Chapter 13.04 DEFINITIONS

The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular. [Ord. 2810 § 2.02, 1970.]

13.04.040 Accessory use.

“Accessory use” means on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. [Ord. 2810 § 2.04(a), 1970.]

13.04.060 Accessory building.

“Accessory building” means a subordinate building or portion of the main building, the use of which is incidental to that of the main building on the same lot. Where an accessory building is attached to and made a part of the main building for at least 50 percent of the length of one of the abutting walls of such accessory building, or where the total length of the abutting walls of the accessory building is equal to 50 percent of the longest wall of the building, then the accessory building shall be considered an integral part of the main building and such accessory building shall comply in all respects with the requirements of this title applicable to the main building as provided, and shall be not closer than 10 feet to the main building, except that covered walkways or breezeways between main and accessory buildings shall be permitted. [Ord. 2810 § 2.04(b), 1970.]

13.04.070 Adult entertainment establishment.

“Adult entertainment establishment” means a commercial establishment defined in ECC 13.49.060 as being an “adult arcade,” “adult cabaret,” “adult theater,” “adult retail store,” or “other adult entertainment facility.” [Ord. 4348, 2002; Ord. 4212, 1999.]

13.04.080 Alley.

“Alley” means a thoroughfare which has been dedicated or deeded to the public for public use and which affords a secondary means of access to abutting property. [Ord. 2810 § 2.04(c), 1970.]

13.04.100 Apartment building.

“Apartment building” means any building which is rented, leased, let or hired out to be occupied or which is occupied as the home or residence of more than two families living independently of each other and having separate cooking facilities in the separate living quarters within the building and including owned condominium units in such building. This definition shall include, but not be limited to, flats, triplexes, apartments, and other buildings so used. [Ord. 2810 § 2.04(d), 1970.]

13.04.110 Aquifer recharge areas.

“Aquifer recharge areas” means areas where an aquifer which is an essential source of drinking water is vulnerable to contamination that would create a significant hazard to public health. [Ord. 3820 § 2, 1992.]

13.04.120 Board.

“Board” means the duly constituted board of adjustment of the city of Ellensburg. [Ord. 2810 § 2.02, 1970.]

13.04.130 Brokerage firm.

“Brokerage firm” means an office dedicated to act as an agent for others in negotiating contracts, purchases, or sales in return for a fee or commission. Examples are, but not necessarily limited to, truck brokerage, stock brokerage, fruit or produce brokerage, and real estate brokerage. [Ord. 4173, 1998.]

13.04.140 Building.

“Building” means a structure having a roof, but excluding all forms of vehicles even though immobilized. Where this title requires or where special authority granted pursuant to this title requires that a property use shall be entirely enclosed within a building, this definition shall be qualified by adding “and enclosed on all sides.” (See ECC 13.04.1140, Vehicle.) [Ord. 2810 § 2.04(e), 1970.]

13.04.160 Building height.

“Building height” means the vertical distance measured from the highest elevation of the proposed finished grade around the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof. [Ord. 2810 § 2.04(f), 1970.]

13.04.180 Business or professional office.

“Business or professional office” means an office wherein business, technical or scientific services are rendered involving labor, skill, education and special knowledge for certain compensation or profit, but such labor, skill, education and special knowledge being predominantly mental or intellectual, rather than physical, manual or mercantile in nature. Examples of such uses would include, but not be limited to, the offices of lawyers, accountants, dentists, physicians, brokers, insurance agents, and optometrists. [Ord. 2810 § 2.04 (g), 1970.]

13.04.200 Camping vehicle.

“Camping vehicle” means a travel trailer, whose overall length does not exceed 28 feet, a pickup camper, or similar vehicular dwelling used for travel, vacation, or recreational purposes. (See also ECC 13.04.1020, Travel trailer.) [Ord. 2810 § 2.04(h), 1970.]

13.04.210 Cargo trailer.

“Cargo trailer” means a vehicle without motor power designed to be drawn or pulled behind a motor vehicle with the purpose of transporting various materials and/or live animals. Design may include open flat bed trailers, multiple sets of wheels, partial or complete enclosures, all of which are designed for carrying cargo, not for human habitation or occupancy, excluding commercial type trailers pulled by class eight trucks and excluding large container type trailers and large commercial livestock carrying trailers. Cargo trailers are not meant to be part of the camping vehicle, travel trailer or trailer definitions of this chapter. [Ord. 3982 § 1, 1995.]

13.04.220 Child day care.

“Child day care” means any type of state- licensed group day care programs, including nurseries for children of working mothers, nursery schools for children under minimum age for education in public schools, parent cooperative nursery schools, play groups for preschool children, taking place on a regular, if not daily, basis, at one time during part of a 24-hour day. [Ord. 3106 § 1, 1976.]

13.04.230 Child day care center.

A “child day care center” shall be a state- licensed facility which provides child day care for 13 or more children including children under the age of 12 who are members of the family housed in the residence if such activity is carried on in a private residence. [Ord. 3106 § 1, 1976.]

13.04.240 Club.

“Club” means an association of persons for some common purpose, but not including groups organized primarily for commercial, professional, or other business purposes. [Ord. 2810 § 2.04(i), 1970.]

13.04.250 Commercial recreation.

“Commercial recreation” means any commercial use of land or structures for the amusement, skill development or as a pastime for the patrons of such establishment. Examples would include but not be limited to bowling alleys, billiard parlors, skating rinks, and indoor and drive-in theaters. [Ord. 2810 § 2.04(j), 1970.]

13.04.260 Commission.

“Commission” means the duly constituted planning commission of the city of Ellensburg. [Ord. 2810 § 2.02, 1970.]

13.04.270 Conditional use.

“Conditional use” means a use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning division or district as special exceptions, if specific provision for such special exceptions is made in this title. [Ord. 2810 § 2.04(k), 1970.]

13.04.280 Council.

“Council” means the duly constituted legislative authority of the city of Ellensburg. [Ord. 2810 § 2.02, 1970.]

13.04.290 Critical areas.

“Critical areas” include the following areas and ecosystems: wetlands; areas with a critical recharging effect on aquifers used for potable water; fish and wildlife habitat conservation areas; frequently flooded areas; and geologically hazardous areas. [Ord. 3820 § 2, 1992.]

13.04.300 Critical facilities.

“Critical facilities” means facilities for which even a slight chance of flooding would represent a major risk. Critical facilities include, but are not limited to, schools, hospitals, police, fire and emergency response installations, nursing homes, installations which produce, use or store hazardous materials or hazardous waste of a type and in amounts deemed to be inappropriately located in a 100-year floodplain. [Ord. 3637 § 1, 1988.]

13.04.310 Development.

“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. [Ord. 3954 § 1, 1994.]

13.04.320 Dwelling, single-family.

“Single-family dwelling” means a dwelling that is entirely surrounded by open space on the same lot, and which is designed for and occupied exclusively by one family and the household employees of the family, if any. [Ord. 4152, 1998; Ord. 3223 § 1, 1979; Ord. 2810 § 2.04(l), 1970.]

13.04.330 Dwelling unit.

“Dwelling unit” or “dwelling” means a building or portion thereof providing complete housekeeping facilities for one family. A “dwelling unit” does not include a motel, hotel, or manufactured home, which are separately defined. [Ord. 4152, 1998; Ord. 2810 § 2.04(m), 1970.]

13.04.340 Elevation.

“Elevation” means the height of an object in relation to mean sea level. [Ord. 3302 § 2(a), 1981.]

13.04.350 Family.

“Family” means one or more persons, but not more than four unrelated persons, whether or not related to each other by blood or marriage, occupying a single housekeeping unit and using common cooking facilities. [Ord. 2810 § 2.04(n), 1970.]

13.04.360 Family day care home.

“Family day care home” shall be a state-licensed facility which provides child day care for 12 or fewer children in a private residence. [Ord. 3955 § 1, 1994; Ord. 3106 § 1, 1976.]

13.04.370 Farm supplies.

“Farm supplies” means supplies relating directly to the operation of a farm or ranch including, but not necessarily limited to, such commodities as commercial fertilizers, block salt, feed supplements, crop seed, grain feeds and similar commodities. [Ord. 2810 § 2.04(o), 1970.]

13.04.380 Fence.

“Fence” means a barrier composed of posts or piers connected by boards, rails, panels, or wire, or a masonry wall designed for the purpose of enclosing space or separating parcels of land. “Fence” does not include retaining walls. [Ord. 2810 § 2.04(p), 1970.]

13.04.390 Fish and wildlife habitat conservation areas.

“Fish and wildlife habitat conservation areas” means areas which include the following:

A. Areas in which endangered, threatened, and sensitive species have a primary association.

B. All naturally occurring ponds and their submerged aquatic beds that provide fish or wildlife habitat.

C. Areas of local importance for those species which are present in the community.

D. All lakes, ponds, streams and rivers planted with game fish by a governmental or tribal entity. [Ord. 3820 § 2, 1992.]

13.04.400 Flood.

“Flood” means a general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation or runoff of surface waters. [Ord. 3302 § 2(b), 1981.]

13.04.410 Flood insurance rate maps.

“Flood insurance rate maps” means those maps which depict the various flood insurance rate zones of the 100-year floodplain which are determined by the Federal Emergency Management Agency. This term is interchangeable with “floodplain maps.” [Ord. 3302 § 2(c), 1981.]

13.04.420 Floodplain.

“Floodplain” means that area of land shown on the city’s flood insurance rate maps as being inundated by the waters of the 100-year flood. [Ord. 3302 § 2(d), 1981.]

13.04.430 Floodway.

“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. [Ord. 3954 § 2, 1994.]

13.04.440 Frequently flooded areas.

“Frequently flooded areas” means lands within the floodplain subject to a one percent or greater chance of flooding in any given year. These lands shall be consistent with all designations of the Federal Emergency Management Agency (FEMA) and the National Flood Insurance Program. These are designated on the FEMA flood insurance rate map set by the Federal Insurance Administration as being inundated by the waters of the 100-year flood. [Ord. 3820 § 2, 1992.]

13.04.450 Garage, private.

“Private garage” means an accessory building or an accessory portion of the main building designed and/or used for shelter or storage of automobiles, boats, and/or any other vehicles owned or operated by the occupants of the main building, and in which no occupation for profit is carried on. (See also ECC 13.04.060, Accessory building.) [Ord. 2810 § 2.04(r), 1970.]

13.04.460 Geologically hazardous areas.

“Geologically hazardous areas” means areas reasonably subject to significant hazards because of their susceptibility to erosion, sliding, earthquake or other geological events and as such are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns. The intent is to classify and designate areas on which development should be prohibited, restricted or otherwise controlled because of danger from geological hazards. Those areas in the city designated as having slopes which exceed 40 percent are designated as geologically hazardous areas and subject to the requirements of Chapter 13.39 ECC, Critical Areas District. [Ord. 3820 § 1, 1992.]

13.04.470 Gross floor area.

“Gross floor area” means the sum of the gross horizontal areas within the surrounding walls of the several floors of a building, including interior balconies and mezzanines, but not including terraces and exterior stairs. [Ord. 2810 § 2.04(q), 1970.]

13.04.480 Hazardous waste.

“Hazardous waste,” for the purpose of this title, means and includes all dangerous and extremely hazardous wastes designated in WAC 173-303-040, 173-303-070 through 173-303-103, and RCW 70.105.010. [Ord. 3648 § 2, 1989.]

13.04.485 Heavy equipment yards.

“Heavy equipment yards” means property used by a licensed contractor to store and maintain business-related heavy equipment including backhoes/track hoes, road graders, compactors, dump trucks, excavators, and other similar heavy equipment. Accessory buildings to a heavy equipment yard would include an office and/or maintenance shop. [Ord. 4142, 1998.]

13.04.490 Home occupation.

“Home occupation” means an occupation carried on entirely within a residence by only the occupants, which activity is clearly incidental to the use of the residence as a dwelling and does not change its residential character. Such home occupation shall be conducted in such a manner as not to give any outward appearance nor manifest any characteristics of a business in the ordinary sense, shall not infringe upon the rights of the neighboring residents, and shall not infringe upon or change the intent of the residential zone. An occupation which does not meet the above definition or does not comply with the following criteria shall not be deemed a home occupation. Any home occupation granted would be personal to the person to whom it is granted and under no circumstances shall any home occupation be carried over as a result of a change in ownership of the property.

A. There shall not be structural alteration that would alter the outward appearance from a residential to commercial nature to accommodate the occupation;

B. The use, including all storage space, shall not occupy more than 25 percent of the residence’s floor area which is finished for living purposes;

C. Only members of the family who reside on the premises shall be engaged in the occupation(s);

D. There shall be no window display nor shall sample commodities be displayed outside the building;

E. No materials or mechanical equipment shall be used which will have a negative impact on the residential area because of vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factors;

F. If materials or commodities delivered to or from the residence require delivery by a commercial vehicle or a trailer, or if the parking of customers’ automobiles in a manner or frequency causing disturbance or inconvenience to nearby residences, or if a public parking lot is necessary to accommodate the business, the occupation shall be termed a primary business and not a home occupation;

G. If the proposed activity consists entirely of office procedures and tasks in support of a particular business, and furthermore involves no customer or delivery traffic to the residence in conjunction with the business, such activity shall be considered as an accessory residential use and shall not be required to obtain a conditional use permit;

H. At a minimum, the use shall undergo a yearly review by city staff to determine whether the above criteria or others included with approval are being observed in the conduct of business;

I. For purposes of this section, use of the defined term “residence” contained in this code for the purpose of considering a home occupation in an accessory building shall be limited to single-family uses. Home occupations in multifamily dwellings shall be confined to the principal dwelling unit buildings and not be allowed in accessory structures. [Ord. 4096, 1997; Ord. 3583 § 1, 1987; Ord. 3364 § 1, 1982.]

13.04.500 Hospital.

“Hospital” means an institution receiving in-patients and out-patients and rendering medical, surgical and/or obstetrical care. This definition includes clinics. [Ord. 2810 § 2.04(t), 1970.]

13.04.510 Hotel.

“Hotel” means any building or portion thereof containing six or more guest rooms used or intended or designed to be used, let or hired out to be occupied, or which are occupied by six or more paying guests, other than apartment buildings, and shall include hotels, lodging and rooming houses, dormitories, Turkish baths, bachelor hotels, studio hotels, public and private clubs, and any building of any nature whatsoever so occupied, designed or intended to be occupied, except jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes or similar buildings where human beings are housed and detained under legal restraint. [Ord. 2810 § 2.04(u), 1970.]

13.04.520 Household services.

“Household services” means maintenance and repair services characteristically provided to households such as, but not limited to, television repairing and servicing, rug and drapery cleaning, sewing, janitorial services, painting, plumbing and heating contractor, upholstery repairing, and appliance repair services. [Ord. 2810 § 2.04(v), 1970.]

13.04.540 Lot.

For purposes of this title, a “lot” is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, area, and yards. Such lot shall have frontage on an improved public street, and may consist of:

A. A single lot of record;

B. A portion of a lot of record;

C. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record;

D. A parcel of land described by metes and bounds; provided, that in no case of division or combination of parcels of land shall any residual lot or parcel be created which does not meet the requirements of this title. [Ord. 2810 § 2.04(w), 1970.]

13.04.560 Lot depth.

“Lot depth” means the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. [Ord. 2810 § 2.04(x), 1970.]

13.04.580 Lot frontage.

“Lot frontage” means that portion of the lot nearest the street. For the purpose of determining yard requirements on corner lots and on through lots, all sides of the lot adjacent to public streets shall be considered frontage and yards shall be provided as indicated in this title. [Ord. 2810 § 2.04(y), 1970.]

13.04.600 Lot line.

“Lot line” means a line bounding a lot; synonymous with “street line”: when a lot line coincides with a right-of-way line of an abutting street.

A. “Front lot line” means, for interior lots, the lot line abutting on a street. When a corner lot or double frontage lot has nearly equal frontage on two streets, designation of the front lot line shall be at the discretion of the lot owner.

B. “Rear lot line” means the lot line opposite and farthest from the front lot line. For a pointed or irregular lot, the rear lot line shall be an imaginary line, parallel to and farthest from the front lot line, not less than 10 feet long and wholly within the lot.

C. “Side lot line” means any lot line other than a front or rear lot line; in the case of a corner lot, the lot line abutting the side street is termed an “exterior side lot line”; all other side lot lines are termed “interior side lot lines.” [Ord. 2810 § 2.04(z), 1970.]

13.04.620 Lot of record.

“Lot of record” means a lot which is part of a subdivision recorded in the office of the county auditor, or a lot or parcel described by metes and bounds, the description of which has been so recorded. [Ord. 2810 § 2.04(cc), 1970.]

13.04.640 Lot types – Corner, interior, through.

The following illustrates terminology used in this title with reference to lot types:

A. “Corner lot” means a lot located at the intersection of two or more streets.

B. “Interior lot” means a lot other than a corner lot with frontage only on one street other than an alley.

C. “Through lot” means a lot other than a corner lot with frontage on more than one street other than an alley and may also be referred to as a “double frontage lot.” [Ord. 2810 § 2.04(aa), 1970.]

13.04.660 Lot width.

“Lot width” means the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear lot lines at each side of the lot, and measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the 80 percent requirement shall not apply. [Ord. 2810 § 2.04(bb), 1970.]

13.04.670 Lowest floor.

“Lowest floor” means the first floor of a structure which provides, or is capable of providing, for human habitation or the storage of materials. This term shall include basements. [Ord. 3302 § 2(e), 1981.]

13.04.680 Manufactured home.

“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term “manufactured home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For flood insurance purposes, the term “manufactured home” does not include park trailers, travel trailers, and other similar vehicles.

For the purposes of those manufactured homes covered by the provisions of Chapter 13.47 ECC, “manufactured home” shall be defined so as to meet the requirements of RCW 35.63.160, specifically as follows:

A. Be constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes;

B. Be comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long or multiple sections comprising a minimum of 864 square feet in floor area with the finished structure at least 24 feet wide;

C. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of a minimum nominal 3:12 pitch;

D. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built International Building Code single-family dwelling units; and

E. Be a “new manufactured home,” as defined by RCW 35.63.160(2). [Ord. 4420 § 1, 2005; Ord. 3954 § 3, 1994.]

13.04.690 Manufactured home lot.

“Manufactured home lot” means a portion of a manufactured home park or manufactured home subdivision used or intended to be used for the parking of one manufactured home, including the land covered by the manufactured home, adjacent open spaces, and attached or detached accessory buildings and structures. [Ord. 3954 § 4, 1994; Ord. 2810 § 2.04(ee), 1970.]

13.04.700 Manufactured home park.

“Manufactured home park” means a lot, parcel, or tract of land having as its principal use the rental of space for occupancy by two or more manufactured homes, including any accessory buildings, structures or uses customarily incidental thereto. [Ord. 3954 § 5, 1994; Ord. 2810 § 2.04(ff), 1970.]

13.04.710 Manufactured home subdivision.

“Manufactured home subdivision” means a subdivision comprising five or more manufactured home lots platted for lease or sale to the public, and restricted to such use by covenant or deed restrictions. [Ord. 3954 § 6, 1994; Ord. 2810 § 2.04(gg), 1970.]

13.04.720 Miniwarehouse.

“Miniwarehouse” means an enclosed single story building(s) designed and constructed to provide individual compartmentalized controlled access stalls or lockers which shall be used only for the storage of personal property. [Ord. 3176 § 1, 1978.]

13.04.760 Motel.

“Motel” means a group of two or more detached or semi-detached living or sleeping units designed for use primarily by automobile transients. [Ord. 2810 § 2.04(hh), 1970.]

13.04.780 Nonconforming use.

“Nonconforming use” means a lawful use of land or structure in existence on March 16, 1970, or at the time of any amendment to the ordinance codified in this title and which does not conform to the use regulations of the zone in which such use is located. [Ord. 2810 § 2.04(ii), 1970.]

13.04.790 Nursing home.

“Nursing home” means any facility licensed by the Washington State Department of Social and Health Services or other appropriate state agencies, providing convalescent, chronic or domiciliary care for a period in excess of 24 consecutive hours, for three or more patients or residents not related by blood or marriage to the licensee. [Ord. 3181 § 1, 1978.]

13.04.800 Occupancy.

“Occupancy” means the purpose for which a building is used or intended to be used. For purposes of this title, a change of occupancy is not intended to include change of tenants or proprietors, but intended to indicate a change in the type of use. [Ord. 2810 § 2.04(jj), 1970.]

13.04.805 Office.

“Office” means a building or portion thereof which is primarily used to transact the administrative or professional activities of a business. Such uses include, but are not limited to: medical (excluding veterinary), dental, chiropractic, optometric, legal, banking, insurance, real estate, brokers, administrative, public, contractors’, consultants’, corporate, or manufacturers’ offices. [Ord. 4331, 2002.]

13.04.810 Off-site.

“Off-site” means separate and/or geographically separated noncontiguous property located within the city of Ellensburg corporate boundaries. Off-site hazardous waste treatment and storage facilities treat and store hazardous wastes generated from separate property locations within the city of Ellensburg. [Ord. 3648 § 1, 1989.]

13.04.820 One-hundred-year (100-year) flood.

“One-hundred-year (100-year) flood” means a type of flood which can be expected to occur at any time in a given year based upon recorded historical precipitation and other valid data, but with an average statistical one percent chance of being equaled or exceeded during any one year. This term is interchangeable with a “one percent” or “intermediate regional flood” or “base flood.” [Ord. 3302 § 2(f), 1981.]

13.04.830 On-site.

“On-site” means the same, geographically contiguous, or bordering property. On-site hazardous waste treatment and storage facilities treat and store wastes generated on the same property. [Ord. 3648 § 1, 1989.]

13.04.840 Open space.

“Open space” means any area which has been landscaped or left undisturbed in a natural state. Open air patios and any outdoor space devoted to recreation or leisure activities shall be considered as open space. Driveways and off-street parking areas may be considered as open space. [Ord. 2962 § 1, 1973; Ord. 2810 § 2.04(kk), 1970.]

13.04.845 Outlet center.

“Outlet center” means a shopping center which does not contain an anchor retail store and which at least 51 percent of the retail tenants are manufacturer outlet retailers offering manufacturer-branded goods. The minimum size of an outlet center shall be 150,000 gross square feet and the maximum size of any single retail tenant shall not exceed 15,000 gross square feet of floor area. [Ord. 4614 § 1, 2012.]

13.04.850 Parking space, off-street.

“Off-street parking space” shall comprise not less than 180 square feet of parking stall plus necessary maneuvering space. Space for maneuvering incidental to parking or unparking shall not encroach upon any public way. Every off-street parking space shall be accessible from a public way. [Ord. 2810 § 2.04(ll), 1970.]

13.04.860 Personal services.

“Personal services” means services rendered to individuals for their personal physical appearance and conditioning needs. Examples would include but not be limited to the following types of services: barber, beautician, masseur, and steam and sauna baths. [Ord. 2810 § 2.04(mm), 1970.]

13.04.870 Public transportation.

A. “Public transportation” means the conveyance of passengers and/or freight by buses, trains, airplanes or taxis for a fare.

B. “Passenger terminals” means the facilities used as transfer areas, ticketing agencies and administrative offices for “public transportation,” excluding taxi stands or bus stops along prescribed bus routes.

C. “Deadhead stations” means the facilities used for the storage and mechanical maintenance of vehicles engaged in “public transportation.” [Ord. 3241 § 2, 1979.]

13.04.880 Public use.

“Public use” means any use of land by a local, state or federal government agency. [Ord. 2810 § 2.04(nn), 1970.]

13.04.890 Public utility.

“Public utility” means any use of land by a local, state, or federal agency, or by any person, firm or corporation licensed or franchised by such a government agency involving the transportation or transmission of materials, signals or electrical energy by vehicle or through conduit, wire, pipe or other similar device. Typical examples of this would include water, gas and sewer mains, television or telephone lines, and refuse collection. For the purpose of this title, such uses located or to be located on the properties they are to serve shall not be included in this definition. [Ord. 3241 § 1, 1979; Ord. 2810 § 2.04(oo), 1970.]

13.04.895 Regional retail commercial.

“Regional retail commercial” means any use which involves the display and sale of retail consumer goods and also includes personal, professional, household services, and general grocery sales. As used in this code, “regional retail commercial” uses are subject to special location and other standards that are included in the commercial tourist and highway commercial zones, the city’s design standards and the regional retail commercial master site plan permit. “Regional retail commercial” development may also include other permitted uses in the relevant zone in which such development is located. [Ord. 4497 § 4, 2007.]

13.04.900 Residence.

“Residence” means the place in which one lives, consisting of all primary structures which have living facilities, including provisions for sleeping, eating, cooking and sanitation, and all accessory buildings which are on the same lot of record as the primary structure, or on connecting lots of ownership. [Ord. 4096, 1997.]

13.04.910 Senior citizen housing.

“Senior citizen housing” means:

A. Type A. A multiple-family complex, comprised of 10 or more units, occupied by persons aged 62 years or over, which does not contain any units having more than two bedrooms; or

B. Type B. A multiple-family complex, comprised of 10 or more units, occupied by persons aged 55 or over, which does not contain any units having more than three bedrooms. [Ord. 4468 § 1, 2007; Ord. 3138 § 1, 1977.]

13.04.920 Sign.

“Sign” means any medium, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising purposes, other than paint on the surface of a building. [Ord. 2810 § 2.04(pp), 1970.]

13.04.930 Start of construction.

“Start of construction” means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. [Ord. 3954 § 7, 1994.]

13.04.940 Storage.

“Storage” means the holding of dangerous waste for a temporary period. Accumulation of dangerous waste by the generator on the site of generation is not storage as long as the generator complies with the applicable requirements of WAC 173-303-201. [Ord. 3648 § 3, 1989.]

13.04.950 Street.

“Street” means a thoroughfare not less than 20 feet in width which has been dedicated to the public and designated for public use as a street and which affords a primary means of access to abutting property. [Ord. 2810 § 2.04(qq), 1970.]

13.04.960 Strip commercial development.

“Strip commercial development” means commercial development in a linear form along any public street. Characteristics of strip commercial development are:

A. Primary access is from one street.

B. Lot(s) are less than 300 feet deep.

C. There is little or no commercial development on the street to the rear of the lot(s).

D. Uncoordinated development of separate lots. [Ord. 3357 § 1, 1982.]

13.04.970 Structure.

“Structure” means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. It shall also include but not be limited to buildings, manufactured homes, walls, fences, billboards and poster panels; provided, however, for the purposes of the floodplain district provisions only, the term “structure” shall be limited to mean a walled and roofed building including a gas or liquid storage tank that is principally aboveground. [Ord. 3954 § 8, 1994; Ord. 3302 § 3, 1981; Ord. 2810 § 2.04(rr), 1970.]

13.04.980 Structural alteration.

“Structural alteration” means any change, addition, or modification in the supporting members of a building or structure such as bearing walls, columns, beams or girders, floor joists or roof joists. [Ord. 2810 § 2.04(ss), 1970.]

13.04.990 Substantial improvement.

“Substantial improvement” means any repair, reconstruction, alteration or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the alteration takes place or, if the structure is damaged, before the damage occurred. [Ord. 3302 § 2(g), 1981.]

13.04.1000 Supermarket.

“Supermarket” means a retail self-service establishment selling primarily food items and normally operating two or more cash registers for that purpose. [Ord. 2810 § 2.04(tt), 1970.]

13.04.1020 Travel trailer.

“Travel trailer” means a vehicle, self-propelled or otherwise, designed to temporarily shelter persons en route on a recreational or vacation trip, having a body width and length not exceeding eight feet and 28 feet, respectively. “Travel trailer” includes truck-mounted camper and self-propelled travel vans.

A. A “dependent trailer” does not have adequate bath facilities and flush toilets for a long-term occupancy and should not be sited in a manufactured home park for more than 30 days.

B. An “independent trailer” has adequate bath facilities and flush toilets and can be sited in a manufactured home park for short-term residential occupancy. [Ord. 4175, 1998; Ord. 2810 § 2.04(uu), 1970.]

13.04.1040 Travel trailer park.

“Travel trailer park” means a lot, parcel or tract of land, or a portion of a manufactured home park, having as its principal use the rental of space for temporary, short-term, transient occupancy by two or more travel trailers, including any accessory buildings, structures and uses customarily incidental thereto. [Ord. 4175, 1998; Ord. 2810 § 2.04(vv), 1970.]

13.04.1060 Trailer.

“Trailer” means a vehicle with or without motor power designed to be used primarily for human habitation and having permanently affixed cooking or sanitation facilities. (See ECC 13.04.680, Manufactured home.) [Ord. 4175, 1998; Ord. 2810 § 2.04(ww), 1970.]

13.04.1080 Trailer park.

“Trailer park” means a tract of land where space is made available for trailer occupancy in compliance with applicable state and local laws. [Ord. 2810 § 2.04(xx), 1970.]

13.04.1090 Treatment.

“Treatment” means the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, amendable for energy or material resource recover, amendable for storage, or reduced in volume. [Ord. 3648 § 4, 1989.]

13.04.1100 Usable floor area.

“Usable floor area” is a term used in computing parking requirements, meaning the aggregate area of a building enclosed by the interior face of exterior walls on the first story, and including the floor area, similarly measured, of each additional story which is connected to the first story by a fixed stairway, escalator, ramp or elevator, and the floor area of all accessory buildings, measured similarly, but excluding that part of any floor area which is occupied by heating, ventilating, or other permanently installed equipment required for operation of the building, and by unenclosed porches, light shafts, public corridors and public toilets. For uses not enclosed with a building, the area for sales, display, or service shall be measured to determine equivalent usable floor area. [Ord. 2810 § 2.04(yy), 1970.]

13.04.1120 Variance.

A “variance” is an authorized relaxation of the terms of this title where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the title would result in unnecessary and undue hardship. As used in this title, a variance is authorized only for height, area, and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning division or district or adjoining zoning divisions or districts. [Ord. 2810 § 2.04(zz), 1970.]

13.04.1140 Vehicle.

“Vehicle” means any contrivance in or on which persons or things may be contained, carried or conveyed, whether in motion or standing, and includes mobile homes or trailer houses as defined in this title, whether or not fixed or fitted with wheels or runners. (See ECC 13.04.140, Building.) [Ord. 2810 § 2.04(aaa), 1970.]

13.04.1150 Wetlands.

“Wetlands” means areas that are inundated or saturated by surface water or groundwater 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, waste water treatment facilities, farm ponds and landscape amenities. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands, if permitted. The Washington State Wetlands Rating System, published by the Washington State Department of Ecology in October, 1991 (Publication No. 91-58), shall be used to identify and determine the relative functions, critical status, unique status, and sensitivity of a wetland. [Ord. 3820 § 2, 1992.]

13.04.1160 Yard.

“Yard” means a required open space unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward; provided, however, that fences and walls may be permitted in any yard subject to limitations as indicated herein. [Ord. 2810 § 2.04(bbb), 1970.]

13.04.1180 Yard, front.

“Front yard” means a yard extending between side lot lines across the front of a lot and abutting the front property line.

Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear yard lines shall be parallel. [Ord. 2810 § 2.04(ccc), 1970.]

13.04.1200 Yard, rear.

“Rear yard” means a yard extending across the rear of the lot between inner side yard lines. In the case of through lots, there will be no rear yard.

Depth of required rear yards shall be measured at right angles to a straight line joining the rearmost points of the side lot lines. The forward rear yard line of a required rear yard shall be parallel to the straight line so established. [Ord. 2810 § 2.04(ddd), 1970.]

13.04.1220 Yard, side.

“Side yard” means a yard extending from the rear line of required front yard to the rear lot line. In the case of through lots, side yards shall extend from the rear lines of the front yards required. In the case of corner lots with normal frontage, there will be only one side yard, adjacent to an interior lot.

Widths of required side yards shall be measured at right angles to a straight line joining the ends of front and rear lot lines on the same side of the lot. The inner side yard line of a required side yard shall be parallel to the straight line so established. [Ord. 2810 § 2.04(eee), 1970.]

13.04.1240 Yard sale.

“Yard sale” shall include yard sales, patio sales, rummage sales, garage sales, or any similar sale of merchandise offered to the general public in all zones where the primary land use is for a residence. [Ord. 3968 § 1, 1995.]