Chapter 17.08 DEFINITIONS

For the purpose of this title, certain words and terms used herein, or which may be used, are defined below. Words not defined shall be known by their common meaning unless the context clearly indicates otherwise. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 6, 2003; Ord. 3075 § 2.1, 1987)

17.08.020 “A” definitions.

“Accessory building or structure” means a subordinate building or structure that is incidental to the principal structure on the same lot. Accessory dwelling units are not considered accessory buildings or structures.

“Accessory dwelling unit” means separate living quarters contained within or detached from a single-family dwelling on a single lot, containing eight hundred square feet of floor area or less, excluding any garage area or accessory buildings and sharing a single driveway with the primary dwelling; provided, no recreational vehicle shall be an accessory dwelling unit.

“Accessory use, building or structure” means a building, part of a building or structure, or a use which is subordinate to the operation or enjoyment of a lawful use and the use of which is incidental to that of the main building, structure or use on the same lot.

“Administrative official” means the duly appointed city of Kelso community development director or the director’s designee.

“Administrative uses” means those uses set forth and defined in the text and tables of this title and are generally thought to be compatible throughout the district. However, there may be some instances where such a use may be incompatible and site plan review by the administrative official and the opportunity for public comment is required in order to ensure compatibility with the intent and character of the district.

“Adult day care home” means a regular family abode of a person or persons providing personal care or special care for less than twenty-four hours to more than one but not more than six adults who are not related by blood or marriage to the person(s) providing the services.

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

“Agriculture” means all forms of crop-related activities, such as growing crops and processing crops as part of a farm, and animal husbandry, using best management practices. Incidental vegetable gardening, landscaping and keeping common pets are not defined as agriculture.

“Alley” means a public thoroughfare or way having a width of not more than twenty feet that affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

“Alteration(s)” means any change, addition or modification in construction or occupancy of a building, or any change, addition or modification to a site.

“Assisted living home” means an establishment operated for the purpose of providing a range of domiciliary care for a group of persons who by reason of age are either unable to or choose not to provide such care for themselves and who are not in need of medical or nursing treatment except in the case of temporary illness.

“Auto repair services” means the servicing of automobiles not owned by the property owner, for a fee, including mechanical servicing and body work. Auto repair services must take place within a building.

“Auto wrecking yard” means an area where the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts, exists. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.030 “B” definitions.

“Bed and breakfast” means a detached single-family residence that is owner occupied and in which:

A. No more than five guest rooms are provided within the residence or within accessory buildings, for compensation, as overnight accommodations for transient visitors who remain no longer than two weeks in any one visit; and

B. Breakfast is customarily included in the charge for the room.

“Boarding house” means a building with not more than five guest rooms where lodging and meals are provided for compensation for not more than ten persons, but shall not include rest homes or convalescent homes.

“Buffer” means space, either landscaped or existing or natural vegetation, intended to reduce the impact of undesirable sights, sounds, or odors; provided, that an area that was logged or clear cut within five years of submittal may not be acceptable as a buffer. Buffers protecting critical areas shall be as defined in Chapter 18.20.

“Building” means any structure intended for support, shelter or enclosure of persons, animals, uses or property of any kind.

“Building height” means the vertical distance above grade 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 pitched or hipped roof. The height of a stepped or terraced building is the maximum height of any segment of the building.

“Building line” means the perimeter of that portion of a building or structure nearest a property line but excluding open steps, terraces, cornices, decks less than thirty inches high, and other ornamental features projecting from the walls of the building or structure.

“Building, main” means the principal building on a lot or building site, designed or used to accommodate the primary use to which the premises are devoted; where a permissible use involves more than one structure designed or used for the primary purpose, as in the case of group houses, each such permissible building on one lot as defined by this title shall be construed as constituting a main building.

“Building official” means the person or persons or firm designated by the city to ensure compliance with appropriate municipal codes related to building permits, such as administration of the International Building Codes. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.040 “C” definitions.

“Caliper” means a measurement of a tree’s diameter, in particular deciduous trees. Caliper of a tree trunk shall be taken six inches above the ground up to and including four-inch caliper size, and twelve inches above the ground for larger tree sizes.

“Carport” means a covered shelter for one or more vehicles that is open on at least two sides.

“Child day care centers” means any preschool, day nursery, nursery school, child home-based day care nursery or other building or premises regularly used for the day care of a group of thirteen or more children for periods of less than twenty-four hours, apart from their parents or guardians, governed by the state day care center licensing provisions and conducted in accordance with state requirements.

“Clinic” means a building or portion of a building in which health care services are provided for treatment of human or animal outpatients.

“Club/lodge” means any kind of group for members only and who meet for a specific purpose.

“Cluster development” means the arrangement or grouping of lots to increase densities on some portions of a property to preserve the remainder for open space or other amenities.

“Community center” means a location where members of a community may gather for group activities, social support, public information, and other purposes. They may sometimes be open for the whole community or for a specialized group within the greater community.

“Conditional uses” means those uses set forth and defined in the text and tables of this title and are generally thought to be incompatible throughout the district. However, compatibility with other uses in the district may be achieved if uses are properly sited and designed. Conditional uses may be permitted by the hearings examiner when it is determined, after holding a public hearing, that difficulties related to compatibility and/or the provisions of public services have been adequately resolved.

“Convalescent or nursing homes” means permitting nursing, dietary and other personal services to convalescents, invalids or other persons incapable of providing for their own care, but excluding cases of mental illness and cases of contagious or communicable disease and excluding surgery or primary treatments which are customarily provided in sanitariums or hospitals. See “health care facility.”

“Cultural institution” means a building used primarily for the production, presentation, or exhibition of cultural disciplines such as music, dance, theater, literature and the visual arts, or items of scientific interest. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3568 § 1, 2005; Ord. 3508 § 7, 2003)

17.08.050 “D” definitions.

“Day care facility” means a building or structure in which an agency, person, or persons regularly provide child care for a group of children for periods of less than twenty-four hours per day. Child care facilities include family day care homes and child day care centers, as defined below:

A. “Family day care home” means a state licensed child day care facility in the family residence of a state licensee providing regularly scheduled child day care for not more than twelve children in the family living quarters, including children who reside at the home.

B. “Child day care centers” means any preschool, day nursery, nursery school, child home-based day care nursery or other building or premises regularly used for the day care of a group of thirteen or more children for periods of less than twenty-four hours, apart from their parents or guardians, governed by the state day care center licensing provisions and conducted in accordance with state requirements.

“Density” is a method of describing the intensity of development patterns typically measured in dwelling units per acre. Gross density includes the entire property, whereas net density refers to the land available for development (e.g., less roads and critical areas).

“Development” means the activity or purpose for which land or structures or a combination of land and structures are designed, arranged, occupied or maintained together with any associated site improvements. This definition includes the construction, erection, placement, movement or demolition of any structure or site improvement and any physical alteration to land itself including any clearing, grading, leveling, paving or excavation. Development also means any existing or proposed configuration of land, structures and site improvements, and the use thereof.

“Development rights” means the potential for the improvement of real property, measured in dwelling units or units of commercial or industrial space, existing because of the zoning classification of real property.

“Diameter breast height” means the diameter of a tree trunk measured at four feet above average grade.

“Domestic animal” means cats, dogs, rabbits and other small animals commonly kept as pets in the city.

“Drive-through business” means a business or portion of a business where customers may carry on business while seated in a motor vehicle. This definition shall include but not be limited to gas stations, car washes, and drive-in businesses and facilities such as restaurants or banks.

“Drought-resistant plants” means plant material that, once established, can survive with little or no water other than that from annual rainfall.

“Dwelling” or “dwelling unit” means a building or portion of a building designed exclusively for residential purposes.

“Dwelling, duplex” means a building containing two dwelling units under a common roof.

“Dwelling, multifamily” means a building or portion of a building containing three or more dwelling units or more than one dwelling unit on one lot, not including accessory dwelling units.

“Dwelling, single-family” means a building containing one dwelling unit. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.060 “E” definitions.

“Easement” means a private agreement between parties to allow the use of the real property of another for a specific purpose, such as access, utility lines, etc. An easement is itself a real property interest, but legal title to the underlying land is retained by the original owner for all other purposes.

“Education institution” means a school or educational or training institution that offers a program of college, professional, preparatory, high school, middle school, junior high school, elementary, or kindergarten instruction, or any combination thereof, or any other program of trade, technical or artistic instruction (excluding single-day programs of instruction), together with associated staff housing and/or conference facilities and other typical educational accessory uses.

A. “Private” education institutions are privately owned and operated.

B. “Public” education institutions are operated by the Kelso School District or any other public entity.

“Equipment” means nonautomobile mechanisms including:

A. “Heavy equipment” means self-powered, self-propelled or towed mechanical devices, equipment and vehicles of a nature customarily used for commercial purposes such as tandem axle trucks, graders, backhoes, tractor trailers, cranes and lifts but excluding automobiles, recreational vehicles and boats and their trailers.

B. “Light equipment” means handheld mechanical devices of a nature typically used for landscaping or other nonindustrial scale activities.

C. “Mechanical equipment” means HVAC or other mechanisms that are fixed in a location for uses associated with structures.

“Equipment storage area” means a place where two or more items of heavy and/or light equipment are stored. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.070 “F” definitions.

“Factory-built home” means any building designed to be used as a dwelling, that is constructed primarily in a factory in compliance with the standards of the International Building Code, does not contain a permanent chassis, and is transported to the site for assembly and installation on a permanent foundation. Such dwellings must have the insignia of approval of the Washington State Department of Labor and Industries, in accordance with Chapter 43.22 RCW.

“Family” means an individual, or two or more persons related by blood, marriage or adoption, or a group of not more than six persons, excluding servants, who are not related by blood, marriage or adoption living together in a dwelling unit.

“Family home services” includes the following:

A. “Adult day care home” means a regular family abode of a person or persons providing personal care, or special care for less than twenty-four hours to more than one but not more than six adults who are not related by blood or marriage to the person(s) providing the services.

B. “Adult family home” means a regular family abode of a person or persons providing personal care, or 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(s) providing the services.

C. “Family day care home” means a licensed child day care facility in the family residence of a state licensee providing regularly scheduled child day care for not more than twelve children in the family living quarters, including children who reside at the home.

D. “Foster family home” means a dwelling unit in which foster care is provided on a twenty-four-hour basis for not more than six unrelated children, expectant mothers or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother or disabled person is placed as part of the family, and the dwelling unit is governed by the state foster care home licensing provisions and conducted in accordance with state requirements.

E. “Group care facility, small” means a facility for handicapped, physically disabled or developmentally disabled or elderly adults needing assistance, or dependent or predelinquent children, plus house parents, providing facilities residentially oriented in a home-like environment directed to allow a degree of community participation and human dignity not provided in an institutional atmosphere for only six or less such persons, plus house parents. Does not include “halfway house” as defined.

F. “Licensed boarding home, small” means any home or other institution however named which is advertised, announced or maintained for the express or implied purpose of providing domiciliary assisted living services and enhanced adult residential care to three to six aged persons not related by blood or marriage.

“Farmer’s market” means an open-air temporary grouping of vendors in a common location, usually selling produce, freshly prepared foods, handmade crafts or other unique, agriculturally related goods.

“Flag lot” means a lot of a panhandle configuration where the panhandle connects the main body of the lot to a road or street. A lot generally in the shape of a flag where access is typically by a narrow, private right-of-way or driveway.

“Floor area” means the total area of all floors within the exterior vertical walls of a building. If any room has a sloping ceiling, no portion of the room measuring less than five vertical feet from the finished floor to the finished ceiling shall be included in the computation of total area.

“Food vending cart” means a vending container equipped with wheels and used to serve food items, prepared remotely and stored within the cart for sale on a sidewalk to pedestrians. The cart may be outfitted to keep prepared food hot or cold.

“Footprint” means the area at the ground plane of a building, structure, or other element, bounded by the outside of the exterior walls and including stairs, porches, decks, upper story overhangs, canopies, and other appurtenances over three feet in height above the grade, except not including roof overhangs.

“Formula take-out food restaurant” means a restaurant or establishment that (1) is contractually required to offer standardized menus, ingredients and interior or exterior design, and (2) serves or delivers its food or beverages in disposable containers.

“Funeral home,” “funeral chapel” or “mortuary” means a facility designed for preparing human remains for burial or cremation and/or for holding services related to the burial of human remains. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.080 “G” definitions.

“Garage” means an accessory building or an accessory portion of a primary building designed or used primarily for the shelter or storage of automobiles, boats and/or any other vehicles.

A. “Attached” means a garage that is structurally attached to the principal building on the lot.

B. “Detached” means a garage that is freestanding, not structurally attached to any other building on the lot.

“Garage/estate sale” means the sale of used household or personal goods on a residential parcel owned by the owner or occupant of the principal dwelling and/or other participants in the case of a multiple-residence sales event.

“Grade” (adjacent ground elevation) is the computed average of the lowest and the highest points of elevation of the original surface of the ground, or existing paving or sidewalk within the area between the building and property line, or, when the property line is more than five feet from the building, between the building and a line five feet from the building. On waterfront parcels as defined in the shoreline master program, the definition of grade from the shoreline master program shall be used (WAC 173-14-030(3)).

“Group care facility, large” means a facility for more than six handicapped, physically disabled, or developmentally disabled adults, or dependent or predelinquent children, plus house parents, that provides residentially oriented facilities in a home-like environment directed to allow community participation in a noninstitutional atmosphere. See “family home services.”

“Group care facility, small” means a facility for six or fewer handicapped, physically disabled, or developmentally disabled adults or dependent or predelinquent children, plus house parents, that provides residentially oriented facilities in a home-like environment directed to allow community participation in a noninstitutional atmosphere. Does not include “halfway house” as defined. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.090 “H” definitions.

“Halfway house” means a home for juvenile delinquents, adult offenders, or those leaving correctional institutions providing residentially oriented facilities which allow rehabilitation or social adjustment for persons who are in need for supervision or assistance in becoming socially reoriented but not in need of institutional care. Such facility provides a reintroduction of residents into a normal community life by providing a stable living situation rather than incarceration or a reintroduction without home, job or social reinforcement.

“Hazardous waste” means and includes all dangerous and extremely hazardous waste as specified in RCW 70.105.010.

“Hazardous waste storage” means the holding of dangerous waste for a temporary period. Accumulation of hazardous waste is not storage as long as the accumulation is in compliance with applicable requirements of WAC 173-303-200 and 173-303-201.

“Hazardous waste treatment” means the physical, chemical, or biological processing of hazardous waste to make such wastes nonhazardous or less hazardous, safer for transport, amenable for energy or material resource recovery, amenable for storage or reduced in volume.

“Health care facility” includes the terms “alcoholism/substance abuse treatment facility,” “hospice care,” “hospital,” “psychiatric hospital,” “convalescent or nursing home,” “ambulatory surgical facility,” and “sanitarium,” which are further defined as follows:

A. “Alcoholism/substance abuse treatment facility” means a private place or establishment, other than a hospital, licensed by the state and operated primarily for the inpatient treatment of alcoholism and other substance abuse problems. May include outpatient treatment.

B. “Convalescent or nursing homes” means permitting nursing, dietary and other personal services to convalescents, invalids or other persons incapable of providing for their own care, but excluding cases of mental illness and cases of contagious or communicable disease and excluding surgery or primary treatments which are customarily provided in sanitariums or hospitals.

C. “Hospice care” means palliative care provided to a terminally ill person in a place of temporary or permanent residence that alleviates physical symptoms, including pain, as well as alleviating the emotional and spiritual discomfort associated with dying.

D. “Hospital” means an institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to human patients and injured persons and licensed by state law to provide facilities and services in surgery and obstetrics and general medical practice.

“Home occupation” means an accessory use of a dwelling unit for gainful employment involving the manufacture, provision, or sale of goods and/or services.

A. “Major home occupations” include any occupation which is clearly secondary to the main use of the premises as a dwelling place, and does not change the character thereof or have any exterior evidence of such secondary use (e.g., outward physical appearance, outdoor storage of materials, supplies or vehicles, noise, electrical interference, lighting, vibrations) other than signing as permitted in the zoning district in which it is situated. Major home occupations may be conducted within the dwelling unit, attached garage, or accessory structure, by members of a family residing in the dwelling, and nonresident individuals, when authorized;

B. “Minor home occupations” are compatible with the neighborhoods in which they are located and cause no impact greater than that generally associated with a single residence. Bed and breakfast establishments that contain no more than two rooms shall be considered a minor home occupation.

“Hotel/motel/inn” means a building or group of buildings containing guest rooms, where, for compensation, lodging is provided for transient visitors. Hotels, motels and inns typically provide such things as restaurants, meeting rooms and/or other auxiliary facilities and services. A hotel, motel or inn is not a bed and breakfast lodging as defined and regulated elsewhere in this title. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.100 “I” definitions.

Reserved. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.110 “J” definitions.

“Junk or salvage yard” means any area where junk or salvage is bought, sold, exchanged, baled or packed, disassembled, kept, stored or handled. This definition shall also include auto or other vehicle or machinery wrecking or dismantling activities. This definition shall not include the processing of used, discarded or salvaged materials as part of a manufacturing operation located on the same property, and contractors’ storage yards. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.120 “K” definitions.

“Kennel” means a building, enclosure or portion of any premises in or at which dogs, cats or other domesticated animals are boarded or kept for hire, or in or at which dogs, cats or other domesticated animals are kept or maintained by any person than the owner thereof, or in or at which six or more cats or four or more dogs over the age of four months are kept or maintained. This definition shall include boarding kennels, but not pet shops, animal hospitals or zoos.

“Kitchen” means any room or part of a room that is designed, built, used or intended to be used for cooking or preparation of food, including the term “kitchenette,” but not including a bar or butler’s pantry. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.130 “L” definitions.

“Landscaping” means the placement, preservation, and the replacement of trees, shrubs, plants and other vegetative materials in accordance with an approved landscaping plan meeting the requirements set forth in this title for open space and planting requirements.

Livestock. For the purposes of this title, “livestock” means horses, cows, llamas, sheep, goats, chickens, and pigeons.

“Lot area” means the total horizontal area within the lot lines, excluding any area seaward of the line of the ordinary high water mark, and excluding private streets and lot area in panhandles or flag lots narrower than thirty feet.

“Lot, corner” means a lot bounded on adjoining sides by streets.

“Lot coverage” means that portion of the total lot area covered by buildings, structures, and other impervious surfaces such as sidewalks and driveways.

“Lot depth” means the perpendicular distance measured from the midpoint of the front lot line to the rear lot line or, if necessary, to the extension of the rear lot line.

“Lot frontage” means the lot or parcel side where it adjoins a street, boulevard or access way.

“Lot, interior” means any lot other than a corner lot.

“Lot lines” means the property lines bounding the lot.

A. Front. In the case of an interior lot, the front lot line or “street frontage” is the line separating the lot from the street right-of-way. In the case of a corner lot, the shorter street frontage shall be the front lot line.

B. “Rear” means the lot line opposite and most distant from the front lot line; when the lot extends to tidal water, the rear lot line is the ordinary high water mark.

C. “Side” means any lot boundary that is not a front or rear lot line.

“Lot, through” means a lot having frontage on two streets that do not intersect at a lot line.

“Lot width” means the horizontal distance measured at the building setback line between the two opposite side lot lines. Average lot width shall be the average of the front and rear lot lines. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.140 “M” definitions.

“Manufactured home” means a single-family dwelling required to be built in accordance with regulations adopted by federal law (42 U.S.C. 5401 through 5403) and meet or exceed the requirements for a “designated manufactured home” as defined in RCW 35.63.106, now or hereafter amended.

“Meeting hall” means a building, public or private, used for large gatherings of people.

“Mobile home” means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length or, when erected on site, is three hundred twenty or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein and manufactured prior to June 15, 1976.

“Mobile home, recreational park model” means a trailer-type unit that is primarily designed to provide temporary living quarters for recreational, camping or seasonal use and that meets the following criteria:

A. Built on a single chassis, mounted on wheels;

B. Having a gross trailer area not exceeding four hundred square feet (37.15 square meters) in the set-up mode; and

C. Certified by the manufacturer as complying with ANSI A119.5.

Mortuary. See “funeral home,” “funeral chapel” or “mortuary.”

“Motel” means a building or group of buildings that contain individual sleeping quarters or dwelling units which are occupied, or intended to be occupied, for compensation. Motels typically do not provide such things as restaurants, meeting rooms, and/or other auxiliary facilities and services. This definition includes auto cabins, auto courts, tourist courts, and motor hotels, but does not include hotels.

“Museum” means a building devoted to the care, study and display of objects of lasting historic interest. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.150 “N” definitions.

“Native species” means tree, shrub, or ground cover plant species that occur or live naturally in the Columbia River region.

“Nonconforming building or structure” means a legally established building or structure that was constructed prior to adoption of the ordinance codified in this title, or applicable amendments thereto, and that does not conform to present setback, lot coverage or other development requirements of this title.

“Nonconforming lot” means a lot that was lawfully created but does not conform to the lot requirements of the zone in which it is located.

“Nonconforming use” means any preexisting structure or a legally established use of land that has been continued, but does not conform to the regulations of the zone in which it is located as determined by this title, or amendments thereto.

“Nuisance” means any use, activity or structure that interferes with the enjoyment and use of one’s property by endangering personal health or safety, offending human senses and/or failing to conform with the provisions, intent or standards of the district in which the use, activity or structure occurs. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.160 “O” definitions.

“Open space” means land and/or water area that is predominantly undeveloped, and is set aside to serve the purposes of providing park and recreation opportunities, conserving critical areas and character. Open space excludes tidelands, shorelands, yards required by this title, areas occupied by dwellings, impervious surfaces not incidental to open space purposes, individual lots or land regulated under provisions of Chapter 16.20, and areas that were clear cut or extensively logged within five years of submittal.

“Ordinary high water mark” means the mark on all lakes, streams and tidal water 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. If the ordinary high water line cannot be found, the ordinary high water mark adjoining fresh water shall be the line of mean high water.

“Outdoor storage” means the outdoor storage of goods for more than seventy-two hours. Outdoor storage includes, but is not limited to, sales or storage yards for automobiles, trailers, moving equipment boats, construction equipment and materials, items used for manufacture, and auto wrecking yards. Temporary outdoor sales displays less than one hundred square feet in ground area per business establishment parking lots, moorage areas in marinas, and outdoor sales and storage areas of commercial nurseries are not defined as outdoor storage.

“Overlay district” means a geographic area that constitutes a mapped district superimposed over the underlying zone on the official zoning map. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.170 “P” definitions.

“Park and ride lot” means an area intended to accommodate parked vehicles during normal commuting hours where commuters park their vehicles and continue travel to another destination.

“Park and ride lot, shared-use” means a parking lot that was originally developed for a limited, nonresidential use, such as a church or theater, and serves the same function as a park and ride lot. A shared-use park and ride lot requires no expansion of existing parking area or number of spaces or any other development beyond maintenance, signage and striping normally conducted for this purpose.

“Parking lot” means an area intended to accommodate parked vehicles and is not accessory to a single-family residence.

“Parking space” means a space within a parking lot, exclusive of access drives, used to park a vehicle and having access to a public street.

“Passive recreational facilities or uses” means recreational facilities or uses that do not involve or allow motorized vehicles such as trails and wildlife and nature preserves.

“Pedestrian orientation” means that the location and access to structures, site configuration and elements, types of uses permitted at street level, building front design, and location of signs are based on the needs of persons on foot.

“Permitted uses” means those uses set forth and defined in the text and tables of this title and are permitted on any site in a zoning district provided district standards are met. In some cases a permitted use may require review by the administrative official.

“Personal and professional services” means uses such as accounting firms, credit bureaus, collection agencies, advertising agencies, contractor’s offices, ambulance service companies, employment agencies, finance companies, insurance agents, income tax return preparers, investment counseling firms, lawyer’s offices, or real estate companies.

“Political signs” means signs about nonpartisan elections, bond measures, initiatives, and similar matters and the customary, partisan politics. Political signs do not include permanent outdoor advertising structures or billboards, which are regulated by the other sections of this chapter, despite whether political advertising is carried on such outdoor advertising structures or billboards.

“Protection zone” means the zone at grade level located directly below the canopy and within the drip line. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.180 “Q” definitions.

Reserved. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.190 “R” definitions.

“Recreation facilities, active” refers to a mix of uses in a neighborhood park that may include facilities or facility types such as athletic fields, buildings or structures for recreational activities, concessions, community garden, courses or courts, children’s play area, dog play area, or a bike path.

“Recreational facilities, passive” refers to a mix of uses in a neighborhood park, undeveloped land or minimally improved lands such as landscaped areas, natural area or sensitive areas, ornamental gardens, nonlandscaped green space, stairways, decorative fountains, picnic areas, water bodies, or trails without recreational staffing.

“Recreational vehicle” means a vehicle, such as a motor home, travel trailer, truck/camper combination or camper trailer, that is designed for human habitation for recreational or emergency purposes and that may be moved on public highways without any special permit for long, wide or heavy loads.

“Recycling center” means a collection point for small refuse items, including, but not limited to, bottles and newspapers, located either in a container or a small structure.

“Religious facility” means a facility in which the primary focus is religious worship. A religious facility may also include related activities including religious education, counseling, assembly rooms, kitchen, and a rectory or parsonage.

“Retail sales and services” means sales and service uses that offer items and/or services to the general public at retail prices. Such retail sales and services are available, through a storefront, to walk-in customers. Examples of retail sales and services include but are not limited to antique shops, barber shops, beauty shops, bicycle shops, bookstores, butcher shops, china and glassware stores, cigar stores, clothing stores, confectionery stores, department stores, drapery stores, dress suit rental, drugstores, dry goods stores, floor covering stores, florists, furniture stores, gift and souvenir shops, grocery stores, hardware stores, household appliance stores, infants’ wear shops, jewelry stores, luggage stores, musical instrument stores and repair shops, newsstands, paint stores, photographic supply and camera shops, shoe repair shops, sporting goods stores, stationery stores, taxidermists, variety shops, and watch, clock and jewelry repair.

“Right-of-way, public” means the property held by the city or other governmental jurisdiction for existing and/or future public access including land occupied or intended to be occupied by a street, crosswalk, pedestrian and bike paths, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, street trees or other special use. The usage of the term “right-of-way” for land division purposes shall mean that every right-of-way hereafter established and shown on a plat or map is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels.

“Roadside produce stand” means an establishment engaged in the retail sale of local fresh fruits and vegetables and having permanent or semi-permanent structures associated with such use. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.200 “S” definitions.

“Sanitarium” or “sanatorium” means a health station or retreat or other place where resident patients are kept, and which specializes in giving clinical, temporary and emergency services of a medical or surgical nature to patients and injured persons and is licensed by state agencies under provision of law to provide facilities and services in surgery, obstetrics and general medical practice, as distinguished from treatment of mental and nervous disorders.

“Screen” means a system of vegetation located within the perimeter landscape to provide varying degrees of visual separation between land uses and site development.

“Self-service storage facility” means an establishment containing separate storage spaces that are leased or rented as individual units for the storage of household or business goods.

“Setback” means the minimum allowable horizontal distance from a given point or line of reference, such as a street right-of-way, to the nearest vertical wall or other element of a building or structure as defined in this chapter.

“Sexually oriented business” means an establishment, including the following defined uses or any similar establishment to which customers are invited or permitted access and which, for consideration of any kind, offers adult materials to such customers:

A. “Adult arcade” means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image-producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

B. “Adult bookstore,” “adult novelty store” or “adult video store” means a commercial establishment which has a significant or substantial portion of its interior business or advertising to the sale or rental, for any form of consideration, of any one or more of the following:

1. Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations, which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

2. An establishment may have another significant or substantial portion of its stock-in-trade that does not involve the offering for sale or rental of materials depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities. Therefore, any establishment having twenty percent or more of its stock-in-trade or revenues that come from trading in material depicting or describing specified sexual activities or specified anatomical areas shall be categorized as an adult bookstore, an adult novelty store, or an adult video store.

C. “Adult cabaret” means a nightclub, bar, restaurant, or similar commercial establishment, whether or not alcoholic beverages are served, which features:

1. Persons who appear nude or semi-nude;

2. Live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities;

3. Films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

D. “Adult motel” means a hotel, motel, or similar commercial establishment which:

1. Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and which has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

2. Offers a sleeping room for rent for a period of time that is less than twenty hours; or

3. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than twenty hours.

E. “Adult motion picture theater” means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by the depiction or description of specified anatomical areas or specified sexual activities are regularly shown for any form of consideration.

F. “Adult theater” means a concert hall, theater, auditorium, or similar commercial establishment that, for any form of consideration, regularly features persons who appear nude or semi-nude, or live performances which are characterized by exposure of specified anatomical areas or specified sexual activities.

G. “Nude or semi-nude model studio” means any place where a person who appears nude or semi-nude or displays specified anatomical areas is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.

H. “Specified anatomical areas” means and includes any of the following:

1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

I. “Specified sexual activities” means and includes any of the following:

1. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or

2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or

3. Masturbation, actual or simulated; or

4. Human genitals in a state of sexual stimulation, arousal or tumescence; or

5. Excretory functions as part of or in connection with any of the activities set forth in subsections I1 through 4 of this definition.

“Sign” means any communication device, structure, placard or fixture that is visible from any public right-of-way or pedestrian path or sidewalk and is intended to aid in promoting the sale of products, goods, services or events or to identify a building using graphics, letters, figures, symbols, trademarks or written copy. Painted wall designs or patterns that do not represent a product, service or trademark or that do not identify the user are not considered signs; only that part of the design or pattern that cannot be distinguished from the sign shall be considered part of the sign. The different types of signs addressed in this chapter are defined as follows:

A. “Billboard” means an off-premises freestanding sign.

B. “Business complex” means a freestanding sign that is intended to provide for the advertising and identification of multiple businesses located on a single parcel.

C. “Directional sign” means a sign that contains specific directional information and whose primary purpose is directional.

D. “Electric sign” means any sign that is illuminated by an artificial light source either internally or outside of the sign.

E. “Fascia sign” means a sign attached or erected parallel to and not extending more than eighteen inches from the facade or face of any building to which it is attached and supported throughout its entire length with the exposed face of the sign parallel to the plane of the wall or facade. Signs on awnings or exterior windows and murals that include copy will be regulated as wall signs.

F. “Flashing sign” means any sign that, by movement or by other method or manner of illumination, flashes on or off, winks, blinks with varying light intensity, shows motion, or creates the illusion of motion or revolves in a manner to create the illusion of being on or off or that rotates or turns. This definition does include electronic reader board signs and barber poles.

G. “For sale/lease/rent sign” means a sign advertising the availability of real property for lease, rent or sale.

H. “Freestanding sign” means a sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or structure.

I. “Freeway sign” means a sign situated within a radius of one thousand feet from a freeway entry/exit point, but not separated by a physical barrier from the entry/exit intersection. A freeway sign is primarily oriented to the passing motorist on the adjacent freeway, and shall identify businesses such as regional shopping malls, eating, lodging or service station facilities that serve the traveling public. No wall-mounted sign can be classified as a freeway sign.

J. “Message board sign” means a sign with manual or electronic changing type that can display letters and numbers to depict a message. Message board signs must include the time and temperature in their display.

K. “Off-premises sign” means any sign that advertises an establishment, merchandise, services, goods or entertainment that is sold, produced, manufactured or furnished at a location other than on the property on which the sign is located and that does not relate strictly to the lawful use of the premises on which it is located. Lawful use is defined as a sign which indicates the business transacted, services rendered, goods sold or produced on the premises, name of the business and/or name of the person, firm or corporation occupying the premises.

L. “Political sign” means a sign related to nonpartisan elections, bond measures, initiatives, and similar matters and to the customary partisan politics. Political signs do not include permanent outdoor advertising structures or billboards.

M. “Projecting sign” means a sign that is affixed to a building or wall and projects horizontally from the surface of such a building or wall face further than eighteen inches.

N. “Rooftop sign” means any sign that is located on a roof of a building or structure.

O. “Rotating sign” means any sign that spins, rotates, moves up and down or otherwise moves in any other fashion to give an illusion of movement, not including barber poles.

P. “Sandwich board sign” means a portable sign, typically in the shape of an inverted V, with two sign boards attached to each other at the top of the sign; also known as a sandwich board or A-frame sign. Each board shall be considered a separate sign face for purposes of determining allowable area of sign.

Q. “Special service sign” means a guide sign located within the public right-of-way that provides road users with business identification and directional information for services and for eligible attractions.

R. “Temporary sign” means any sign or advertising display constructed of cloth, wood, canvas, light fabric, paper or other light materials with or without frames intended to be displayed for a limited time only as determined by the planning director, and not permanently mounted.

“Significant tree” means any living woody perennial plant characterized by a main stem or trunk having many branches, including the following:.

1. Evergreen tree ten inches in diameter or greater, measured four feet above existing grade; or

2. Deciduous tree twelve inches in diameter or greater, measured four feet above existing grade; or

3. All trees located within a required critical area buffer as defined in Title 18.

“Street” means a public way that provides vehicular circulation or primary access to abutting properties, inclusive of arterials, collector streets and local streets and exclusive of alleys. Physically, a street is the improved and maintained portion of a right-of-way that is designated for vehicular use.

“Structure” means any manmade assemblage of materials extending above or below the surface of the earth and affixed or attached thereto.

“Structure height” means the highest point above grade of a structure other than a building, except as otherwise provided by this code. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.210 “T” definitions.

“Temporary use” means a use of property intended for a limited period of time and does not involve the construction or alteration of any permanent structure.

“Tree canopy” means the total area of the tree or trees where the leaves and outermost branches extend, also known as the “drip line.”

“Tree stand” means at least five or more existing trees forming a continuous canopy, each having a six-inch diameter or greater, measured four feet above existing grade. Trees may be evergreen or deciduous varieties. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.220 “U” definitions.

“Use” means the purpose which land, buildings, or structures now serve or for which such are occupied, arranged, designed, or intended.

“Use, change of” means the change of a use within the classified use of any structure, portion thereof or premises which is permitted in a particular zoning district. A change within the same category of permitted uses (for example, a change from one restaurant to another, or a change from one retail store to another) shall not be considered to be a change of use. A change in use from a vacant structure to an occupied structure shall be considered a change of use, unless the use is a resumption of a prior use. For the purposes of this section, the prior use includes the last occupied use of the vacant structure; provided, that such vacancy has occurred for a duration of less than twelve consecutive months.

“Use, primary” means the purpose for which land or a building is designed, arranged or intended, or for which it is occupied, maintained, let or leased.

“Use, secondary” means a minor or secondary function for which a lot, building or structure is used in conjunction with, but subordinate and incidental to, its primary use.

“Utility services” means electric substations, gas metering stations, sewer lift stations, telephone and communications relay or switching stations, municipal/public water works (including pumping stations and reservoirs), power booster or conversion plants, and similar utility facilities, all with their necessary buildings, apparatus or appurtenances thereto. For purposes of this title, “utility services” does not include local transmission and collection lines, pipes, conductors, or utilities located underground. Utility services are not subject to the minimum lot size requirements of the zoning district in which they are located (except as required for domestic water, sewage disposal and soil percolation rates); provided, that they meet all other requirements of the zoning district in which they are located. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.230 “V” definitions.

“Variance” means a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property that are not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship.

“Veterinarian clinic” means a building or portion of a building used for animal health care. A veterinarian clinic may include the incidental boarding of animals undergoing treatment.

“View” means the ability to observe an expanse of open space, including the Cowlitz or Columbia River corridor or the cityscape, from the ground floor level of an existing residence. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.240 “W” definitions.

“Wireless communication facility” means an unstaffed facility for the transmission and reception of low-power radio signals consisting of an equipment shelter or cabinet, a support structure, antennas (e.g., omni-directional, panel/directional or parabolic) and related equipment.

“Wireless communication facility category 1” is a wireless communication facility that consists of antennas equal to or less than four feet in height with an area of not more than five hundred eighty square inches in the aggregate (e.g., fourteen-inch-diameter parabola or 2.6-foot by 1.5-foot panel) that is affixed to an existing structure that is not considered a component of the facility.

“Wireless communication facility category 2” is an attached wireless communication facility that consists of antennas equal to or less than ten feet in height or up to one meter (39.37 inches) in diameter and with an area not more than thirty square feet in the aggregate that is affixed to an existing structure that is not considered a component of the facility.

“Wireless communication facility category 3” is an attached wireless communication facility that consists of antennas equal to or less than fifteen feet in height or up to one meter (39.37 inches) in diameter and with an area not more than one hundred square feet in the aggregate that is affixed to an existing structure that is not considered a component of the facility.

“Wireless communication facility lattice tower” is a wireless communication support structure that consists of metal crossed strips or bars to support antennas and related equipment.

“Wireless communication facility monopole” is a wireless communication facility that consists of a support structure, the height of which shall not exceed one hundred twenty feet in height not including antennas. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.250 “X” definitions.

Reserved. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.260 “Y” definitions.

“Yard” means an open space on a lot or parcel that is required by this title to be unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.

“Yard, front” means an open space extending from a building to the front lot line.

“Yard, rear” means an open space extending from a building to the rear lot line.

“Yard, side” means an open space extending from a building to the side lot line. When a parcel has two or more front yards, the remaining yards are to be considered side yards.

“Youth-oriented business or activity” means a business utilizing a permanent building or facility where children under the age of eighteen years are invited onto the business premises in conjunction with such business activity and at least fifty percent of the business revenue is generated from their patronage. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)

17.08.270 “Z” definitions.

“Zero lot line” means a form of residential development in which individual dwelling units are placed on separately platted lots with a zero setback to one property line. They may be attached to each other but not necessarily.

“Zone” means one of the classifications of permitted uses into which the land area of the city is divided.

“Zoning map” means the official map that identifies and delineates boundaries of the city’s zoning classifications. (Ord. 3745 § 1 (Att. A), 2011; Ord. 3699 § 1 (Att. B), 2009; Ord. 3508 § 7, 2003)