Chapter 14.98
DEFINITIONS

Sections:

14.98.010    Purpose and applicability.

14.98.012    Undefined words and phrases.

14.98.015    Accessory dwelling.

14.98.020    Accessory use.

14.98.022    Administrator or zoning administrator.

14.98.025    Adult family home.

14.98.026    Agriculture.

14.98.027    Agricultural building, commercial.

14.98.028    Agricultural building, private.

14.98.029    Alley.

14.98.030    Alter or alterations.

14.98.031    Amendment.

14.98.032    Animal shelter.

14.98.033    Applicant.

14.98.034    Application.

14.98.035    Assisted living facility.

14.98.040    Auto recycling facilities.

14.98.045    Auto towing, secured.

14.98.046    Automobile-oriented use.

14.98.047    Automobile wrecking yard.

14.98.050    Bed and breakfast.

14.98.055    Binding site plan.

14.98.057    Block.

14.98.060    Boarding/lodging house.

14.98.062    Bond.

14.98.065    Boundary line adjustment.

14.98.070    Buffer (transition) area.

14.98.080    Building.

14.98.081    Building area, building site.

14.98.085    Building envelope.

14.98.090    Building height.

14.98.095    Bus stop.

14.98.100    Business or commerce.

14.98.110    Caretaker’s residence.

14.98.115    CC&Rs.

14.98.120    City.

14.98.123    Commercial.

14.98.125    Commercial-industrial land division.

14.98.130    Commission.

14.98.135    Common open space.

14.98.140    Comprehensive plan.

14.98.145    Concurrent or concurrency.

14.98.150    Conditional uses.

14.98.151    Condominium.

14.98.152    Condominium, residential.

14.98.153    Condominium, time-share.

14.98.155    Congregate care facility.

14.98.157    Contiguous land.

14.98.160    Convalescent home.

14.98.170    Council.

14.98.175    County.

14.98.180    Coverage.

14.98.185    Cul-de-sac.

14.98.187    Dangerous waste.

14.98.190    Day-care center.

14.98.195    Dedication.

14.98.200    Density.

14.98.205    Dependent care housing.

14.98.207    Development or development permit.

14.98.210    District.

14.98.212    Drive-up food service.

14.98.215    Dwelling, single-family.

14.98.220    Dwelling, two-family or duplex.

14.98.230    Dwelling unit.

14.98.235    Easement.

14.98.240    Educational services.

14.98.245    Engineer.

14.98.246    Engineer, city.

14.98.247    Engineering design standards.

14.98.250    Essential public facilities.

14.98.255    Family day-care provider home.

14.98.257    Farmer’s market.

14.98.260    Fence.

14.98.262    Fill.

14.98.264    Final approval.

14.98.265    Final plat.

14.98.270    Floor area, gross floor area.

14.98.272    Foster home.

14.98.275    Frontage.

14.98.277    Garage, parking or commercial.

14.98.278    Garage, private.

14.98.280    Governmental uses and structures.

14.98.285    Grade.

14.98.290    Group home.

14.98.292    Halfway house.

14.98.294    Hazardous waste.

14.98.295    Hazardous waste storage.

14.98.296    Hazardous waste treatment.

14.98.297    Hazardous waste treatment/ storage facility, off-site.

14.98.298    Hazardous waste treatment/ storage facility, on-site.

14.98.300    Hearing examiner.

14.98.310    Home fruit stand.

14.98.312    Home occupation.

14.98.313    Home occupation – Type A.

14.98.314    Home occupation – Type B.

14.98.315    Homeowner’s association.

14.98.316    Hotel.

14.98.317    Impervious surface.

14.98.318    Improvements.

14.98.320    Industrial park.

14.98.325    Instructional child care/preschool.

14.98.330    Junk.

14.98.340    Junkyard.

14.98.350    Kennel, commercial.

14.98.360    Kennel, hobby.

14.98.365    Land division.

14.98.370    Legally subdivided.

14.98.380    Livestock.

14.98.383    Lot area.

14.98.384    Lot, corner.

14.98.385    Lot depth.

14.98.386    Lot, flag.

14.98.387    Lot frontage.

14.98.388    Lot improvement.

14.98.390    Lot, parcel or tract.

14.98.400    Lot line, front.

14.98.410    Lot line, rear.

14.98.420    Lot line, side.

14.98.430    Lot width.

14.98.440    Manufactured home.

14.98.442    Manufactured home, designated.

14.98.445    Manufactured home park.

14.98.447    Meander line.

14.98.448    Medical, dental clinic.

14.98.450    Meeting hall.

14.98.455    Micro-brewery/winery.

14.98.460    Mineral extraction.

14.98.465    Mini-day-care center.

14.98.467    Mini-storage.

14.98.470    Mitigation.

14.98.472    Mobile home.

14.98.473    Model home.

14.98.475    Modular dwelling.

14.98.477    Monument, permanent control.

14.98.478    Motel.

14.98.480    Multifamily dwelling.

14.98.490    Multiple-building complex.

14.98.495    Municipal buildings.

14.98.496    Municipal shop/maintenance building.

14.98.498    Nonconforming building or structure.

14.98.499    Nonconforming lot.

14.98.500    Nonconforming use.

14.98.504    Nursing or convalescent home.

14.98.506    Nursery, greenhouse.

14.98.510    Off-street parking space.

14.98.513    Open space.

14.98.515    Owner.

14.98.520    Parent parcel.

14.98.522    Parking area.

14.98.523    Parking, off-street.

14.98.524    Parking space/stall.

14.98.525    Person.

14.98.526    Person with functional disabilities.

14.98.527    Plat.

14.98.528    Plat administrator or administrator.

14.98.530    Poultry.

14.98.533    Preliminary approval.

14.98.535    Preliminary plat.

14.98.540    Primary use.

14.98.545    Prior division of land.

14.98.550    Professional services.

14.98.560    Prohibited use.

14.98.562    Proof of ownership.

14.98.563    Property line.

14.98.564    Recreational facilities.

14.98.565    Recreational vehicle.

14.98.566    Recreational vehicle or trailer parks.

14.98.567    Recycling center.

14.98.568    Required improvement.

14.98.569    Retail trade or services.

14.98.570    Rezone.

14.98.571    Right-of-way.

14.98.572    Roadway.

14.98.573    Screen, screening.

14.98.575    Service station.

14.98.577    Setback.

14.98.578    Setback area.

14.98.579    Setback line.

14.98.580    Short plat.

14.98.582    Sign.

14.98.584    Sketch plat.

14.98.585    Storage.

14.98.586    Storage facility.

14.98.587    Street, dead end.

14.98.588    Street, developed.

14.98.590    Street, private or private access street.

14.98.592    Street, public.

14.98.594    Street, undeveloped or substandard.

14.98.596    Structure.

14.98.598    Subdivider, platter or project proponent.

14.98.600    Subdivision, major.

14.98.602    Subdivision, phased.

14.98.604    Subdivision, short.

14.98.610    Temporary building or structure.

14.98.613    Temporary use.

14.98.615    Trade/vocational school.

14.98.617    Travel trailer.

14.98.620    Urban growth area.

14.98.622    Use.

14.98.630    Variance.

14.98.635    Vehicle.

14.98.640    Warehouse.

14.98.645    Wrecking/junk yard.

14.98.650    Yard.

14.98.652    Yard, front.

14.98.654    Yard, rear.

14.98.656    Yard, side.

14.98.657    Yard sale.

14.98.660    Zoning or zoning code.

14.98.662    Zone district.

14.98.664    Zoning envelope.

14.98.665    Zoning map.

14.98.010 Purpose and applicability.

The purpose of this chapter is to provide a primary source for the definition of terms used in this title and RIMC Titles 16, 17, 18 and 19. The definitions herein are applicable to those titles within the context of their use. These definitions do not supersede or replace the definitions of other terms found in the enumerated titles. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.012 Undefined words and phrases.

A. Except where specifically defined in this title and any other ordinances, laws and/or regulations of the city, all words used in this title shall carry their customary meanings. The definition of any word or phrase not listed in the above sources that is in question when administering this title shall be defined from one of the following sources. Said sources shall be utilized by finding the desired definition from source number one, but if it is not available there, then source number two may be used and so on. The sources are as follows:

1. Any city of Rock Island resolution, ordinance, code, regulation or formally adopted comprehensive plan, shoreline master program or other formally adopted land use plan;

2. Any statute or regulation of the state of Washington;

3. Legal definitions from Washington common law or a law dictionary;

4. The common dictionary.

B. Words used in the present tense include the future; the plural includes the singular. The word “shall” is always mandatory; the word “may” denotes a use of discretion in making a decision; and the words “used” or “occupied” shall be considered as though followed by the words “or intended, arranged, or designed to be used or occupied.” (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.015 Accessory dwelling.

“Accessory dwelling” means a separate living unit (apartment) integrated within a single-family dwelling, or one located as a detached accessory dwelling located on the same lot as a single-family dwelling. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.020 Accessory use.

“Accessory use” means a building, area, structure, use, or any part thereof, which is subordinate to, and the use of which is incidental to, that of the main building, structure or use on the same lot. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.022 Administrator or zoning administrator.

“Administrator” or “zoning administrator” means the mayor of the city of Rock Island or his/her designee. (Ord. 07-094 § 1).

14.98.025 Adult family home.

“Adult family home” means a regular family abode 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(s) providing the services as defined in RCW 70.128.010(1), as now exists or as may be hereafter amended. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.026 Agriculture.

“Agriculture” means the tilling of soil, raising of crops and horticulture; except, that vegetable gardens occupying less than 5,000 square feet and up to 10 fruit trees are exempt from this definition. (Ord. 07-094 § 1).

14.98.027 Agricultural building, commercial.

“Agricultural building, commercial” means a structure supportive to the agricultural industry by providing refrigeration, packing and/or storage facilities, whether for private, cooperative or commercial use by agriculturists, including packing sheds, controlled atmosphere storage buildings, etc. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.028 Agricultural building, private.

“Agricultural building, private” means a structure accessory to an agricultural activity whose primary function is to directly support on-site agriculture. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.029 Alley.

“Alley” means a passage or way open to public travel and dedicated to public use affording generally a secondary access to abutting lots and not intended for general traffic circulation. Alleys are not considered streets under the terms of this title. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.030 Alter or alterations.

“Alter” or “alterations” means any structural change, addition, or modification. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.031 Amendment.

“Amendment” means a change in the wording, context or substance of this chapter or a change in the zone boundaries upon the zoning maps adopted hereunder. (Ord. 07-094 § 1).

14.98.032 Animal shelter.

“Animal shelter” means a building or structure (including outdoor fenced cages or yards) for the care of lost, abandoned, homeless or injured animals, whether domestic or wild. (Ord. 07-094 § 1).

14.98.033 Applicant.

“Applicant” means any person, entity or government agency that applies for a development proposal, permit or approval subject to review under the RIMC. (Ord. 07-094 § 1; Ord. 01-062 § 1. Formerly 14.98.032).

14.98.034 Application.

“Application” means a request for any permit or approval required from the city for proposed development or action, including without limitation building permits, conditional uses, binding site plans, short subdivisions, major subdivisions, variances, etc. (Ord. 07-094 § 1; Ord. 01-062 § 1. Formerly 14.98.033).

14.98.035 Assisted living facility.

“Assisted living facility” means a boarding home as defined in RCW 18.20.020 and licensed by the state where residents are housed in private, apartment-like units and where assisted living services, including personal care and limited nursing services, are provided for residents by employees of the facility or on contract. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.040 Auto recycling facilities.

“Auto recycling facilities” means facilities lawfully permitted through federal, state and local regulations, which facilities are for the breaking up, wrecking and recycling of motor vehicles, equipment or scrap metal, including the handling, packing, baling, sorting, storing, distributing, buying or selling of any scrap metal. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.045 Auto towing, secured.

“Auto towing, secured” means temporary storage area associated with a licensed towing company for impounded vehicles that complies with all applicable federal, state and local regulations. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.046 Automobile-oriented use.

“Automobile-oriented use” means any use of land which provides a service directly to a motor vehicle; or which provides goods or services to the occupants of a motor vehicle while seated therein; or which is a free-standing eating establishment characterized by over-the-counter service of pre-prepared or quickly prepared food which is ready to eat and packaged primarily for consumption in vehicles or off-premises. For the purpose of this chapter, automobile-oriented uses shall include, but not be limited to, such uses as service stations, car washes, drive-in banks, drive-in laundries or dry cleaners, and free-standing drive-in or carry-out eating establishments. Automobile-oriented uses shall not be interpreted to include vehicle sale, rental and service establishments. (Ord. 07-094 § 1).

14.98.047 Automobile wrecking yard.

“Automobile wrecking yard” means an area in which is conducted the dismantling and/or wrecking of used motor vehicles, machinery or trailers, or the storage or sale of dismantled, obsolete or wrecked vehicles or parts, or the storage of motor vehicles unable to be moved under the power of the vehicle. (Ord. 07-094 § 1).

14.98.050 Bed and breakfast.

“Bed and breakfast” means an establishment providing both lodging and meals for not more than 10 persons residing in the facility on a temporary basis. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.055 Binding site plan.

“Binding site plan” means a drawing to a scale specified by city ordinance which:

A. Identifies and shows the areas, locations of all streets, roads, improvements, utilities, open spaces and any other matters specified by this title;

B. Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of land as are established by the city council; and

C. Contains provisions making any development be in conformity with the site plan. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.057 Block.

“Block” means a group of lots, tracts or parcels within well-defined and fixed boundaries. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.060 Boarding/lodging house.

“Boarding/lodging house” means an establishment providing both lodging and meals for persons residing in the facility on a permanent or semi-permanent basis. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.062 Bond.

“Bond” means any form of security acceptable to the city attorney and in an amount consistent with the provisions of these regulations. All bonds shall be approved by the city council wherever a bond is required by these regulations. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.065 Boundary line adjustment.

“Boundary line adjustment” means a minor adjustment of one property line between two lots in which no third party ownership or additional building site results; provided, that the reconfiguration does not impact easements, utilities, access or some other significant impact that would warrant a plat alteration. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.070 Buffer (transition) area.

“Buffer (transition) area” means an area of land or a structure that is used or created for the purpose of insulating or separating a structure or land use from other structures or uses in such a manner as to reduce or mitigate any adverse impacts of one on the other. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.080 Building.

“Building” means any structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or property. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.081 Building area, building site.

“Building area, building site” means the portion of a lot, within which a structure may be built, bounded by the setbacks, lot coverage standard and other applicable provisions of the RIMC. (Ord. 07-094 § 1).

14.98.085 Building envelope.

“Building envelope” refers to the buildable area of a lot after applicable setbacks, easements and other restrictions on the lot are taken into account. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.090 Building height.

“Building height” means the height of a building as measured from the average, existing, natural grade at the building perimeter. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.095 Bus stop.

“Bus stop” means a facility where bus passengers are picked up and dropped off, including waiting areas, but not including service or storage facilities for buses. (Ord. 07-094 § 1).

14.98.100 Business or commerce.

“Business” or “commerce” includes any occupation or employment of buying, selling, bartering or exchanging goods, wares, merchandise or other personal property or any interest therein, or rendering services, or the ownership or management of office buildings, offices, or recreational or amusement enterprises for profit. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.110 Caretaker’s residence.

“Caretaker’s residence” means a residential dwelling unit accessory to an agricultural, commercial or industrial use for occupancy by the owner/caretaker. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.115 CC&Rs.

“CC&Rs” means covenants, conditions and restrictions by which the declarant or other party or parties executing the CC&Rs impose contractual obligations upon the present and future owners and assignees of real property. CC&Rs are connected with land or other real property, and run with the land, so that the grantee of such land is invested with and bound by the CC&Rs. CC&Rs include but are not limited to “declarations” for condominiums in accordance with Chapters 64.32 and 64.34 RCW. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.120 City.

“City” means the city of Rock Island, Washington. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.123 Commercial.

“Commercial” means a business use or activity at a scale greater than home occupation involving retail or wholesale marketing of goods and services. (Ord. 07-094 § 1).

14.98.125 Commercial-industrial land division.

“Commercial-industrial land division” means the division of land for the purpose of sale, lease, or transfer of ownership intended for the development of commercial and/or industrial uses. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.130 Commission.

“Commission” means the city of Rock Island planning commission, or any subcommittee thereof, empowered to carry out the duties set forth in Chapter 36.70 RCW and/or any function the Rock Island city council has delegated to the planning commission. (Ord. 07-094 § 1; Ord. 01-062 § 1; Ord. 99-026 § 1).

14.98.135 Common open space.

“Common open space” means a parcel or parcels of land or an area of water or a combination of land and water within the site designated for a subdivision and designed and intended for the use or enjoyment of the public. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the subdivision. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.140 Comprehensive plan.

“Comprehensive plan” means any map, plan, or policy statement pertaining to the development of land use, roads, or public utilities and facilities, for all or any portion of the city of Rock Island which has been hereafter amended. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.145 Concurrent or concurrency.

“Concurrent” or “concurrency” means that improvements are in place at the time of development, or that a financial commitment is in place to complete the improvements within six years. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.150 Conditional uses.

“Conditional uses” means uses which, because of special requirements, unusual character, size or shape, infrequent occurrence or possible detrimental effects on surrounding property, are not outright permitted. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.151 Condominium.

“Condominium” means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in unit owners, and unless a declaration and a survey map and plans have been recorded in accordance with Chapter 64.32 or 64.34 RCW. Condominiums are not confined to residential units, such as apartments, but also include offices and other types of space in commercial buildings. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.152 Condominium, residential.

“Condominium, residential” means real property, buildings and land, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions, pursuant to Chapters 64.32 and/or 64.34 RCW. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded pursuant to Chapter 64.34 RCW. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.153 Condominium, time-share.

“Condominium, time-share” means condominiums, as defined herein, where more than one owner shares ownership of a single, separate unit within the development, generally encompassing certain blocks of time during a calendar year. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.155 Congregate care facility.

“Congregate care facility” means any home or other institution which is advertised, announced or maintained for the express or implied purpose of providing lodging, meal service or personal care for three or more elderly people and/or people with functional disabilities, not related by blood or marriage to the operator, whether or not they receive public assistance. Such facilities shall be licensed by the state and shall include congregate care facilities that are facilities operated under contract with the state. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.157 Contiguous land.

“Contiguous land” means land adjoining and touching other land and having the same owner regardless of whether or not portions of the parcels have separate tax numbers or were purchased at different times, in different sections, are in different government lots or are separated from each other by private roads and/or easements. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.160 Convalescent home.

“Convalescent home” means a residential facility, licensed by the state to provide special care and supervision to convalescents, invalids and/or aged persons. Special care in such a facility includes, but is not limited to, nursing, feeding, recreation, boarding and other personal services. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.170 Council.

“Council” means the Rock Island city council. (Ord. 07-094 § 1; Ord. 01-062 § 1; Ord. 99-026 § 1).

14.98.175 County.

“County” means and refers to Douglas County, Washington. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.180 Coverage.

“Coverage” means the percentage of area of a lot which is occupied by a primary building or structure and its accessory buildings or structure, not including patios, driveways, open steps and buttresses, terraces, and ornamental features projecting from buildings or structures which are not otherwise supported by the ground. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.185 Cul-de-sac.

“Cul-de-sac” means a local or residential street with only one outlet and having a turnaround for the safe and convenient reversal of direction. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.187 Dangerous waste.

“Dangerous waste” means those wastes designated in WAC 173-303-070 through 173-303-103 and subsequent amendments as dangerous or extremely hazardous. (Ord. 07-094 § 1).

14.98.190 Day-care center.

“Day-care center” means a person or agency that provides care for 13 or more children during part of the 24-hour day. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.195 Dedication.

“Dedication” means a deliberate appropriation of land by an owner for any general and public use, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or a short plat showing the dedication thereon, and the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.200 Density.

“Density” means the amount of land per dwelling unit, excluding the area for roads, parks, churches and schools, public/private capital facilities and dedicated public lands, and environmentally sensitive areas. Environmentally sensitive areas may be used in calculating densities, provided they are maintained in their natural state. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.205 Dependent care housing.

“Dependent care housing” means single-family housing provided on a lot having an existing residence to assist in the care of individuals in need of special assistance by reason of advanced age, infirmity or disability. Dependent care housing is distinguished from adult family housing or group homes in that housing and care for individuals is without rent or charge from the persons providing the housing and care. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.207 Development or development permit.

“Development” or “development permit” means any permit or action regulations by the RIMC including but not limited to land division approvals, planned developments, rezones, conditional use permits, variances, building construction, street construction, utility construction or installation, grading, filling or excavation. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.210 District.

“District” means the specific zoning classification or designation of property adopted pursuant to RIMC Title 17. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.212 Drive-up food service.

“Drive-up food service” means an establishment which by design, physical facilities, service or packaging procedures encourages or permits customers to receive food service while remaining in a motorized vehicle. (Ord. 07-094 § 1).

14.98.215 Dwelling, single-family.

“Dwelling, single-family” means a single dwelling unit containing sufficient facilities to function as an independent self-contained housekeeping unit. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.220 Dwelling, two-family or duplex.

“Dwelling, two-family” or “duplex” means a single structure containing two dwelling units designed for occupancy by two families and connected by a common vertical wall or, in the case of a multi-story building, by common ceiling and floor. (Ord. 07-094 § 1; Ord. 01-062 § 1; Ord. 99-026 § 1).

14.98.230 Dwelling unit.

“Dwelling unit” means a building or portion thereof designed exclusively for residential purposes on a permanent basis; to be used, rented, leased, or hired out to be occupied for living purposes having independent living facilities, including permanent provisions for living, sleeping, eating, cooking, and sanitation. No motor home, travel trailer, tent trailer or other recreational vehicle shall be considered a dwelling unit. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.235 Easement.

“Easement” means authorization by a property owner for the use by another, for a specified purpose, of a designated portion of his property. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.240 Educational services.

“Educational services” means public schools, and private schools offering curricula similar to public schools, excluding all studios for group instruction and business, trade and technical schools. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.245 Engineer.

“Engineer,” unless the context indicates otherwise, means an individual licensed as a civil engineer pursuant to Chapter 18.43 RCW as now exists or as may be hereafter amended. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.246 Engineer, city.

“Engineer, city” means the engineering firm selected by the city and appointed by the mayor and approved by the city council as the city’s official engineer. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.247 Engineering design standards.

“Engineering design standards” is synonymous with “engineering standards” and means the city’s engineering, design and construction standards and specifications governing the construction of public and private improvements serving developments, as determined by the city engineer and public works superintendent from time to time. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.250 Essential public facilities.

“Essential public facilities” means those publicly and privately owned and/or operated facilities, structures, utilities and uses that are typically difficult to site due to scale and operational characteristics that may pose potentially hazardous or inherently objectionable conditions if permitted to site without public review. Examples of essential public facilities include, but are not limited to, airports, state education facilities, state or regional transportation facilities, state and local correction facilities, solid waste handling facilities and in-patient facilities, including substance abuse facilities, mental health facilities and group homes. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.255 Family day-care provider home.

“Family day-care provider home” means a child day-care provider who regularly provides child day-care for not more than 12 children in the provider’s home in the family living quarters. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.257 Farmer’s market.

“Farmer’s market” means a site used for the retail sale of homemade fresh agricultural products, grown either on or off site, but may include as incidental and accessory to the principal use the sale of factory-sealed or prepackaged food products, arts, crafts, plants, flowers and other nonfood items. This definition does not include the sale of animals. (Ord. 07-094 § 1).

14.98.260 Fence.

“Fence” means a wall or barrier erected for the purposes of enclosing space, marking boundaries, serving as an obstruction, or separating parcels of land, and which restricts vision. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.262 Fill.

“Fill” means any sand, gravel, earth, or other materials of any composition whatsoever placed or deposited by humans. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.264 Final approval.

“Final approval” means the final official action taken by the responsible city official, board or hearing body on the final plan, subdivision, or dedication or portion thereof, that has previously received preliminary approval. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.265 Final plat.

“Final plat” means the final drawing of the land division and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this title, and all other applicable codes and ordinances. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.270 Floor area, gross floor area.

“Floor area” or “gross floor area” means the plan area of a building, exclusive of porches and exterior stairs, multiplied by the number of floors, exclusive of basement. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.272 Foster home.

“Foster home” means a home licensed and regulated by the state and classified by the state as a foster home. (Ord. 07-094 § 1).

14.98.275 Frontage.

“Frontage” means that portion of a lot abutting on a public street and ordinarily regarded as the front of the lot. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.277 Garage, parking or commercial.

“Parking or commercial garage” means a building used for storage, repair or servicing of motor vehicles as a commercial use. (Ord. 07-094 § 1).

14.98.278 Garage, private.

“Private garage” means an accessory building or space within the principal building intended for use as storage of vehicles. (Ord. 07-094 § 1).

14.98.280 Governmental uses and structures.

“Governmental uses and structures” means buildings, structures and uses for municipal purposes including governmental office buildings; law enforcement and fire stations; courts of law; public libraries; public day-use parks and recreation facilities; public maintenance and storage facilities; and correction/detention facilities owned, operated and managed by public agencies. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.285 Grade.

“Grade” means the slope of a street specified in percentage terms. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.290 Group home.

“Group home” means a transitional group home which provides residentially oriented facilities for the rehabilitation or social adjustment of persons who need supervision or assistance in becoming socially reoriented, but who do not need institutional care. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.292 Halfway house.

“Halfway house” means a home for juvenile delinquents or adult offenders leaving correctional and/or mental institutions or rehabilitation centers for alcohol and/or drug users. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.294 Hazardous waste.

“Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70.105.010. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.295 Hazardous waste storage.

“Hazardous waste storage” means the holding of dangerous waste for a temporary period as regulated by State Dangerous Waste Regulations, Chapter 173-303 WAC. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.296 Hazardous waste treatment.

“Hazardous waste treatment” means the physical, chemical or biological processing of dangerous wastes to make them less dangerous, safer for transport, amenable for storage, or reduced in volume. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.297 Hazardous waste treatment/ storage facility, off-site.

“Hazardous waste treatment/storage facility, off-site” means those treatment and storage facilities which treat and store waste from generators on properties other than those on which the off-site facilities are located. These facilities must comply with the state siting criteria as adopted in accordance with RCW 70.105.210. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.298 Hazardous waste treatment/ storage facility, on-site.

“Hazardous waste treatment/storage facility, on-site” means those treatment and storage facilities that treat and store wastes generated on the same geographically contiguous or bordering property. These facilities must comply with the state siting criteria adopted in accordance with RCW 70.105.210. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.300 Hearing examiner.

“Hearing examiner” means that person appointed by the Rock Island city council, in accordance with the Rock Island Municipal Code. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.310 Home fruit stand.

“Home fruit stand” means a building or structure used for the seasonal sale of fresh fruit or vegetables, of which not less than 80 percent are grown on site. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.312 Home occupation.

“Home occupation” means a lawful occupation carried on entirely within a residence as a clearly secondary use involving the occupant(s) and conducted in such a manner as to not manifest any outward appearance or characteristic of a business in the ordinary meaning of the term. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.313 Home occupation – Type A.

“Home occupation – Type A” means a home occupation, as defined in RIMC 14.98.312, that does not involve customers coming and going from the residence, and within which only family members are employed. (Ord. 07-094 § 1).

14.98.314 Home occupation – Type B.

“Home occupation – Type B” means a home occupation, as defined in RIMC 14.98.312, that may involve customers coming and going from the residence, and within which one other person than family members may be employed. (Ord. 07-094 § 1).

14.98.315 Homeowner’s association.

“Homeowner’s association” means an incorporated nonprofit organization operating under recorded land agreements, including but not limited to CC&Rs, through which:

A. Each lot owner is automatically a member;

B. Each lot is automatically subject to a proportionate share of the expenses for the organization’s activities, such as maintaining commonly owned property; and

C. A charge, if unpaid, becomes a lien against the real property. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.316 Hotel.

“Hotel” means any building containing six or more guest rooms where lodging, with or without meals, is provided for compensation, where no provisions are made for cooking in any individual room or suite. (Ord. 07-094 § 1).

14.98.317 Impervious surface.

“Impervious surface” means any material or structure that prevents the natural absorption of water into the earth. (Ord. 07-094 § 1).

14.98.318 Improvements.

“Improvements” means the facilities and infrastructure of a land development, including but not limited to the streets, sidewalks, street lights, fire hydrants, stormwater facilities, sanitary sewer facilities, domestic water facilities, and other utilities and facilities required by this title to be constructed in conjunction with any particular land division, as approved by the necessary city departments. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.320 Industrial park.

“Industrial park” means land that has been planned, developed and operated as an integrated facility for a number of individual industrial users, with special attention given to transportation circulation, parking, utility needs, aesthetics and compatibility. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.325 Instructional child care/preschool.

“Instructional child care/preschool” means a place where prekindergarten children receive instruction that meets all state and local requirements to conduct such activity. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.330 Junk.

“Junk” means any storage or accumulation of inoperable motor vehicles or equipment, vehicle or equipment parts, used lumber and building materials, pipe, white goods, demolition waste, any used material, or any solid waste. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.340 Junkyard.

“Junkyard” means an area where any person is engaged in the breaking up, wrecking or dismantling of motor vehicles or equipment; handling, packing, baling, sorting, storing, distributing, buying or selling of any scrap, waste material, or junk including but not limited to scrap, metal, bones, rags, used cloth, used rubber, used rope, used bottles, old or used machinery, used tools, used appliances, used fixtures, used lumber, used pipe or pipe fittings, used tires or other used manufactured goods. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.350 Kennel, commercial.

“Kennel, commercial” means a facility for the care, boarding and/or training in exchange for compensation, or for breeding for profit, of four or more dogs, cats or small animals, excluding livestock and poultry, not less than four months of age. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.360 Kennel, hobby.

“Kennel, hobby” means a noncommercial kennel at or adjoining a dwelling unit where four or more dogs, cats, or small animals, excluding livestock and poultry, over four months of age are kept by their owner for hunting, training, exhibition, field work, working and/or obedience trials, or for enjoyment of the species. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.365 Land division.

“Land division” means the creation of any lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership, and is inclusive of all types of land divisions defined and described in the RIMC, including without limitation short subdivisions, major subdivisions, binding site plans and plat alterations. Land division includes the redivision of previously divided land. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.370 Legally subdivided.

“Legally subdivided” means land subdivided in accordance with the Rock Island Municipal Code or any applicable laws or regulations in force at the time of subdividing. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.380 Livestock.

“Livestock” means animals kept for use, propagation, or sale. Dogs, fish, house cats, and house pets, other than those with cloven hooves, are not considered livestock for the purpose of this title. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.383 Lot area.

“Lot area” means the total land space or area contained within the boundary lines of any lot, tract or parcel of land, exclusive of public and private rights-of-way, and may be expressed in square feet or acres. (Ord. 07-094 § 1).

14.98.384 Lot, corner.

“Lot, corner” means a lot situated at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot at an interior angle of less than 135 degrees. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.385 Lot depth.

“Lot depth” means the horizontal distance from the midpoint of the front property line to the midpoint of the rear property line. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.386 Lot, flag.

“Lot, flag” means a lot or parcel that the city has approved with less frontage on a public street than is generally required by this title. The panhandle or flag portion of the lot is an access corridor to lots or parcels located behind lots or parcels with normally required street frontage. Flag lots are not allowed. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.387 Lot frontage.

“Lot frontage” means the boundary of a lot which is along an existing or dedicated public street, or, where no public street exists, along a private road, easement or access way. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.388 Lot improvement.

“Lot improvement” means a physical betterment of real property, or any part of such betterment, including any building, structure, or improvement of land. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.390 Lot, parcel or tract.

“Lot, parcel or tract” means a designated parcel, tract or other area of land established by plat, subdivision or as otherwise permitted by law, intended to be occupied by a principal use or building and accessory buildings, together with all yards and open spaces required by this title. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.400 Lot line, front.

Any property line of a lot which abuts a public or private street or road other than an alley is considered the “front lot line.” Corner lots, or lots bounded by more than one public or private street, shall be considered to have two front lot lines. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.410 Lot line, rear.

“Lot line, rear” means the property line that is most opposite or most distant from the designated front lot line, and does not intersect any front lot line. Corner lots with two front yards must designate one rear lot line, maintaining the applicable rear yard setback set forth in this title. The remaining lot line will be the side lot line. In the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.420 Lot line, side.

“Lot line, side” means any lot line that is not a front or rear lot line, or any lot line that intersects a front lot line. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.430 Lot width.

“Lot width” means the horizontal distance, measured at right angles, between the side lot lines, as measured at the front lot line, except where enumerated elsewhere in this title. Corner lots shall be measured at right angles from each front yard lot line to the opposing lot line. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.440 Manufactured home.

“Manufactured home” means a structure constructed after June 15, 1976, and in accordance with the U.S. Department of Housing and Urban Development (HUD) requirements for manufactured housing, bearing the appropriate insignia indicating such compliance, and designed primarily for residential occupancy by human beings. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.442 Manufactured home, designated.

“Designated manufactured home” means a manufactured home that meets the following:

A. Is comprised of at least two fully enclosed parallel sections, each of which is not less than 12 feet wide by 36 feet long;

B. Was originally constructed with and now has a composition or wood shake or shingle, coated metal or similar roof of not less than 3:12 pitch; and

C. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences. (Ord. 07-094 § 1).

14.98.445 Manufactured home park.

“Manufactured home park” means a lot, parcel or tract of land, improved or unimproved, occupied or designed to be occupied by three or more manufactured/mobile homes, used for permanent dwelling or sleeping purposes, on a rent or lease basis and operated as a single development. The term “manufactured home park” does not include dependent care housing authorized by Chapter 17.50 RIMC. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.447 Meander line.

“Meander line” means a line along a body of water intended to be used solely as a reference for surveying. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.448 Medical, dental clinic.

“Medical, dental clinic” means an establishment for treatment of outpatients, and providing no overnight care for patients. (Ord. 07-094 § 1).

14.98.450 Meeting hall.

“Meeting hall” means a building primarily designed or used for public assembly by various groups, service organizations, or clubs. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.455 Micro-brewery/winery.

“Micro-brewery/winery” means a plant where beer and/or wine are annually produced on a scale of 250,000 gallons or less. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.460 Mineral extraction.

“Mineral extraction” means the removal of topsoil, gravel, rock, clay, sand or other earth material and includes accessory activities such as washing, sorting, screening, crushing and stockpiling. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.465 Mini-day-care center.

“Mini-day-care center” means a person or agency providing care during part of the 24-hour day to 12 or fewer children in a facility other than the family abode of the person or persons under whose direct care the children are placed, as defined in RCW 35.63.170 as amended by RCW 35A.63.215 as now exists or as may be hereafter amended. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.467 Mini-storage.

“Mini-storage” means a building(s) or site used for temporary indoor or outdoor storage on a commercial basis (excluding the storage of hazardous materials and waste). (Ord. 07-094 § 1).

14.98.470 Mitigation.

“Mitigation” means a means of minimizing the effects of an action. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.472 Mobile home.

A structure, constructed before June 15, 1976, that is transportable in one or more sections that are eight feet or more in width and 32 feet or more in length, built on a permanent chassis, designed to be used as a permanent dwelling and bearing the “Mobile Home” insignia of the Washington State Department of Labor and Industries, commonly referred to as a single wide. (Ord. 07-094 § 1).

14.98.473 Model home.

“Model home” means a dwelling unit used initially for display purposes which typifies the type of units that will be constructed in a subdivision. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.475 Modular dwelling.

“Modular dwelling” means a residential structure that is constructed in a factory, in accordance with applicable building codes and bearing the appropriate insignia indicating such compliance, transported to the building site in modules and assembled on-site on a permanent foundation. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.477 Monument, permanent control.

“Monument, permanent control” means a five-eighths-inch rebar, one-inch iron pipe or a brass or aluminum cap set in a concrete collar with the surveyor’s name and professional license number. If brass or aluminum caps are used, a piece of iron scrap shall be embedded in the concrete collar for magnetic detection. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.478 Motel.

“Motel” means a building containing units which are used as individual sleeping units having their own private toilet facilities and sometimes their own kitchen facilities, designed primarily for the accommodation of transient automobile travelers. Accommodations for trailers are not included. (Ord. 07-094 § 1).

14.98.480 Multifamily dwelling.

“Multifamily dwelling” means a structure containing three or more attached dwelling units on one lot. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.490 Multiple-building complex.

“Multiple-building complex” means a group of structures, or a single structure, with dividing walls and separate entrances for each business, housing at least two retail, wholesale or service businesses, and/or independent or separate parts of a business, which share the same lot, access and/or parking facilities. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.495 Municipal buildings.

“Municipal buildings” means structures used to house the general operations of a municipal government, including city halls, county courthouses, etc. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.496 Municipal shop/maintenance building.

“Municipal shop/maintenance building” means a structure used to house the public works/maintenance function of a municipal government, including storage, repair and maintenance of heavy equipment, vehicles, construction materials, etc. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.498 Nonconforming building or structure.

“Nonconforming building or structure” means a building, structure, or portion thereof that was legally in existence, either constructed or altered prior to the effective date of the ordinance codified in this code, which does not conform with the requirements of this code. (Ord. 07-094 § 1).

14.98.499 Nonconforming lot.

“Nonconforming lot” means a parcel of land, in separate ownership, and of record prior to the effective date of the ordinance codified in this code, which does not conform with the dimensional or area requirements of this code. (Ord. 07-094 § 1).

14.98.500 Nonconforming use.

“Nonconforming use” means a lot, use, building or structure which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.504 Nursing or convalescent home.

“Nursing or convalescent home” means an establishment licensed by the state of Washington which provides full-time care for three or more chronically ill, aged or infirm persons. Such care shall not include surgical, obstetrical or acute illness services which are customarily provided in hospitals. (Ord. 07-094 § 1).

14.98.506 Nursery, greenhouse.

“Nursery, greenhouse” means a facility, structure or use of land for the commercial production of bedding plants, street stock or associated horticultural products. (Ord. 07-094 § 1).

14.98.510 Off-street parking space.

“Off-street parking space” means a space not less than nine feet in width by 18 feet in length reserved for the parking of vehicles, together with an area provided for reasonable access to the space and adequate additional space for driving a vehicle into and out from each such space or stall. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.513 Open space.

“Open space” means that portion of a lot or parcel not developed or built upon or occupied by buildings, parking areas, driveways and the like other than minimal appurtenances such as walkways and recreational facilities designed and intended to make such open space usable and accessible, and for the persons for whom the space is intended. (Ord. 07-094 § 1).

14.98.515 Owner.

“Owner” means any person, group of persons, firm or firms, corporation or corporations, or any legal entity having legal title to or sufficient proprietary interest in the land proposed to be subdivided. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.520 Parent parcel.

“Parent parcel” means a lot (tract or parcel) which exists as of the date of adoption of this title, out of which a land division is proposed or occurs. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.522 Parking area.

“Parking area” means an open area, other than a street or alley, which contains one or more parking spaces and the aisles which provide access to such spaces. (Ord. 07-094 § 1).

14.98.523 Parking, off-street.

“Parking, offstreet” means an area devoted to the parking of vehicles and located within the boundaries of a lot. (Ord. 07-094 § 1).

14.98.524 Parking space/stall.

“Parking space/stall” means an area set aside, permanently reserved and maintained for the parking of one motor vehicle outside of a public street right-of-way and outside of required front yard setbacks, unless otherwise provided for in this title. (Ord. 07-094 § 1).

14.98.525 Person.

“Person” means any person, firm, business, corporation, partnership or other associations or organization, marital community, municipal corporation, or governmental agency. (Ord. 07-094 § 1).

14.98.526 Person with functional disabilities.

“Person with functional disabilities” means:

A. A person who, because of a recognized chronic physical or mental condition or disease, is functionally disabled to the extent of:

1. Needing care, supervision or monitoring to perform activities of daily living or instrumental activities of daily living; or

2. Needing support to ameliorate or compensate for the effects of the functional disability so as to lead as independent a life as possible; or

3. Having a physical or mental impairment which substantially limits one or more of such person’s major life activities; or

4. Having a record of having such an impairment; and

B. A person being regarded as having such an impairment, but such term does not include current, illegal use of or active addiction to a controlled substance. (Ord. 07-094 § 1).

14.98.527 Plat.

“Plat” means a map or representation of a land division showing the general division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications. (Ord. 07-094 § 1; Ord. 01-062 § 1. Formerly 14.98.525).

14.98.528 Plat administrator or administrator.

“Plat administrator” or “administrator” means and refers to the mayor, his or her designee, or any other official appointed in writing by the mayor to be responsible for the administration and enforcement of this title. (Ord. 07-094 § 1; Ord. 01-062 § 1. Formerly 14.98.526).

14.98.530 Poultry.

“Poultry” means chickens, ducks, geese, rabbits or other domesticated fowl. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.533 Preliminary approval.

“Preliminary approval” means the final action of the city granting approval to a land division, subject to applicable conditions which must be fully satisfied prior to final plat approval. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.535 Preliminary plat.

“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, restrictive covenants and other elements of a subdivision consistent with the requirements of this title and Chapter 58.17 RCW as now exists or as may hereafter be amended, which shall furnish a basis for the approval or disapproval of the general layout of the subdivision. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.540 Primary use.

“Primary use” means a specific and primary purpose for which land, a building or structure is, or may be, occupied, arranged, designed, intended or maintained. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.545 Prior division of land.

“Prior division of land” means any of the following:

A. A division initiated by sale, lease, transfer or option contract executed prior to the date of adoption of the ordinance codified in this title, which presently remains a binding and enforceable commitment as between the parties thereto, their successors, or assigns. If the applicable instrument does not specifically designate separated units of property but does describe separate and defined lots, tracts, parcels, sites or divisions of land which are contiguous, they shall constitute prior division of land; providing, that any division executed prior to the effective date of the ordinance codified in this title was in full and complete compliance with the then-applicable subdivision ordinances and laws of the state of Washington;

B. A taxation parcel of any size which is surrounded by prior divisions of land as defined by subsection A of this section;

C. A taxation parcel of any size which was created prior to the date of adoption of the ordinance codified in this title for the purpose of creating divisions of land which were exempt from platting requirements. Taxation parcels which were administratively created by the assessor’s office solely for tax purposes include senior citizen segregations administratively effected by one other than the landowner or agent, and segregations for tax exemption purposes. Such segregations for taxation purposes are not considered to be prior divisions of land for purposes of this title;

D. A taxation parcel created in the assessor’s office for description purposes because of section lines if it conforms with zoning lot size and width requirements in effect at the time of application for exemption;

E. A division of land created by a public right-of-way traversing the land. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.550 Professional services.

“Professional services” means services that cater to both individuals and businesses, and provide professional advice and/or services, including, but not limited to, architects, designers, engineers, lawyers, health care providers and other similar services. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.560 Prohibited use.

“Prohibited use” means a use not specifically enumerated as a permitted use, accessory use, conditional use or nonconforming use. Prohibited uses include, but are not limited to, the enumerated prohibited uses within the Rock Island Municipal Code. (Ord. 07-094 § 1; Ord. 99-026 § 1).

14.98.562 Proof of ownership.

“Proof of ownership” means a photocopy of a recorded deed to property and/or a current title insurance policy insuring the status of an applicant as the owner in fee title to real property.

Where proof of ownership is required by this title, the director shall have the discretion to require a current title insurance policy. (Ord. 07-094 § 1; Ord. 01-062 § 1. Formerly 14.98.563).

14.98.563 Property line.

“Property line” means a line bounding and indicating the ownership, or intended ownership, of a parcel of land. (Ord. 07-094 § 1).

14.98.564 Recreational facilities.

“Recreational facilities” means a structure or use designed to provide indoor or outdoor recreation opportunities for the public. (Ord. 07-094 § 1).

14.98.565 Recreational vehicle.

“Recreational vehicle” means a vehicular-type unit primarily designed as a temporary living quarters for recreational, camping or travel use, with or without motor power, of such size and weight as not to require special highway movement permit and certified by the Washington Department of Labor and Industries as evidenced by the attachment of a “green” seal. (Ord. 07-094 § 1).

14.98.566 Recreational vehicle or trailer parks.

“Recreational vehicle or trailer parks” means an area established for the overnight parking on a temporary basis of recreational vehicles. Any or all of the following amenities could be provided: electricity, water, and waste disposal connections, public restrooms and baths, snack bar, commercial facilities for convenience items, picnic area. (Ord. 07-094 § 1).

14.98.567 Recycling center.

“Recycling center” means a facility where discarded recyclable products such as aluminum and tin cans, glass, paper, and other similar individual consumer products are deposited and stored for future reprocessing. (Excluding drop stations.) (Ord. 07-094 § 1).

14.98.568 Required improvement.

“Required improvement” means and includes, but is not limited to, any drainage system, roadway, signs, sidewalk, parks, open space, community facilities, lot improvement, sewer or water system, fire protection, or other facility for which the city’s responsibility is already established. (Ord. 07-094 § 1; Ord. 01-062 § 1. Formerly 14.98.565).

14.98.569 Retail trade or services.

“Retail trade or services” means those uses primarily engaged in the sale of goods or merchandise to the general public for personal, household, or business consumption, including but not limited to hardware, grocery, apparel, home improvement, food service, appliance, and electronics stores. (Ord. 07-094 § 1; Ord. 99-026 § 1. Formerly 14.98.567).

14.98.570 Rezone.

“Rezone” means a change in classification from one zoning district to another. (Ord. 07-094 § 1).

14.98.571 Right-of-way.

“Right-of-way” means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road or alley, utility line, water or sewer main, shade trees or other similar uses, whether improved or not improved. (Ord. 07-094 § 1; Ord. 01-062 § 1. Formerly 14.98.570).

14.98.572 Roadway.

“Roadway” means that portion of an approved street intended for the accommodation of vehicular traffic generally between curb lines on an improved surface. (Ord. 07-094 § 1; Ord. 01-062 § 1. Formerly 14.98.571).

14.98.573 Screen, screening.

“Screen, screening” means a continuous fence, hedge or combination of both which obscures vision through 80 percent or more of the screen area, not including drives or walkways. (Ord. 07-094 § 1).

14.98.575 Service station.

“Service station” means a place used for the repair, servicing and/or supplying of gasoline and oil for motor vehicles. (Ord. 07-094 § 1).

14.98.577 Setback.

“Setback” means the minimum distance required by this title for buildings to be set back from the street, side or rear lines, rights-of-way or access easements. (Ord. 07-094 § 1).

14.98.578 Setback area.

“Setback area” means the lot area between the lot lines and the setback lines. (Ord. 07-094 § 1).

14.98.579 Setback line.

“Setback line” means a line which is parallel to a lot line or access easement located at the distance required by the setback. (Ord. 07-094 § 1).

14.98.580 Short plat.

“Short plat” means a neat and accurate drawing of a short subdivision, prepared for filing for record with the county assessor, and containing all elements and requirements as set forth by this title. (Ord. 07-094 § 1; Ord. 01-062 § 1. Formerly 14.98.572).

14.98.582 Sign.

“Sign” means an identification, description, illustration, or device which is affixed to or represented, directly or indirectly, upon a structure or land, and which directs attention to a product, place, activity, person, institution, business or profession. (Ord. 07-094 § 1; Ord. 99-026 § 1. Formerly 14.98.573).

14.98.584 Sketch plat.

“Sketch plat” means a sketch preparatory to the preparation of a preliminary plat. (Ord. 07-094 § 1; Ord. 01-062 § 1. Formerly 14.98.574).

14.98.585 Storage.

“Storage” means the act or state of storing; especially, the safekeeping of goods in a depository. (Ord. 07-094 § 1).

14.98.586 Storage facility.

“Storage facility” means either enclosed or outdoor areas designed for storage of either large quantities of materials or materials of large size. This includes personal storage as well as commercial storage facilities but excludes storage of hazardous materials and waste. (Ord. 07-094 § 1).

14.98.587 Street, dead end.

“Street, dead end” means a street or portion thereof with only one vehicular traffic outlet. (Ord. 07-094 § 1; Ord. 01-062 § 1. Formerly 14.98.575).

14.98.588 Street, developed.

“Street, developed” means a right-of-way developed to the minimum standards established by the city. (Ord. 07-094 § 1; Ord. 01-062 § 1. Formerly 14.98.576).

14.98.590 Street, private or private access street.

“Street, private” or “street, private access” means every way or place in private ownership that is not deeded to the city and which is used for travel of vehicles by the owner or those persons having express or implied permission by the owner, but not by other persons, providing primary access from a public right-of-way to a lot, parcel or tract of land. Such private streets are generally delineated and designated by a private easement, they are not maintained by the city or any other public agency (government unit), and they shall meet the applicable requirements of this title. (Ord. 07-094 § 1; Ord. 01-062 § 1. Formerly 14.98.577).

14.98.592 Street, public.

“Street, public” means an approved street, whether improved or unimproved, held in public ownership or control (either through deed or easement conveyance) and intended to be open as a matter of right to public vehicular travel. (Ord. 07-094 § 1; Ord. 01-062 § 1. Formerly 14.98.578).

14.98.594 Street, undeveloped or substandard.

“Street, undeveloped” or “street, substandard” means a right-of-way not developed to the minimum standards established by the city. (Ord. 07-094 § 1; Ord. 01-062 § 1. Formerly 14.98.579).

14.98.596 Structure.

“Structure” means a combination of materials to form a construction for use, occupancy or ornamentation whether installed on, above or below the surface of land or water, but shall not include residential fences, retaining walls less than three feet in height, and similar improvements of a minor character. (Ord. 07-094 § 1; Ord. 99-026 § 1. Formerly 14.98.580).

14.98.598 Subdivider, platter or project proponent.

“Subdivider,” “platter” or “project proponent” means any person, firm, or corporation undertaking the division or redivision of a lot, block, or other parcel of land. (Ord. 07-094 § 1; Ord. 01-062 § 1. Formerly 14.98.582).

14.98.600 Subdivision, major.

“Subdivision” or “major subdivision” means the division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership. (Ord. 07-094 § 1; Ord. 01-062 § 1. Formerly 14.98.583).

14.98.602 Subdivision, phased.

“Subdivision, phased” means a subdivision which is developed in increments over a period of time, pursuant to RCW 58.17.140 and this title. (Ord. 07-094 § 1; Ord. 01-062 § 1. Formerly 14.98.584).

14.98.604 Subdivision, short.

“Subdivision, short” means the division or redivision of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. (Ord. 07-094 § 1; Ord. 01-062 § 1. Formerly 14.98.585).

14.98.610 Temporary building or structure.

“Temporary building or structure” means a building or structure not having or requiring permanent attachment to the ground or to other structures that have no required permanent attachment to the ground. (Ord. 07-094 § 1).

14.98.613 Temporary use.

“Temporary use” means a use located on a lot, for a period not to exceed six months, with the intent to discontinue such use after the time period expires. (Ord. 07-094 § 1; Ord. 99-026 § 1. Formerly 14.98.590).

14.98.615 Trade/vocational school.

“Trade/vocational school” means a school for educating, training or retraining persons in a trade, vocation or other technical field. (Ord. 07-094 § 1; Ord. 01-062 § 1. Formerly 14.98.595).

14.98.617 Travel trailer.

“Travel trailer” means a portable structure built on a chassis designed to be used as a temporary dwelling for travel and recreational purposes, having a body width of eight feet or less or a body length of 35 feet or less. (Ord. 07-094 § 1).

14.98.620 Urban growth area.

“Urban growth area” means an area which is characterized by urban-type growth, and is further delineated by the comprehensive plan and supporting maps adopted by Douglas County. (Ord. 07-094 § 1; Ord. 99-026 § 1. Formerly 14.98.600).

14.98.622 Use.

“Use” means the purpose which land or structures now serve or for which it is occupied, maintained, arranged, designed or intended. (Ord. 07-094 § 1).

14.98.630 Variance.

“Variance” means a modification of the regulations because of the unusual nature, shape, exceptional topographic conditions, or extraordinary situation or conditions connected with a specific piece of property, where the literal enforcement of this code would pose undue hardship unnecessary in carrying out the spirit of this code. (Ord. 07-094 § 1).

14.98.635 Vehicle.

“Vehicle” means any car, truck, recreational vehicle or other means of transportation of people and goods. (Ord. 07-094 § 1; Ord. 99-026 § 1. Formerly 14.98.610).

14.98.640 Warehouse.

“Warehouse” means a structure used for the storage of goods and materials. (Ord. 07-094 § 1).

14.98.645 Wrecking/junk yard.

“Wrecking/junk yard” means an area in which is conducted the dismantling and/or wrecking of used motor vehicles, machinery or trailers, or the storage or sale of dismantled, obsolete or wrecked vehicles or parts, or the storage of motor vehicles unable to be moved under the power of the vehicle. (Ord. 07-094 § 1).

14.98.650 Yard.

“Yard” means an open space on a lot which is unobstructed from the ground upward, except as otherwise provided elsewhere in this title. The term “yard” is synonymous with setback. (Ord. 07-094 § 1; Ord. 99-026 § 1. Formerly 14.98.620).

14.98.652 Yard, front.

“Yard, front” means a yard that extends across the full width of a lot lying between the front property line and the front building setback line measured horizontally and perpendicularly from the front lot line. On through lots, a front yard shall be maintained on both street frontages. On corner lots, front yards shall be maintained on both street frontages for the lots’ full width and depth. (Ord. 07-094 § 1; Ord. 99-026 § 1. Formerly 14.98.630).

14.98.654 Yard, rear.

“Yard, rear” means a yard that extends across the full width of a lot lying between the rear property line and the rear building setback line measured horizontally and perpendicularly from the rear lot line. Rear yards shall be at the opposite end of a lot from the front yard. On corner lots, only one rear yard is required and can be opposite either front yard. (Ord. 07-094 § 1; Ord. 99-026 § 1. Formerly 14.98.640).

14.98.656 Yard, side.

“Yard, side” means a yard that extends from the front yard to the rear yard between the side lot line and the side building setback line measured horizontally and perpendicularly from the side lot line. (Ord. 07-094 § 1; Ord. 99-026 § 1. Formerly 14.98.650).

14.98.657 Yard sale.

“Yard sale” means an outdoor sale of used or unwanted personal or household items held on the seller’s premises. (Ord. 07-094 § 1).

14.98.660 Zoning or zoning code.

“Zoning” or “zoning code” refers to the city of Rock Island zoning code. With regard to zoning-related matters such as lot size, etc., all regulations of this code must be consistent with the zoning code, as currently exists or hereafter may be amended. (Ord. 07-094 § 1; Ord. 01-062 § 1).

14.98.662 Zone district.

“Zone district” means a defined area of the town within which the use of land is regulated and certain uses permitted and other uses excluded as set forth in this title. (Ord. 07-094 § 1).

14.98.664 Zoning envelope.

“Zoning envelope” means the three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks and other bulk regulations. (Ord. 07-094 § 1).

14.98.665 Zoning map.

“Zoning map” means the map delineating the boundaries of districts that, along with the zoning text of this code, comprise the zoning ordinance of the city. (Ord. 07-094 § 1).