasonable period after decay or partial destruction except where repair involves total replacement which is not common practice or causes substantial adverse effects to the shoreline resource or environment (WAC 173-27-040(1)(b)).
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Notice and order”
means a written notice declaring that a code violation(s) has occurred which specifies the action required to abate the violation and the civil fine for failure to comply with the notice and order.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Nursery”
means land or structures, such as green-houses, used to raise plants, flowers and shrubs for sale.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Off-street parking space”
means an area accessible to vehicles, exclusive of roadways, sidewalks, and other pedestrian facilities, that is improved, maintained, and used for the purpose of parking a motor vehicle not on a dedicated street right-of-way.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2020-103 (Exh. A), 10/6/20)
“On center (O.C.)”
means a method of measurement to indicate plant spacing whereby the measurement is taken from the center of one plant to the center of the next. As used in this title for trees, average spacing “on center” is used for calculating the minimum number of trees necessary to meet the planting requirements and does not necessarily refer to the specific location or relative special arrangement of the trees.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“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.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Open space, passive”
means any area of land essentially unimproved and set aside, dedicated, designated, or reserved for public or private use as a natural environment and/or passive activities, such as trails.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Open space, active”
means any area of land set aside, dedicated, designated, or reserved for public or private use which includes active areas, such as playgrounds, and/or infrastructure, such as well pumps, utility easements and may include septic systems under certain circumstances.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Ordinary high water mark (OHWM)”
means a mark on all lakes, streams, and tidal waters that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the Department of Ecology; provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining fresh water shall be the line of mean high water (RCW 90.58.030(2)(b)).
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Owner occupied”
means a rental unit is the principal residence of the owner for at least six months in the calendar year, and the owner is present in the dwelling or is present on the same parcel while the residence is being used as a short-term rental.
(Res. 2021-95 (Att. A), 7/27/21)
[1]
Code reviser’s note: Res. 2021-95 added this section as Section 14.98.1695. It has been editorially renumbered to place it in alphabetical order.
“Parcel”
means a tract, lot or plat of land of any size which may or may not be subdivided or improved.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Park model home”
shall be defined pursuant to RCW 46.04.622, and for the purposes of this code shall be treated similar to a stick built or manufactured home provided it is in compliance with all development standards of the Chelan County Code.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Parking area”
means any area designed and used for parking motor vehicles including parking lots, garages, private driveways, and legally designated areas of public streets.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Permeability”
means the property or condition of being able to pass liquids and gases through a soil or other geologic formation; also the rate of flow of that liquid or gas through the soil or other geologic formation.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Person”
means any individual, firm, association, partnership, corporation, or any entity, public or private. For the purposes of short-term rental regulations, “person” is defined consistent with RCW 82.04.030.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-95 (Att. A), 7/27/21)
“Pipe stem”
means a strip of land having a width narrower than that of the lot or parcel to be served and is designed for providing access to that lot or parcel. Also known as a flag lot.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Place of public/private assembly”
means a building or space used in whole or in part for the gathering together of persons for such purposes as deliberation, entertainment, amusement, socializing, or awaiting transportation; such uses include, but are not limited to, meeting halls, club-houses, grange, cinemas, theaters, and churches and religious facilities.
(Res. 2012-78 (part), 8/14/12; Res. 2019-54 (Att. A) (part), 4/23/19; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Plat”
means a map or representation of a subdivision, showing thereon the division of land into lots, blocks, streets and alleys or other divisions, dedications and information.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Plat, final”
means the final drawing of a subdivision and dedication prepared for filing with the county auditor and containing all elements and requirements as set forth in Title 12 and Chapter 58.17 RCW.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Plat, preliminary”
means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks and other elements of a subdivision consistent with the requirements of this chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Primary association”
means use of a habitat area by a species regulated by Chapter 11.78 for rearing young, roosting, feeding, breeding, vulnerable aggregations, migration or foraging on a regular basis during the appropriate season.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Priority habitats”
means habitats which include one or more of the following attributes: comparatively high fish and wildlife density, comparatively high fish and wildlife diversity, important fish and wildlife breeding habitat, important fish and wildlife seasonal ranges, important fish and wildlife movement corridors, limited availability, high vulnerability to habitat alteration, and/or unique or dependent species. These habitats may include: Aspen stands, caves, cliffs, instream habitat, Juniper Savannah, old growth/mature forests, prairies and steppe, riparian areas, rural natural open space, shrub steppe (large blocks), shrub steppe (small blocks), snags, talus, urban natural open space, and freshwater wetlands and deepwater.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Project permit”
means any land use or environmental permit or license required from a local government for a project action, including but not limited to subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones which do not require a comprehensive plan amendment, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations.
(Res. 2025-6 (Exh. A), 1/7/25)
“Public facility, high impact”
means a building or structure owned and operated by a public agency to provide a governmental service to the public. Such uses shall include, but are not limited to, composting facility, utility substations, solid waste transfer station, equipment storage/maintenance yard.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Public facility, low impact”
means a building or structure owned and operated by a public agency to provide a governmental service to the public. Such uses shall include, but are not limited to, unoccupied emergency services buildings, transit shelters, rest areas and interpretive sites.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Public meeting”
means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to a decision by the county. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council meeting, or a scoping meeting on a draft EIS. A public meeting docs not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the county project permit application file.
(Res. 2025-6 (Exh. A), 1/7/25)
“Recreational vehicle”
means a vehicular-type unit primarily designed for recreational camping or travel use certified as a recreational vehicle (RV) by the Department of Labor and Industries. The units include travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, and motor homes.
(Res. 2012-78 (part), 8/14/12; Res. 2018-8 (Att. A) (part), 1/30/18; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Recreational vehicle park/campground”
means any lot or parcel of land upon which two or more recreational vehicle sites, camp sites, and/or lodge or cabin units, as allowed, are located, established, or maintained for occupancy as temporary living quarters for recreation or vacation purposes.
(1) 
“Major recreational vehicle (RV) parks/camp-grounds”
means having more than fifty camp or RV sites, cabins and/or lodge units as allowed.
(2) 
“Minor recreational vehicle (RV) parks/camp-grounds”
means having fifty or fewer camp or RV sites, cabins and/or lodge units as allowed.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2023-96 (Att. A), 10/3/23)
“Remodel”
means to alter or make limited changes to an existing structure and that is not a structural alteration, new construction, or enlargement.
(Res. 2021-139 (Att. A), 12/7/21)
“Repeat violation”
means any civil code violation of the same ordinance, resolution or regulation in any location by the same person for which voluntary compliance has been sought within five years or a notice and order, stop work order or citation has been issued within five years; or a violation of a condition stated on a permit.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Restaurant”
means an establishment where food and drink are prepared and served on-site and may be consumed on-or off-site.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Restoration”
means to revitalize or reestablish characteristics and processes of a critical area which have been diminished or lost by past alterations, activities, or cata-strophic events.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-54 (Att. A), 5/4/21)
“Retail sales”
means establishments engaged in selling goods or merchandise to the general public for personal or household consumption and customary auxiliary uses and services incidental to the sale of such goods.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Revegetation”
means to provide with a new vegetative cover composed of locally prescribed native vegetation in consultation with the applicable resource agencies.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Riparian”
means relating to, living or located along the bank of a watercourse including ponds, lakes, perennial and intermittent streams, and rivers.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Road”
means a facility providing public or private access including the roadway and all other improvements inside the right-of-way. “Road” and “street” will be considered interchangeable terms for the purpose of these standards.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Road, public”
means a road established and adopted by the proper authorities for use by the general public for vehicular circulation and a means of access to abutting properties. A road may serve as, but not be limited to, a location for public utilities, walkways, public open space and recreation area, cut and fill slopes, and drainage.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Roadside stand”
means a temporary use which is primarily engaged in the sale of fresh agricultural products, locally grown on-or off-site, but may include, incidental to fresh produce sale, the sale of limited prepackaged food products and non-food items. This use is to be seasonal in duration, open for the duration of the harvest season.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Roadway”
means that surfaced portion of a street or alley right-of-way that is improved for vehicular traffic only.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Rural area”
means those areas of the county outside of an urban growth area as depicted in the Chelan County comprehensive plan.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Rural tourism, recreational”
means an experience involving visits to rural settings or rural environments for the purpose of participation in or experiencing activities, events or attractions not readily available in urbanized areas. These activities are not necessarily agricultural in nature.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Sanitary landfill”
means land upon which solid waste material consisting in whole or part of garbage, refuse, trash, rubbish, sludge or any other solid waste is dumped and covered with earth or other suitable material.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Sedimentation”
means the deposition and settling of loose transported material into an open water body through the action of erosion or land instability.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Service drive”
means any driveway, accessway or easement designed and used primarily for the purpose of obtaining access to a service entrance or loading area of a building or structure.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Setback”
means the distance between the nearest load-bearing member of a structure to any lot line, as measured on a horizontal plane. Exemptions are listed in Chapter 11.88.
(Res. 2012-78 (part), 8/14/12; Res. 2014-38 (Atts. A, B) (part), 4/15/14; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Short subdivision”
means the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of lease, sale, or transfer of ownership; provided, however, that in the Peshastin or Manson urban growth areas, a short subdivision is nine or fewer lots.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Short-term rental”
means a commercial use utilizing a dwelling unit, or portion thereof, that is offered or provided to a guest by a short-term rental owner or operator for a fee for fewer than thirty consecutive nights or days, by intent or net effect of nights or days rented. They are commonly referred to as vacation rentals. They are a form of commercial tourist or transient accommodations. Short-term rental units may be whole house rentals, apartments, condominiums, or individual rooms in homes. They are rented as a single lodging unit, do not provide food service, and retain the form and function of a dwelling unit. For the purpose of administration and enforcement of this title, the terms “overnight rental,” “nightly rental,” “daily rental,” and “vacation rental” are interchangeable with short-term rentals. Subleasing or subletting of units for short-term rental is prohibited.
(Res. 2021-95 (Att. A), 7/27/21)
[1]
Code reviser’s note: Res. 2021-95 added this section as Section 14.98.1692. It has been editorially renumbered to place it in alphabetical order.
“Grace period”
means the additional time allocated to continue operation as a short-term rental until the set date that the short-term rental use must establish code compliance under this chapter, or must cease operation.
(Res. 2021-95 (Att. A), 7/27/21)
[1]
Code reviser’s note: Res. 2021-95 added this section as Section 14.98.1691. It has been editorially renumbered to place it in alphabetical order.
“Short-term rental operator”
means any person who receives payment for owning or operating a dwelling unit, or portion thereof, as a short-term rental unit, or their authorized agent including a property management company or other entity or person who has been designated by the owner, in writing, to act on their behalf.
(Res. 2021-95 (Att. A), 7/27/21)
“Owner”
means any person who, alone or with others, has title or interest in any building, property, dwelling unit, or portion thereof, with or without accompanying actual possession thereof, and including any person who as agent, executor, administrator, trustee, or guardian of an estate has charge, care, or control of any building, dwelling unit, or portion thereof. A person whose sole interest in any building, dwelling unit, or portion thereof is solely that of a lessee under a lease agreement is not considered an owner.
(Res. 2021-95 (Att. A), 7/27/21)
“Shoulder”
means the paved or unpaved portion of the roadway outside the traveled way that is available for emergency parking or nonmotorized use.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Shrub”
means a woody deciduous or evergreen plant with multiple stems or branches adapted for growth in Chelan County.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Sign”
means a display or device affixed to the ground, attached to a building or other structure using graphics, symbols, and/or written copy designed specifically for the display of a commercial or other advertisement to the public.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Sign, directional”
means any sign which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to which the public is directed.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Sign, fascia”
means a flat sign which projects one and one-half feet or less horizontally from the vertical face of a canopy awning or parapet upon which it is affixed, painted or attached, running parallel for its whole length to the face or wall of the building and which does not extend beyond the horizontal width of such wall awning or parapet.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Sign, on-premises advertising”
means a sign which carries only advertisements related to a lawful use of the premises on which it is located, including signs or sign devices indicating the business transacted, services rendered, goods sold or produced on the premises, name of the business and name of the person, firm or corporation occupying the premises. “On-premises sign” also means a sign which contains religious, political, social and other noncommercial messages.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Sign, portable”
means any sign designed to move or be moved by a trailer or vehicle to advertise at different locations. Further, these signs include any sign which is not firmly fastened to a building or the ground.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Sign, rooftop”
means a sign erected upon the roof of a building or canopy or a sign attached to a building which projects vertically above the roof, eave, awning or parapet; however, this does not include signs attached to the vertical face of a parapet, awning or canopy; providing the sign does not project above the vertical face of the parapet, awning or canopy to which it is attached.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Sign, temporary”
means any sign which is not permanently installed or affixed to any sign structure or building, and not displayed for longer than thirty calendar days. In case of construction project signs, they may be maintained for the duration of the construction.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Significant habitat block”
means an area, or site in conjunction with an area, which is adequate in size to contain the sum of all environmental factors of a specific place necessary for the support and sustenance on a permanent or seasonal basis of a species, population or community.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Site plan”
means a written drawing illustrating a parcel of land, all existing and proposed structures, location of access, critical areas and the requested change to said areas.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Slope”
means the inclined ground surface of an area, the inclination of which is expressed as a ratio (percentage) of rise (vertical distance) to run (horizontal distance) by the following formula:
Rise/Run (x100) = Average % grade
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Sludge”
means the material pumped out of septic tanks, cesspools, seepage pits or other receptacles built and maintained to receive and collect sewage from buildings not connected to a sewer and, in addition, includes treatment residues from water treatment plants and municipal wastewater treatment plants.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Small scale recreation and tourism”
means a land use that relies on a setting to provide recreational or tourist use, including recreational center and commercial facilities to serve those uses, but that does not include new residential development. It includes activities and facilities such as, but not limited to, cultural/religious camps, retreat centers, campgrounds, RV parks, lodges and cabin rentals, camping units, outdoor equipment rentals, guide services, trails and trailhead facilities, and similar uses. Small scale recreational and tourist uses are of a size or intensity which has minimal impacts on the surrounding area and which makes minimal demands on the existing infrastructure and public service.
(Res. 2012-78 (part), 8/14/12; Res. 2014-38 (Atts. A, B) (part), 4/15/14; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Sole source aquifer”
means an aquifer which supplies at least fifty percent of the drinking water consumed in the area overlying the aquifer. These areas can have no alternative drinking water source(s) that could physically, legally, and economically supply all those who depend upon the aquifer for drinking water.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Storage”
means a space or place where goods, materials, and/or personal property are placed for more than twenty-four consecutive hours.
(Res. 2020-68 (Exh. C) (part), 6/16/20)
“Street, private”
means a privately owned and maintained access provided for by a tract, easement, or other legal means, typically serving three or more potential dwelling units.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Structure”
means that which is built, constructed, erected or any kind or any piece of work artificially built up or composed of parts joined together which requires location on the ground or attached to something having a location on the ground with the exception of retaining walls. Not included are structures or similar improvements less than four feet in height.
(Res. 2012-78 (part), 8/14/12; Res. 2014-100 (Atts. A, B) (part), 10/7/14; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Substantial changes”
means changes to a proposed development, within the discretion of the director, that affect access, density, utilities, drainage, critical areas or other relevant provisions or changes that warrant review from commenting agencies.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Temporary use”
means a use established for a period of one hundred eighty calendar days or when the need for the use has ceased, whichever is shorter. Temporary uses do not involve the construction or alteration of a permanent structure.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Tent”
means a temporary structure, enclosure or shelter constructed of fabric or pliable material supported in any manner except by air or the contents it protects.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Traditional forest practices”
means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, including but not limited to, road and trail construction, thinning, reforestation, prevention and suppression of disease and insects, salvage of trees and brush control.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Tree”
means a large deciduous or evergreen woody plant having one or more self-supporting trunks and numerous branches and normally growing to a minimum height of twelve feet adapted for growth in Chelan County.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Treehouse”
means a tree-supported accessory structure built in, on, or attached to trees, when the floor area does not exceed two hundred eighty-eight square feet. Treehouses are not habitable structures and may not be used as a residence.
(Res. 2021-139 (Att. A), 12/7/21)
“Urban environment,”
as defined and designated in the shoreline master program use regulations of Chelan County, means an area of high intensity land use including residential, commercial, and industrial development in addition to open space and public uses.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Urban wildland interface area”
means that geographical area where structures and other human development meet or intermingle with wildland or vegetative fuels. All areas shown as having moderate, high, or extreme risk hazard on the current edition of the Chelan County fire map, developed by the Washington State Department of Natural Resources, or the Chelan County Community Wildfire Protection Plan, are urban wildland interface areas.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Use”
means the purpose or activity for which land or buildings are designed, arranged, or intended or for which land or buildings are occupied or maintained.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Utility”
means a company providing public service such as gas, electric power, telephone, telegraph, water, sewer, or cable television, whether or not such company is privately owned or owned by a governmental entity.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Utility, high impact”
means buildings, structures and facilities in public or private ownership relating to the furnishing of utility services such as electric, gas, communication, water, sewer and technology infrastructure. High impact public utilities shall include, but are not limited to, generating and switching stations, substations, pumping stations and antennas or repeaters when not installed on a building. High impact utilities do not include wireless communication facilities (WCFs).
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-140 (Att. A), 12/7/21)
“Utility, low impact”
means buildings, structures and facilities in public or private ownership relating to the furnishing of utility services such as electric, gas, communication, water, sewer and technology infrastructure. Low impact utilities shall include, but are not limited to, poles, lines, pipes, antennas, repeaters, or small wireless communication facilities (SWF) when installed on a building, carrier hotels and similar technology infrastructure.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-140 (Att. A), 12/7/21)
“Value added operation”
means any activity or process that allows farmers to retain ownership and that alters the original agricultural product or commodity for the purpose of gaining a marketing advantage. Value added operations may include bagging, packaging, bundling, precutting, food and beverage service, etc.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Variance”
is the means by which an adjustment is made in the application of the specific dimensional standards of a zoning ordinance to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone and which adjustment remedies disparity in privileges in conformance with the provisions of Chapter 11.95 (RCW 36.70.020).
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Vehicle, inoperable”
means a motor vehicle meeting at least two of the following requirements:
(1) 
Is extensively damaged, such damage including, but not limited to, any of the following: a buildup of debris that obstructs use, shattered window or windshield; missing wheels, flat or missing tires, tail/headlights, or bumpers; missing or nonfunctional motor or transmission; or body damage;
(2) 
Is apparently inoperable, or missing major component parts, including engines and short blocks, frames, transmissions or transfer cases, cabs, doors, fenders, front, trunklids or rear boxes, seats, and hoods; or
(3) 
Is without a valid, current license or registration plate.
(Res. 2020-68 (Exh. C) (part), 6/16/20)
“Vehicle sales”
means the sale to the general public of new or used motorized or nonmotorized vehicles, to include, but not be limited to, automobiles, trucks, recreational vehicles, boats or motorcycles.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Verified violation”
means a violation of a provision of this title in which a code enforcement official, short-term rental division staff, or a law enforcement officer has investigated and confirmed or substantiated through direct observation or through the collection of evidence, that the violation occurred and is attributable to an owner or operator, or person directly renting, or associated with renting a short-term rental property use, whether the property is permitted as a short-term rental use, or is not permitted for the use, provided the owner or operator has been issued written notification by the department or code enforcement staff advising of the verified violation. This notification can take the form of a letter, civil or criminal citation, a notice and order, notice of violation, or some other official form of written communication as approved by the department director.
(Res. 2021-95 (Att. A), 7/27/21)
[1]
Code reviser’s note: Res. 2021-95 added this section as Section 14.98.1696. It has been editorially renumbered to place it in alphabetical order.
“Warehouse”
means a building or portion thereof primarily used for storage, production and processing and/or distribution of products, equipment, materials or commodities that are not available for retail sale on the premises.
(Res. 2020-68 (Exh. C) (part), 6/16/20)
“Water-dependent use/structure”
means those uses and/or structures that cannot exist in any other location and require location on the shoreline by reason of the intrinsic nature of their operations, such as: (A) ferry and passenger terminals, (B) terminal and transfer facilities for marine commerce and industry, (C) marine construction, dismantling and repair, (D) marinas—boat and seaplane, (E) intakes and outfalls, (F) boat launch facilities, (G) shoreline recreation, including parks, bike trails, beaches, etc., (H) aquaculture, (I) marina and limnological research and education, (J) hydroelectric power plants.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Water main”
means the piping used or which may be used to deliver domestic or industrial water and/or fire flows intended for fire protection in amounts prescribed in this chapter, and excludes storage facilities, hydrants, and service connections.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Water purveyor”
means a federal, state, or county agency, or city, town, municipal corporation, firm, company, association, corporation, partnership, district, institution, person or persons owning or operating a public or private water system.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Water system, public”
means any system of water supply intended to be used for human consumption or other domestic uses, including, but not limited to, sources, treatment, storage, transmission and distribution facilities where water is furnished to any community, collection or number of individuals, or is made available to the public for human consumption or domestic use.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Waters of the state”
is defined in RCW 90.48.020 and include lakes, rivers, ponds, streams, inland waters, under-ground waters, salt waters, and all other surface waters and water courses within the jurisdiction of the state of Washington.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-54 (Att. A), 5/4/21)
“Wellhead protection area”
means the surface and sub-surface area surrounding a well or well field supplying a public water system within the six-month, one-, five-, and ten-year time of travel boundaries or determined by other means approved by department of health, through which contaminants are reasonably likely to move toward and reach such water well or well field.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-54 (Att. A), 5/4/21)
“Wetland” or “wetlands”
means areas that are inun-dated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wet-lands (RCW 36.70A.030).
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Wholesale trade”
means establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20)
“Winery”
means a facility where fruit or other products are processed (i.e., crushed, blended, aged, and/or bottled) and may include as incidental and/or accessory to the principal use a tasting room, food and beverage service, places of public/private assembly, and/or retail sales area. Distilleries and microbreweries, for the purposes of placement in various zoning districts and regulation requirements, are synonymous with winery.
(Res. 2012-78 (part), 8/14/12; Res. 2018-8 (Att. A) (part), 1/30/18; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-139 (Att. A), 12/7/21)
“Wireless communications facility”
means an unstaffed facility for the transmission and/or reception of radio frequency (RF), microwave, electronic communication, or other signals for commercial communications purposes, typically consisting of an equipment enclosure, an antenna support structure, a communications tower, or an alternative antenna support structure, and one or more antennas.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-140 (Att. A), 12/7/21)
“Small wireless communications facility”
means a personal wireless services facility that meets both of the following qualifications:
(1) 
Each antenna is located inside an antenna enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and
(2) 
Primary equipment enclosures are no larger than seventeen cubic feet in volume. The following associated equipment may be located outside the primary equipment enclosure and if so located, are not included in the calculation of equipment volume: electric meter, concealment, telecom demarcation box, ground-based enclosures, battery back-up power systems, grounding equipment, power transfer switch, and cut-off switch.
(Res. 2021-140 (Att. A), 12/7/21)
“Wireless communications service”
means the providing or offering for rent, sale, lease or, in exchange for other consideration, of the transmittal and reception of voice, data, image, graphic, and other information by the use of wireless communications facilities; this term includes any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC-licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed.
(Res. 2012-78 (part), 8/14/12; Res. 2020-68 (Exh. C) (part), 6/16/20; Res. 2021-140 (Att. A), 12/7/21)
“Yard”
means an open space on a tract or lot which is unoccupied and unobstructed from the ground upward, except as permitted in Title 11. A yard extends along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the zoning district in which such zoning lot is located. For example, front yard extends from the front lot line.
(Res. 2012-78 (part), 8/14/12; Res. 2018-8 (Att. A) (part), 1/30/18; Res. 2020-68 (Exh. C) (part), 6/16/20)