Chapter 17.08DEFINITIONS

Sections:

17.08.010
Generally.
17.08.020
Accessory use or building.
17.08.023
Adjacent.
17.08.025
Adult family home.
17.08.030
Alley.
17.08.040
Bed and breakfast guesthouse.
17.08.050
Boardinghouse (or lodginghouse).
17.08.060
Business.
17.08.070
Building.
17.08.090
Conditional use.
17.08.100
Day care center.
17.08.110
Day care, family.
17.08.120
Dripline.
17.08.130
Duplex.
17.08.140
Dwelling unit.
17.08.150
Dwelling, multiple-unit.
17.08.160
Dwellings, single-family.
17.08.170
Family.
17.08.180
Front property line.
17.08.190
Garage or carport, private.
17.08.200
Group home.
17.08.210
Height of building.
17.08.220
Home occupation.
17.08.230
Hotel (or motel).
17.08.240
Kennel.
17.08.250
Lot.
17.08.260
Lot, corner.
17.08.270
Lot line.
17.08.280
Lot of record, nonconforming.
17.08.290
Manufactured home.
17.08.298
Mobile food service unit.
17.08.300
Mobile home.
17.08.310
Nonconforming use/structure.
17.08.315
Open air market.
17.08.320
Retirement residence.
17.08.330
Setback.
17.08.340
Stacking space.
17.08.350
Story.
17.08.360
Street.
17.08.370
Structure.
17.08.380
Tree.
17.08.390
Use.
17.08.400
Variance.
17.08.410
Visual screen.
17.08.420
Yard, front.
17.08.430
Yard, rear.
17.08.440
Yard, side.
17.08.010Generally.

For the purpose of this title, words used in the present tense include the future; words in the singular number include the plural, and words in the plural include the singular number; and words not defined shall be construed as defined in the building code ordinances of the city, if defined therein, and if not defined therein shall be given their ordinary and usual meaning.

(Ord. 1163 § 1 (part), 2001)

17.08.020Accessory use or building.

“Accessory use or building” means a subordinate use or building customarily incidental to and located upon the same lot occupied by the main use or building.

(Ord. 1163 § 1 (part), 2001)

17.08.023Adjacent.

“Adjacent” means adjoining with a common boundary line; except that where two or more lots adjoin only at a corner or corners, they shall not be considered as abutting unless the common property line between the two parcels measures more than eight in a single direction. Properties separated by a public right-of-way of twenty feet or more are not considered adjacent.

(Ord. 1163 § 1 (part), 2001)

17.08.025Adult family home.

“Adult family home” means the regular family abode of a person or persons who are providing personal care, room and board, under a license issued pursuant to RCW 70.128.060, to more than one but not more than four adults who are not related by blood or marriage to the person providing the services; except that a maximum of six adults may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for in the law (RCW 70.128.060).

(Ord. 1163 § 1 (part), 2001)

17.08.030Alley.

“Alley” means a street or public way which affords vehicular access to an interior boundary of one or more lots and is not designated for general traffic circulation abutting property.

(Ord. 1163 § 1 (part), 2001)

17.08.040Bed and breakfast guesthouse.

“Bed and breakfast guesthouse” means an owner-occupied single-family residential dwelling which provides transient rental lodging limited to four guest rooms or less.

(Ord. 1163 § 1 (part), 2001)

17.08.050Boardinghouse (or lodginghouse).

“Boardinghouse” or “lodginghouse” means a dwelling where lodging, with or without meals, for five or more persons not members of the same immediate family is provided for compensation.

(Ord. 1163 § 1 (part), 2001)

17.08.060Business.

“Business” or “commerce,” when used in this title, mean engaging in the purchase, sale, barter, rendering or exchange of goods, wares, services or merchandise; also, the maintenance or operation of offices or recreational or amusement enterprises.

(Ord. 1163 § 1 (part), 2001)

17.08.070Building.

“Building” means any structure or edifice having a roof and intended for occupancy or use of persons or animals or as a housing place or as a storage place for any object or thing. When separated by a division wall without opening, each portion of such building shall be deemed a separate building (except as may be provided in a possible section of this title on exceptions).

(Ord. 1163 § 1 (part), 2001)

17.08.090Conditional use.

“Conditional use” means a use that would not be acceptable without restrictions throughout a zoning district and is not permitted by right within a zoning district but which may be permitted subject to meeting certain conditions contained in this title or as may be determined during the review process.

(Ord. 1163 § 1 (part), 2001)

17.08.100Day care center.

“Day care center” means a facility providing regularly scheduled care for a group of thirteen or more children, within a one month of age through twelve years of age range exclusively, for periods less than twenty-four hours. Preschools are considered day care centers for city land use regulation purposes.

(Ord. 1163 § 1 (part), 2001)

17.08.110Day care, family.

“Day care, family” means a licensed day care which regularly provides day care for not more than twelve children in the provider’s home in the family living quarters.

(Ord. 1163 § 1 (part), 2001)

17.08.120Dripline.

“Dripline” means an imaginary circle drawn at the ground surface directly under the outermost branches of a tree.

(Ord. 1163 § 1 (part), 2001)

17.08.130Duplex.

“Duplex” means a single structure containing two dwelling units, either side by side or above one another.

(Ord. 1163 § 1 (part), 2001)

17.08.140Dwelling unit.

“Dwelling unit” means a single unit providing complete, independent living facilities for not more than one family and permitted roomers and boarders, including permanent provisions for living, sleeping, eating, cooking and sanitation. A manufactured home, apartment, condominium, townhouse, single-family detached house, or accessory dwelling unit is considered to be a dwelling unit.

(Ord. 1163 § 1 (part), 2001)

17.08.150Dwelling, multiple-unit.

“Multiple-unit dwelling” means a residential building arranged or designed to be occupied by three or more families, with the number of families in residence not exceeding the number of units provided.

(Ord. 1163 § 1 (part), 2001)

17.08.160Dwellings, single-family.

“Single-family dwellings” means a building arranged or designed to be occupied by not more than one family.

(Ord. 1163 § 1 (part), 2001)

17.08.170Family.

“Family” means an individual or two or more persons related by blood or marriage; eight or fewer nonrelated residents, living together as a single nonprofit housekeeping unit; or eight or fewer related and nonrelated persons. For purposes of this definition, minors living with parents shall not be counted as part of the maximum number of residents.

(Ord. 1163 § 1 (part), 2001)

17.08.180Front property line.

“Front property line” means the property line that is adjacent to a public or private street more than twenty-one feet in width, except that the Interstate 90 right-of-way shall not be considered a front property line. Where there is more than one adjacent public or private street more than twenty-one feet in width, the property lines adjacent to both streets shall be considered front property lines.

(Ord. 1163 § 1 (part), 2001)

17.08.190Garage or carport, private.

“Private garage or private carport” means a garage or carport with the capacity for not more than three self-propelled vehicles and used for storage only.

(Ord. 1163 § 1 (part), 2001)

17.08.200Group home.

“Group home” means a dwelling unit licensed by the state of Washington in which rooms or lodging, with or without meals, are provided for nine or fewer nontransient persons not constituting a single household, and requiring specialized care due to sensory, mental or physical disabilities, provided that this shall not apply to a residence used for the placement of individuals who have been convicted of a crime or juvenile offense or have gone through some form of diversion proceedings either as an adult or juvenile offender.

(Ord. 1163 § 1 (part), 2001)

17.08.210Height of building.

“Height of building” means the vertical distance from the adjoining grade to the highest point of the coping of a flat roof or the deck line of a mansard roof or the highest point of a pitched or hipped roof. The adjoining grade shall be measured at a point five feet horizontally from the building wall when such ground surface is not more than ten feet above the lowest grade on the property. If the lowest grade is more than ten feet below the adjoining grade, height shall be measured from a point ten feet above the lowest grade.

(Ord. 1163 § 1 (part), 2001)

17.08.220Home occupation.

“Home occupation” means a business activity which results in a product or service and is conducted in whole or in part on a residential premises and is clearly subordinate to use of the premises as a residence.

(Ord. 1163 § 1 (part), 2001)

17.08.230Hotel (or motel).

“Hotel” or “motel” means a building designed or used for the transient rental of five or more units for sleeping purposes. A central kitchen and dining room and accessory shops and services catering to the general public can be provided. Not included are institutions housing persons under legal restraint or requiring medical attention.

(Ord. 1163 § 1 (part), 2001)

17.08.240Kennel.

“Kennel” means an establishment licensed to operate a facility housing more than three dogs or cats and more than one litter of unweaned pups or kittens, or other household pets and where grooming, breeding, boarding training, or selling of animals is conducted as a business or hobby.

(Ord. 1163 § 1 (part), 2001)

17.08.250Lot.

“Lot” means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area, and fronting on an improved public street or an approved private street.

(Ord. 1163 § 1 (part), 2001)

17.08.260Lot, corner.

“Corner lot” means a lot of which at least two adjacent sides abut for their full length upon a street.

(Ord. 1163 § 1 (part), 2001)

17.08.270Lot line.

“Lot line” means the line bounding a lot as defined in the deed or official plat.

(Ord. 1163 § 1 (part), 2001)

17.08.280Lot of record, nonconforming.

“Nonconforming lot of record” means any validly recorded lot which at the time it was recorded fully complied with the applicable laws and ordinances but which does not fully comply with the lot requirements of this title.

(Ord. 1163 § 1 (part), 2001)

17.08.290Manufactured home.

“Manufactured home” means a detached residential dwelling unit fabricated at a factory in accordance with the standards of the Federal Manufactured Home Construction and Safety Standards (HUD Code effective on June 15, 1976) and designed for transportation on its own chassis to a building site for permanent occupancy with a permanent foundation. Manufactured homes must be a minimum of seven hundred twenty square feet in size, a minimum of twenty feet wide and transported to the site in at least two sections.

(Ord. 1163 § 1 (part), 2001)

17.08.298Mobile food service unit.

“Mobile food service unit” means a cart that is usually constructed on a wheel and axle base able to move from location to location and meets all health department requirements for sanitation. It is operated by a vendor who sells food items such as pretzels, hotdogs, ice cream, etc.

(Ord. 1222 § 3 (Exh. C (part)), 2004)

17.08.300Mobile home.

“Mobile home” means a transportable residential structure fabricated at a factory not in accordance with the Uniform Building Code nor with the standards of the Federal Manufactured Home Construction and Safety Standards (HUD Code enacted on June 15, 1976), and designed for transportation on its own chassis. Mobile homes within the City of Cle Elum are considered nonconforming structures.

(Ord. 1163 § 1 (part), 2001)

17.08.310Nonconforming use/structure.

“Nonconforming use” means a building or land occupied by a use that does not conform with the regulations of the district in which it is situated but which was established in conformance with all applicable regulations in existence at the time of its establishment.

(Ord. 1163 § 1 (part), 2001)

17.08.315Open air market.

“Open air market” means an outdoor market that is seasonal in nature where local artisans or farmers sell products such as baked goods, artwork, crafts and produce.

(Ord. 1222 § 3 (Exh. C (part)), 2004)

17.08.320Retirement residence.

“Retirement residence” means a building or group of buildings which provides residential facilities for more than five residents sixty-two years of age or more, except for spouses of such residents for whom there is no minimum age requirement. A retirement residence may provide a range of type of living units and may also provide food service, general health care supervision, medication services, housekeeping services, personal services, recreation facilities, and transportation services for its residents. Individual living units (suites) may include kitchens. Retirement residences may also include a skilled nursing facility provided that the number of nursing beds shall not exceed twenty-five percent of the total number of suites. Facilities with more than twenty-five percent of the suites having nursing beds shall be considered a convalescent/nursing center. Suites within a retirement residence shall contain an average of two beds or less.

(Ord. 1163 § 1 (part), 2001)

17.08.330Setback.

“Setback” means the minimum horizontal distance between a structure and a specified line such as a lot, easement, or buffer line that is required to remain free of structures.

(Ord. 1163 § 1 (part), 2001)

17.08.340Stacking space.

“Stacking space” means the space specifically designated as a waiting area for vehicles whose occupants will be patronizing a drive-in business. Such space is considered to be located directly alongside a drive-in window, facility or entrance used by patrons and in lanes leading up to the service window.

(Ord. 1163 § 1 (part), 2001)

17.08.350Story.

“Story” means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it. If the finished floor level directly above a basement, cellar or unused underfloor space is more than six feet above grade for more than fifty percent of the total perimeter or is more than twelve feet above grade at any point, such basement, cellar or unused underfloor space shall be considered as a story.

(Ord. 1163 § 1 (part), 2001)

17.08.360Street.

“Street” means a public or private thoroughfare which affords principal means of access to abutting property.

(Ord. 1163 § 1 (part), 2001)

17.08.370Structure.

“Structure” means anything permanently constructed in or on the ground, or over the water, excluding fences less than six feet in height, decks less than eighteen inches above grade, paved areas, and structural or nonstructural fill.

(Ord. 1163 § 1 (part), 2001)

17.08.380Tree.

“Tree” means a plant listed as a tree in the most recent edition of Sunset Western Garden Book and Hortus Third.

(Ord. 1163 § 1 (part), 2001)

17.08.390Use.

“Use” means an activity or function carried out on an area of land, or in a building or structure located thereon. Any use subordinate or incidental to the primary use on a site is considered an accessory use.

(Ord. 1163 § 1 (part), 2001)

17.08.400Variance.

“Variance” means a modification to numerical standards of this title when authorized by the city council after finding that the literal application of the provisions of this title would cause undue and unnecessary hardship in view of certain facts and conditions applying to a specific parcel of property.

(Ord. 1163 § 1 (part), 2001)

17.08.410Visual screen.

“Visual screen” means landscape plantings which function as a full visual barrier within three years of time of planting.

(Ord. 1163 § 1 (part), 2001)

17.08.420Yard, front.

“Front yard” means an open unoccupied space in the same lot with a building, between the front line of the building (exclusive of steps) and the front property line, including the full width of the lot to its side line.

(Ord. 1163 § 1 (part), 2001)

17.08.430Yard, rear.

“Rear yard” means an open unoccupied space on the same lot with a building between the rear line of the building (exclusive of steps, porches and accessory buildings) and the rear line of the lot, including the full width of the lot to its side lines.

(Ord. 1163 § 1 (part), 2001)

17.08.440Yard, side.

“Side yard” means an open unoccupied space on the same lot with a building between the sidewall of the building and the side lot line of the same lot, extending from front yard to rear yard.