Chapter 15.08
DEFINITIONS

Sections:

15.08.001    Definitions.

15.08.005    Accepted Agricultural Management Practices.

15.08.010    Access.

15.08.015    Accessory Apartment.

15.08.020    Accessory Structure, Use or Building.

15.08.025    Administrative Official.

15.08.027    Adult Entertainment Facility.

15.08.030    Agricultural Building.

15.08.035    Agricultural Land.

15.08.040    Agricultural Market.

15.08.045    Agricultural Service Establishment.

15.08.050    Agricultural Stand.

15.08.053    Agricultural Tourist Operation.

15.08.055    Agriculturally Related Industry.

15.08.060    Agriculture.

15.08.065    Airport or Landing Field.

15.08.070    Airport – Special Definitions.

15.08.075    Allowable Use Permit, Historic Landmark.

15.08.077    Amateur Radio Antenna and Support Structure.

15.08.080    Amendment.

15.08.083    Anemometer.

15.08.085    Animal Feeding Operation (AFO).

15.08.090    Animal Feeding Operation, Concentrated (CAFO).

15.08.095    Antique Store.

15.08.100    Apartment.

15.08.105    Aquaculture.

15.08.110    Automotive Service Station.

15.08.115    Automobile, Truck and/or Trailer Sales Area.

15.08.120    Automobile Wrecking, Dismantling, Salvage or Junkyard.

15.08.125    Bed and Breakfast Inn.

15.08.130    Board.

15.08.135    Boarding or Lodging House.

15.08.137    Brewery, Domestic.

15.08.138    Brewery, Micro.

15.08.140    Building.

15.08.145    Building Height.

15.08.150    Building Official.

15.08.155    Camp.

15.08.160    Campground.

15.08.165    Camping or Recreational Vehicle.

15.08.170    Cluster Development.

15.08.175    Communication Tower.

15.08.178    Community Youth Center.

15.08.180    Convenience Store.

15.08.185    County Engineer.

15.08.190    Crisis Residential Facility.

15.08.195    Dangerous Waste.

15.08.200    Day Care Center, Child.

15.08.205    Density.

15.08.206    Distillery, Craft.

15.08.207    Distillery.

15.08.209    Drive-Through Food and Beverage Vendor.

15.08.210    Dwelling.

15.08.215    Dwelling, Accessory Farm.

15.08.220    Dwelling, Multi-Family.

15.08.225    Dwelling, Single-Family.

15.08.230    Dwelling, Two-Family.

15.08.235    Dwelling Unit.

15.08.240    Especially Sensitive Land Uses.

15.08.245    Family.

15.08.250    Family Home Services.

15.08.255    Farm Labor Center.

15.08.260    Farm Labor Shelter.

15.08.265    Feedlot.

15.08.270    Flea Market.

15.08.275    Forest Industries.

15.08.280    Fraternal Organizations, Lodges and Clubs.

15.08.285    Garage.

15.08.288    Guest Ranch.

15.08.290    Halfway House.

15.08.295    Hazardous Waste.

15.08.300    Health care Facilities.

15.08.305    Hearing Examiner.

15.08.310    Home Occupation, Minor.

15.08.315    Home Occupation, Major.

15.08.320    Hotel.

15.08.325    Impervious Surface.

15.08.328    Industrial Development, Major.

15.08.330    Irrigation and/or Drainage Facilities.

15.08.335    Kennel.

15.08.340    Landscaping.

15.08.343    Livestock Event Facility.

15.08.345    Lot.

15.08.350    Lot, Corner.

15.08.355    Lot, Inside or Interior.

15.08.360    Lot, Through.

15.08.365    Lot Area.

15.08.370    Lot Coverage.

15.08.375    Lot Depth.

15.08.380    Lot Line, Front.

15.08.385    Lot Line, Rear.

15.08.390    Lot Line, Side.

15.08.395    Lot Width.

15.08.400    Manufactured Home.

15.08.405    Marina.

15.08.408    Master Planned Resort.

15.08.410    Mineral Batching.

15.08.415    Mineral Processing.

15.08.420    Mineral Resources.

15.08.425    Mining Site/Operation.

15.08.430    Mobile Home.

15.08.435    Mobile or Manufactured Home Park.

15.08.440    Modular Home.

15.08.445    Motel.

15.08.449    Nonagricultural Use.

15.08.450    Nonconforming Building or Structure.

15.08.455    Nonconforming Lot.

15.08.460    Nonconforming Use.

15.08.465    Occupied.

15.08.466    Off-Road Vehicle.

15.08.470    Off-Road Vehicle Recreation Facilities.

15.08.475    Open Space.

15.08.480    Outdoor Commercial Amusements.

15.08.485    Outdoor Living Area.

15.08.490    Overnight Lodging Facility.

15.08.492    Park.

15.08.495    Park Model.

15.08.500    Party of Record.

15.08.502    Personal Wind Energy Tower.

15.08.505    Public Buildings and Uses.

15.08.510    Public Facilities.

15.08.515    Public Nuisance.

15.08.520    Recycling Center.

15.08.525    Refuse Landfill.

15.08.530    Residential Care Facility.

15.08.535    Resource Lands.

15.08.540    Retirement Home.

15.08.545    Reviewing Official.

15.08.550    RV Park.

15.08.555    Second Hand Store.

15.08.560    Setback.

15.08.565    Sign.

15.08.570    Solid Waste Drop Box Site.

15.08.575    Solid Waste Transfer Station.

15.08.580    Storage Facilities, Bulk.

15.08.585    Storage Facilities, Commercial.

15.08.590    Storage Facilities, Residential (Mini).

15.08.595    Structural Alterations.

15.08.600    Structure.

15.08.605    Technical Equipment.

15.08.610    Towing Services.

15.08.615    Transportation Brokerage Offices.

15.08.620    Urban Growth Area.

15.08.625    Use.

15.08.630    Utility Services.

15.08.635    Variance.

15.08.640    Vehicle Storage

15.08.645    Waste Material Processing and Junk Handling.

15.08.650    Wastewater Sprayfield.

15.08.655    Wholesale Trade.

15.08.657    Winery, Basic.

15.08.659    Winery.

15.08.660    Yard.

15.08.665    Yard, Front.

15.08.670    Yard, Rear.

15.08.675    Yard, Side.

15.08.680    Yard Sale.

15.08.685    Zoning District.

15.08.001 Definitions.

The words and terms used in this title shall have the meaning set forth in this chapter. Unless otherwise specifically defined below or by other relevant Yakima County plan, code, ordinance, resolution, Washington Administrative Code or statute, words or terms used in this chapter shall be given their commonly understood dictionary meaning.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

A

15.08.005 Accepted Agricultural Management Practices.

“Accepted agricultural management practices” means a mode of operation that is common to farms of a similar nature, necessary for the operation of such farms to obtain farm income and customarily utilized in conjunction with agricultural use. This definition specifically includes new modes of operation or technology for conducting commercial agriculture.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.010 Access.

“Access” means a legally available and physically practical area for the perpetual use of motor vehicle ingress and egress to a lot. In determining practicality, the topography, drainage, potential for erosion, underlying ownership and other factors may be considered.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.015 Accessory Apartment.

“Accessory apartment” means a second dwelling unit not to exceed 800 square feet, created within an owner-occupied, site-built single family dwelling or its accessory garage, for use as an independent or semi-independent unit with provisions for cooking, eating, sanitation and sleeping.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.020 Accessory Structure, Use or Building.

“Accessory structure, use or building” 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. (See also Section 15.12.015(7).)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.025 Administrative Official.

“Administrative official” means the duly appointed Yakima County Planning Director or designee. Synonymous with “director” or “administrator”.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.027 Adult Entertainment Facility.

“Adult entertainment facility” means an adult cabaret, adult motion picture theater, adult retail store, or a commercial establishment that includes an adult sales practice as those terms are defined in the adult entertainment licensing provisions in YCC Chapter 5.06. Adult arcades as defined in YCC Chapter 5.06 are expressly prohibited by this title.

(Ord. 8-2010 § 2 (part), 2011).

15.08.030 Agricultural Building.

“Agricultural building” means a structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other agricultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.035 Agricultural Land.

“Agricultural land” means land primarily or historically devoted to the commercial production of horticultural, agronomic, or specialty crops, as well as apiary and animal production. This definition also includes range lands and fallow lands.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.040 Agricultural Market.

“Agricultural market” means a use primarily engaged in the retail sale of 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 and some limited non-food items. This definition does not include the sale of livestock.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.045 Agricultural Service Establishment.

“Agricultural service establishment” means those uses specifically engaged in performing agricultural or horticultural services on a fee or contract basis, including but not limited to the following:

(1)    Crop dusting and spraying services;

(2)    Harvesting and plowing services;

(3)    Agricultural land grading services;

(4)    Farm equipment service and repair;

(5)    Large animal veterinary services;

(6)    Agricultural fertilizer and chemical product application services.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.050 Agricultural Stand.

“Agricultural stand” means a structure, or portion thereof, up to 1,000 square feet in area used for the retail sale of agricultural and related incidental products, excluding livestock, primarily grown on the premises.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.053 Agricultural Tourist Operation.

“Agricultural tourist operation” refers to a working farm or any agricultural, horticultural, or agribusiness operation that is open to the public for the purpose of enjoyment, education, or active involvement in the activities of the farm or operation. The retail sale of agricultural related products, grown or produced on site, is considered accessory and subordinate to the agricultural operation.

(1)    “Retail Agricultural Tourist Operation” is one that may include eating and food preparation facilities along with a Bed and Breakfast Inn, Boarding House, and/or event facilities for seminars or other small local social gatherings up to 1,500 square feet indoors and outdoors. Meals shall only be served to guests taking lodging or attending events.

(2)    “Destination Agricultural Tourist Operation” is one that may include overnight lodging facilities for 12 or fewer units, and/or event facilities for seminars, small weddings and other social gatherings not to exceed 7,500 square feet indoors and outdoors.

(3)    “Resort Agricultural Tourist Operation” is one that consists of an assortment of uses over and above any uses associated with a basic, retail or destination level operation. These accessory uses can be anything of a resort nature that enhances the tourist related experience, including but not limited to greater than 12 overnight units, and/or event facilities for seminars, small weddings and other social gatherings exceeding 7,500 square feet indoors and outdoors, and RV accommodations. A Resort Winery or Agricultural Tourist Operation is reviewed under the Master Planned Resort (MPR) provisions of the zoning ordinance.

(Ord. 13-2010 § 3A (part), 2010: Ord. 15-2007 § 3(C) (part), 2007).

15.08.055 Agriculturally Related Industry.

“Agriculturally related industry” means those industrial uses directly related to the packaging, processing, storage, or physical or chemical alteration of the agricultural product. Such industries include, but are not limited to: cold storage plants, controlled atmosphere, produce packing and processing facilities.

(Ord. 13-2010 § 3A (part), 2010: Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.060 Agriculture.

“Agriculture” means the tilling of the soil, the raising of crops, the gathering and harvesting of native plants, horticulture, viticulture, floriculture, apiary, livestock farming, dairying, animal feeding operations, animal husbandry, composting associated with the primary agricultural use, land application of soil amendments or agricultural waste at agronomic rates, and farm oriented storage for commercial value. Synonymous with farming or ranching.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.065 Airport or Landing Field.

“Airport or landing field” means any area of land or water used or intended to be used for the landing and taking off of aircraft. Hangars and other appurtenant buildings, storage areas and open spaces necessary for airport operation are also included within this definition.

“Landing field” means a geographic area that is designed or occasionally utilized for aircraft operations, but is not primarily used for aviation related activities.

Airports and landing fields are further defined as follows:

(1)    Personal Use. A facility with a limited number of privately owned aircraft for the personal use of the owner or tenant of the site, with no commercial operations other than crop dusting.

(2)    Restricted Use. A facility with exclusive rights of use reserved to the owner for personal or commercial use. This shall include owners or tenants of a planned development zoning district, industry or institution.

(3)    Public Use. Any facility available for public use.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.070 Airport – Special Definitions.

The following are terms are established for the purpose of protecting the airspace of regulated airports (See also Chapter 15.55):

(1)    Hazard to Air Navigation: An official determination by the FAA that an airspace obstruction constitutes a hazard to air navigation. The FAA determination that an airspace obstruction does not constitute a “hazard to air navigation” under federal regulations does not prevent the reviewing official from determining that it is an airspace hazard or potentially incompatible land use under this title.

(2)    Airspace Hazard: Any structure, tree, or use of land which compromises public safety or obstructs the airspace required for the safe operation of aircraft in or around an airport, as determined by the reviewing official under this title.

(3)    Established Airport Elevation: The highest point of an airport’s usable landing area, measured in feet above mean sea level.

(4)    Airspace Obstruction: Any structure, tree, land mass, smoke or steam or use of land which penetrates the primary, approach, transitional, horizontal or conical surface of an airport as defined by Federal Aviation Regulation (FAR), Part 77.

(5)    Civil Airport Imaginary Surfaces: The imaginary airspace (primary, approach, transitional, horizontal and conical surfaces) designated by the Federal Aviation Administration and as defined by FAR, Part 77.

(6)    Avigation Easement: Easement granted for the free and unobstructed use and passage of aircraft over, across, and through the airspace above, or in the vicinity of property.

(7)    Runway Protection Zone(s): A trapezoidal area representing the ground level at the innermost portion of the runway approach as defined in the respective airport master plan.

(8)    Potentially Incompatible Land Uses: Land uses deemed potentially incompatible within the airport safety overlay include:

(a)    Those land uses located in the primary airport safety overlay, being an area bounded by the limits of the approach surface and the transitional surface within the conical surface area, that are of such intensity as to potentially endanger public health, safety or welfare. Such uses include manufactured or mobile home parks, schools, places of public assembly, and multi-family residential uses;

(b)    Those land uses within the primary or secondary airport safety overlay constituting airspace hazards, as determined by the reviewing official.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.075 Allowable Use Permit, Historic Landmark.

“Allowable use permit, historic landmark” means a use not presently listed within the zoning district as a Type I, II or III use that will encourage and facilitate the preservation, rehabilitation or adaptive use of a historic landmark.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.077 Amateur Radio Antenna and Support Structure.

“Amateur radio antenna and support structure” means any device for receiving or transmitting radio frequency signals, including any tower, pole, mast, tree, or guy wire, used to support an amateur radio antenna. (See 15.18.030(22)).

(Ord. 10-2009 § 2(A) (part), 2010).

15.08.080 Amendment.

“Amendment” means a change in the wording, context or substance of this title, or change in the zoning district boundaries upon the zoning map, which map is a part of this title when adopted by the board in the manner prescribed by law. (See also Chapter 15.76.)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.083 Anemometer.

“Anemometer” means a research device for measuring wind speed and is regulated as a wind tower for the purposes of this title. An anemometer is considered a temporary use when removed after a period of 3 years or less. (See 15.18.030(22)).

(Ord. 10-2009 § 2(A) (part), 2010).

15.08.085 Animal Feeding Operation (AFO).

“Animal feeding operation” or “AFO” means a lot or facility where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period; and, where crops, vegetation forage growth, or post-harvest residues are not sustained over any portion of the lot or facility in the normal growing season, and as further defined in the Code of Federal Regulations (CFR), currently 40 CFR 122.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.090 Animal Feeding Operation, Concentrated (CAFO).

“Concentrated animal feeding operation” or “CAFO” means an animal feeding operation where more than 1,000 animal units are confined at the facility; and as further defined in the Code of Federal Regulations and regulated as a CAFO by the Washington State Department of Ecology.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.095 Antique Store.

“Antique store” means an establishment offering for sale articles such as glass, china, furniture, or similar furnishings and decorations which have intrinsic value and significance as a result of age (generally 50 years or older), design or sentiment.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.100 Apartment.

“Apartment” means a room or suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a residence for one family. This definition does not include “Accessory Apartments”.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.105 Aquaculture.

“Aquaculture” means keeping or raising aquatic plants or animals including, but not limited to, fish hatcheries and fish farms. This definition excludes commercial aquacultural processing, packing and storage plants. When aquaculture is clearly accessory to other land uses such as raising fish on the same site in conjunction with recreational uses, or for personal, noncommercial purposes, it shall be subject to zoning ordinance requirements for the principal use. Commercial aquacultural processing, packing and storage may be considered, where appropriate, under other commercial or industrial categories.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.110 Automotive Service Station.

“Automotive service station” means a facility to supply motor fuel and other petroleum products to motor vehicles, including lubrication, and providing minor repair service and incidental sales of motor vehicle accessories.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.115 Automobile, Truck, and/or Trailer Sales Area.

“Automobile, truck, and/or trailer sales area” means uncovered premises used for display, sale or rental of new or used automobiles, trucks and trailers.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.120 Automobile Wrecking, Dismantling, Salvage or Junk Yard.

“Automobile wrecking, dismantling, salvage or junk yard” means a place used for the storage and/or sale of used automobile parts or other salvage materials and for the storage, dismantling, sorting, cleaning, or baling of wrecked automobiles, trucks, trailers, machinery and other discarded or salvage materials.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

B

15.08.125 Bed and Breakfast Inn.

“Bed and breakfast inn” means a structure designed for and occupied as a single-family residence with not more than five guestrooms used to provide temporary travelers’ accommodations and meals for a fee.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.130 Board.

“Board” means the board of Yakima County Commissioners.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.135 Boarding or Lodging House.

“Boarding or lodging house” means one or more buildings with not more than five guest rooms where lodging and meals may be provided for compensation for not more than ten persons, but shall not include apartments, family home services, health care facilities, day care centers, residential care facilities, Any number of guest rooms over five shall be considered an overnight lodging facility.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.137 Brewery, Domestic.

A “domestic brewery” means a facility where more than 60,000 barrels of beer are processed and manufactured per year. A domestic brewery can include hop fields, grain fields, tasting and sales rooms. (Definition based on RCW 66.24.240(1)).

(Ord. 13-2010 § 3A (part), 2010).

15.08.138 Brewery, Micro.

A “microbrewery” means a facility where less than 60,000 barrels of beer are processed and manufactured per year. A microbrewery can include hop fields, grain fields, tasting and sales rooms. (Based on RCW 66.24.244(1)).

(Ord. 13-2010 § 3A (part), 2010).

15.08.140 Building.

“Building” means any structure built for the support, shelter or enclosure of persons, animals, uses or property of any kind. Where this title requires, or where special authority granted pursuant to this title requires that a use shall be entirely enclosed within a building, this definition shall be qualified by adding “and enclosed on all sides.”

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.145 Building Height.

“Building height” is the vertical distance above a reference datum measured 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 reference datum shall be selected by either of the following, whichever yields a greater height of building:

(1)    The elevation of the highest adjoining sidewalk or finished ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or finished ground surface is not more than ten feet above the lowest finished grade;

(2)    An elevation ten feet higher than the lowest finished grade when the highest sidewalk or finished ground surface described in Item 1 above is more than ten feet above lowest finished grade.

The height of a stepped or terraced building is the maximum height of any segment of the building.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.150 Building Official.

“Building official” means the individual so designated per Title 13.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

C

15.08.155 Camp.

“Camp” means a place which offers outdoor recreational activity and which may have common eating and sleeping facilities, and where recreational activities or religious retreats are organized and conducted in a group under supervision and where such group activities constitute the majority of the stay. (Existing examples include: Camp Dudley, Camp Ghormley, Camp Roganunda, Camp Fife, Camp Prime Time, Camp Zarahemla, etc.)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.160 Campground.

“Campground” means an area or tract of land upon which two or more campsites are located, established or maintained for occupancy by individuals using tents, camping or recreational vehicles, as temporary living quarters for recreation, education or vacation purposes.(See Section 15.18.030(4).)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.165 Camping or Recreational Vehicle.

“Camping or recreational vehicle” means vacation trailer, park trailer, fifth-wheel, self propelled vehicle or structure equipped with wheels for highway use which is designed for human occupancy and is used for temporary, recreational or emergency purposes, but not for residential purposes. Said vehicle may be equipped with plumbing, including sink and/or toilet.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.170 Cluster Development.

“Cluster development” means the arrangement or grouping of lots to increase densities (e.g. smaller lots) on some portions of the property to preserve the remainder for either: agricultural or forest use; future infill development within urban areas; open space and other amenities associated with the property; and/or to locate on-site utility (water and sewer) system(s).

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.175 Communication Tower.

“Communication tower” means any tower, pole, mast, whip, antenna, or any combination thereof used for radio, television, cellular or microwave telecommunications broadcast transmission or line-of-sight relay, but not including amateur radio antennae and support structures. (See 15.18.030(22)).

(Ord. 10-2009 § 2(A) (part), 2010: Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.178 Community Youth Center.

“Community youth center” means a structure open to the general public that is owned or operated by Yakima County or another public agency or a charitable nonprofit agency and that is used predominantly by children for cultural, educational, recreational, or social purposes.

(Ord. 8-2010 § 2 (part), 2011).

15.08.180 Convenience Store.

“Convenience store” means a building not greater than 4,000 square feet, which is used for retail sales of packaged or prepared food, beverages, lottery tickets, tobacco products, and limited stock of groceries or similar products for the traveling public or neighborhood residents. May include automotive fuel dispensing services. (See Section 15.18.030(19).)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.185 County Engineer.

“County engineer” means the duly appointed official per RCW 36.80. The county engineer is responsible for the issuance of road approach permits to county roadways in conformance with Chapter 10.08

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.190 Crisis Residential Facility.

“Crisis residential facility” means a protective residential facility operated to provide secure or semi-secure temporary shelter for children under the age of eighteen years.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

D

15.08.195 Dangerous Waste.

“Dangerous waste” means those solid wastes designated in WAC 173-303-070 through 173-303-103 as dangerous or extremely hazardous waste.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.200 Day-Care Center, Child.

“Child day-care center” 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 children for periods of less than 24 hours, apart from their parents or guardians, governed by the state day-care center licensing provisions and conducted in accordance with state requirements.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.205 Density.

“Density” means the 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).

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.206 Distillery, Craft.

A “craft distillery” means a facility where less than 20,000 gallons of spirits are processed and manufactured per year. A craft distillery can include fields, tasting and sales rooms. (Based on RCW 66.24.140(1)).

(Ord. 13-2010 § 3A (part), 2010).

15.08.207 Distillery.

A “distillery” means a facility where more than 20,000 gallons of spirits are processed and manufactured per year. A distillery can include fields, tasting and sales rooms. (Based on RCW 66.24.140(1)).

(Ord. 13-2010 § 3A (part), 2010).

15.08.209 Drive-Through Food and Beverage Vendor.

“Drive-through food and beverage vendor” means an establishment where food or other retail items are sold from a drive-up window to a person driving a vehicle. Such establishments may include espresso stands, juice bars, and mobile food vendors, but do not include establishments where an adult sales practice as defined in YCC Chapter 5.06 occurs.

(Ord. 8-2010 § 2 (part), 2011).

15.08.210 Dwelling.

“Dwelling” means a building, structure or portion thereof designed exclusively for residential purposes.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.215 Dwelling, Accessory Farm.

“Accessory farm dwelling” means a second single-family dwelling, in addition to the owner’s single-family residence, that is located on a lot at least 20 acres or one-half quarter-quarter section in size (including public right-of-way) and occupied by a family whose head of the household is employed or otherwise actively participating in the operation of the farm. (See Section 15.18.030(13).)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.220 Dwelling, Multi-Family.

“Multi-family dwelling” means a building or portion thereof, designed for occupancy by three or more families living independently of each other, and containing three or more dwelling units. (See also “Apartment,” Section 15.08.100.)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.225 Dwelling, Single-Family.

“Single-family dwelling” means a detached building designed exclusively for occupancy by one family and containing no more than one dwelling unit. This definition includes manufactured homes as defined in Section 15.08.400.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.230 Dwelling, Two-Family.

“Two-family dwelling” means a building designed exclusively for occupancy by two families living independently of each other, and containing two dwelling units. Such definition also includes the term “duplex.”

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.235 Dwelling Unit.

“Dwelling unit” means one or more rooms in a dwelling designed for occupancy by one family for living or sleeping purposes, and having only one kitchen.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

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15.08.240 Especially Sensitive Land Uses.

“Especially sensitive land uses” mean those which are, by their nature, especially sensitive to farm, forest or mineral resource operations and management practices.

These land uses include dwellings, schools, day care facilities, medical facilities such as hospitals, clinics and convalescent care facilities, outdoor recreational facilities and similar uses.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

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15.08.245 Family.

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

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.250 Family Home Services.

“Family home services” means and includes the following:

(1)    Adult Day Care Home. “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.

(2)    Adult Family Home. “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.

(3)    Family Day Care Home, Child. “Child 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.

(4)    Foster Family Home. “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.

(5)    Group Care Facility, Small. “Small group care facility” means a facility for handicapped, physically disabled or developmentally disabled adults, or dependent or predelinquent children, plus houseparents, 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 houseparents, Does not include “halfway house” as defined in Section 15.08.290.

(6)    Licensed Boarding Home, Small. “Small licensed boarding home” 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.

(7)    Safe/Shelter Home. “Safe/shelter home” means a place of temporary refuge (e.g. shelter) which includes access to adequate food and clothing offered on a twenty-four hour, seven day-per-week basis to victims of domestic violence and their children. A safe home is a component of or has a working agreement with a domestic violence service for up to two lodging units. A shelter home includes three or more lodging units.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.255 Farm Labor Center.

“Farm labor center” means a facility of more than eight farm labor shelters on a single lot. The shelters may either be attached, clustered in a group, or a combination thereof. (See Section 15.18.030(3).)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.260 Farm Labor Shelter.

“Farm labor shelter” means a single-family dwelling unit used exclusively as housing for farm laborers and their immediate family members. Farm labor shelters may either be attached, clustered in a group, or a combination thereof. This definition does not include camping or recreational vehicles, or mobile homes. (See Section 15.18.030(3).)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.265 Feedlot.

(See “Animal feeding operation” and “Concentrated animal feeding operation” definitions, Sections 15.08.085 and 15.08.090.)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.270 Flea Market.

“Flea market” means an occasional or periodic market usually held in an open area, but which may be held indoors, where an individual or groups of individual sellers offer goods for sale to the public. A key element to flea markets is that there are no long-term leases between the sellers and operators and that often the sellers use their own vehicles for display or set up temporary tables or booths for their wares. (See “Yard sales” as defined in Section 15.08.680).

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.275 Forest Industries.

“Forest industries” include sawmills, shake and shingle mills, chippers, pole yards, log dumps, log sorting and storage areas, scaling stations, temporary crew quarters, forest industry storage and maintenance facilities, forest industry residue dumps and other uses involved in the harvesting and primary processing of timber, provided that:

The intent of the processing is initial reduction in bulk and/or to facilitate transport to secondary processing centers, although it may also include the finishing of lumber into boards, studs, timbers, and similar sawmill type products;

Such uses shall not include the manufacture of finished wood products such as furniture, plywood or paper, trusses, laminated products, etc.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.280 Fraternal Organizations, Lodges and Clubs.

“Fraternal organizations, lodges and clubs” means a group of people formally organized for a common interest, usually cultural, religious, or entertainment, with regular meetings, rituals, and informal written membership requirements. May include eating facilities or meeting or reception halls.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

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15.08.285 Garage.

“Garage” means an accessory building or an accessory portion of the main building, designed or used only for the shelter or storage of vehicles owned or operated by the occupants of the main building.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.288 Guest Ranch.

“Guest ranch” means a specialized camp offering activities typical of western ranching and offering sleeping and eating accommodations in conjunction with existing ranching operations.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

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15.08.290 Halfway House.

“Halfway house” means a home for juvenile delinquents, adult offenders, those leaving correctional and/or mental institutions, or a rehabilitation center for alcohol and/or drug users 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. Does not include a state licensed crisis residential facility as that term is used by statute.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.295 Hazardous Waste.

“Hazardous waste” means and includes all dangerous and extremely hazardous waste, including petroleum contaminated soils. Hazardous waste management, treatment or storage facilities, whether on or off-site, are subject to the requirements of RCW Chapter 70.105 and the state siting criteria adopted pursuant to statute.

(1)    Generator. “Hazardous waste generator” means any person or site whose act or process produces dangerous waste or whose act or process first causes a dangerous waste to become subject to the Dangerous Waste Regulations, Chapter 173-303 WAC.

(2)    Off-Site. “Off-site” means hazardous waste treatment and storage facilities that treat and store waste from generators on properties other than those on which the off-site facilities are located.

(3)    On-Site. “On-site” means hazardous waste treatment and storage facilities that treat and store waste generated on the same site.

(4)    Storage. “Storage” means the holding of dangerous waste for a temporary period. Accumulation of dangerous waste by the generator on the site of generation is not storage as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201.

(5)    Treatment. “Treatment” means the physical, chemical, or biological processing of dangerous wastes to make such waste non-dangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.300 Health Care Facilities.

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

(1)    Alcoholism/Substance Abuse Treatment Facility. “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.

(2)    Convalescent or Nursing Home. “Convalescent or nursing home” means any home place or institution which operates or maintains facilities providing convalescent or chronic care, or both for a period in excess of 24 consecutive hours, who by reason of illness or infirmity are unable properly to care for themselves.

(3)    Hospice Care. “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 alleviates the emotional and spiritual discomfort associated with dying.

(4)    Hospital. “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.

(5)    Sanitarium. “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.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.305 Hearing Examiner.

“Hearing examiner” means the duly appointed Yakima County hearing examiner, or hearing examiner pro-tem.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.310 Home Occupation, Minor.

“Minor home occupation” means 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, storage of materials, supplies or vehicles, noise, electrical interference) other than signing as permitted in the zoning district in which it is situated. Minor home occupations are conducted within the dwelling unit and/or attached garage by members of a family residing in the dwelling. Minor home occupations are limited to those of a service character, but may include limited retail sales directly related to the home occupation. (See Section 15.18.030(23).)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.315 Home Occupation, Major.

“Major home occupation” means 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 non-resident individuals, when authorized in accordance with Section 15.18.030(24).

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.320 Hotel.

(See “Overnight lodging facility,” Section 15.08.490.)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

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15.08.325 Impervious Surface.

“Impervious surface” means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. It includes most conventionally surfaced streets, roofs, sidewalks, driveways, parking lots, patios and other similar structures.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.328 Industrial Development, Major.

“Industrial development, major” means a master planned location for a specific manufacturing, industrial or commercial business that: (a) requires a parcel of land so large that no suitable parcels are available within an urban growth area; or (b) is a natural resource-based industry requiring a location near agricultural land, forest land, or mineral resource land upon which it is dependent. The major industrial development shall not be for the purpose of retail commercial development or multi-tenant office parks.

(Ord. 9-2003 § 1, 2003).

15.08.330 Irrigation and/or Drainage Facilities.

“Irrigation and/or drainage facilities” means all irrigation and/or drainage structures, including, but not limited to, standpipes, weir boxes, pipelines, ditches, pump houses, culverts, etc.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

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15.08.335 Kennel.

“Kennel” means a pack or collection of more than six adult dogs, kept or bred for hunting, sale, exhibition or domestic use. This definition shall include boarding kennels.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

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15.08.340 Landscaping.

“Landscaping” means the arrangement and planting of trees, grass, ground cover, shrubs, flowers, xeriscaping, and the placement of site screening, pedestrian or bicycle pathways to achieve functional and/or aesthetic enhancement of a site.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.343 Livestock Event Facility.

“Livestock event facility” means those uses normally established for the purpose of holding livestock-oriented events, such as rodeos, horsemanship competitions. or team penning. This definition also includes practice facilities for such events if open to the public, riding clubs, or other groups.

(Ord. 9-2003 § 2, 2003).

15.08.345 Lot.

“Lot” means a fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include “tracts” or “parcels.”

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.350 Lot, Corner.

“Corner lot” means a lot abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135 degrees.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.355 Lot, Inside or Interior.

“Inside or interior lot” means a lot other than a corner lot.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.360 Lot, Through.

“Through lot” means an interior lot having frontage on two streets.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.365 Lot Area.

“Lot area” means the total horizontal area within the boundary lines of a lot.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.370 Lot Coverage.

“Lot coverage” means the percentage of the area of a lot covered by buildings, accessory structures, or other impervious surfaces.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.375 Lot Depth.

“Lot depth” means the horizontal length of a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.380 Lot Line, Front.

“Front lot line” means the property line separating the lot from the road. For the purpose of establishing the front lot line for a corner lot, through lot or flag lot, the following shall apply:

(1)    In the case of a corner lot or through lot, the front lot line shall be the property line with the narrowest road frontage, except, the building official or his designee, shall designate the front lot line for corner lots or through lots in residential zoning districts.

(2)    For a flag lot, when the access easement or right-of-way extends across the lot, the front lot line shall be the line separating the lot from the right-of-way or access easement. When the right-of-way or access easement does not extend across the property, the front line shall be determined by the building official.

Where the building official determines the front of the lot, consideration will be given to owner preference and public safety issues.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.385 Lot Line, Rear.

“Rear lot line” means the property line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or where the rear line of the lot is formed by two or more lines, the following shall apply:

(1)    For a triangular or gore shaped lot, a line ten feet in length within the lot and farthest removed from the front lot line and at right angles to the line comprising the depth of such lot shall be used as the rear lot line;

(2)    In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the recorded rear lot line;

(3)    In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.390 Lot Line, Side.

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

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.395 Lot Width.

“Lot width” means the horizontal distance between the side lot lines measured at right angles to the line comprising the depth of the lot at a point midway between the front and rear lot lines, provided that the length of the line constituting the rear line of the required front yard shall never be less than fifty feet.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

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15.08.400 Manufactured Home.

“Manufactured home” means a factory assembled single-family dwelling as also defined by WAC 296-150M and built according to the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act. A manufactured home also: includes plumbing, heating, air conditioning, and electrical systems; is built on a permanent chassis; and can be transported in one or more sections. The distinction between a single-wide, double-wide or triple-wide manufactured home relates to the corresponding number of sections the home is delivered to the site. The term shall not include mobile home, recreational vehicle, commercial coach, camping vehicle, travel trailer, tip-out, or any other similar vehicle not labeled as a manufactured home under federal or state law.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.405 Marina.

“Marina” means a dock or basin providing moorage for watercraft and may offer supply, repair, rental, or other support facilities. A marina may be either open to the public or for private use.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.408 Master Planned Resort.

“Master planned resort” means a self-contained and fully integrated planned unit development, in a setting of significant natural amenities, with primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of developed on-site indoor or out-door recreational facilities.

(Ord. 9-2003 § 3, 2003).

15.08.410 Mineral Batching.

“Mineral batching” includes the batching of sand and gravel or rock into asphalt or cement concrete.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.415 Mineral Processing.

“Mineral processing” means the crushing, non-chemical washing (including sedimentation ponds), screening, sorting, stockpiling and blending of rock, sand, gravel and other earth, natural materials and/or precious metals. Processing does not include batching of sand and gravel or rock into asphaltic or Portland cement concrete products, the manufacturing of products such as concrete pipe, bricks, concrete forms and the like or the chemical blending or extraction of precious or semi-precious minerals.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.420 Mineral Resources.

“Mineral resources” means rock, gravel, sand and metallic and non-metallic substances of commercial value.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.425 Mining Site/Operation.

“Mining site/operation” means a tract of land and the operations necessary to excavate, process, stockpile, or remove materials such as sand, gravel, aggregate, rock or other mineral resources. The retail, wholesale, contract purchase, or transfer of mineral products is within the scope of this definition. For purposes of this title, the leveling, grading, filling, or removal of materials during the course of normal site preparation for an approved use (e.g., residential subdivision, commercial development, etc.) does not constitute a mining site/operation, if: processing of the material does not occur on the property; the activity is completed quickly, does not occur over an extended period of time, and on-site stockpiles are fully depleted; and, a mining permit is not required from the Department of Natural Resources.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.430 Mobile Home.

“Mobile home” means a factory-built dwelling built prior to June 15, 1976, to standards other the HUD Manufactured Housing Code, and acceptable under applicable state codes in effect at the time of construction or the introduction of the home into the state. This definition does not include: modular homes, manufactured homes; park models; or camping vehicles, travel trailers, tip-outs, commercial coaches, recreational vehicles, motor homes and any other similar vehicle which is not intended, designed, constructed or used for residential purposes.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.435 Mobile or Manufactured Home Park.

“Mobile or manufactured home park” means a parcel of land utilized for the placement of two or more mobile homes, and/or manufactured homes. Except, this definition does not include permitted mobile home or manufactured home sales lots, temporary units permitted in conjunction with the temporary care of an aged/infirm relative, or manufactured homes in approved farm labor shelters or centers. (See also Chapter 15.62.)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.440 Modular Home.

“Modular home” means a residential structure constructed in a factory of factory assembled parts and transported to the building site in whole or units which meets the requirements of the uniform building code. The completed structure is not a mobile or manufactured home.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.445 Motel.

(See “Overnight lodging facility,” Section 15.08.490.)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

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15.08.449 Nonagricultural Use.

“Nonagricultural use” means one that does not meet the definition of agriculture listed under YCC 15.08.060.

(Ord. 13-2010 § 3A (part), 2010).

15.08.450 Nonconforming Building or Structure.

“Nonconforming building or structure” means a building or structure that was lawfully established prior to the adoption or applicable amendment of this title, which fails by reason of such adoption or amendment to conform to the present setback, lot coverage, or other development requirements of this title. (See Chapter 15.68.)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.455 Nonconforming Lot.

“Nonconforming lot” means a lot that was lawfully established prior to adoption or applicable amendment of this title, which fails to conform to the present area or dimensional requirements of this title. (See Chapter 15.68.)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.460 Nonconforming Use.

“Nonconforming use” means a use of land, buildings or structures that was lawfully established prior to the adoption or applicable amendment of this title and since maintained, which fails by reason of such adoption or amendment to conform to the present land use regulations established by this title. (See Chapter 15.68.)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.465 Occupied.

“Occupied” includes the term designed or intended to be occupied.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.466 Off-Road Vehicle.

“Off-road vehicle (ORV)” means a motor driven off-road recreation vehicle capable of cross- country travel without benefit of a road or trail, or immediately over land, snow, ice, marsh or other wetland types, or other natural terrain. “ORV” or “vehicle” includes, but is not limited to, a multi-track or multi-wheel drive vehicle; an ATV; an off-highway vehicle; a motorcycle or related 2-wheel, 3-wheel, or 4-wheel vehicle; an amphibious machine; a ground effect air cushion vehicle; or other means of transportation deriving motive power from a source other than muscle or wind.

(Ord. 1-2009 § 2(1), 2009).

15.08.470 Off-Road Vehicle Recreation Facilities.

“Off-road vehicle recreation facilities” include motor-cross courses, jeep courses, snowmobile courses and similar facilities where there have been physical improvements made to the property either deliberately or inherently.

However, use of “off-road recreational vehicles” shall not constitute “off-road vehicle recreation facilities” where the vehicle is:

(1)    Used for farming, military, fire, emergency, or law enforcement purposes;

(2)    Used by a utility company or an oil or gas company when performing maintenance on its facilities or on property over which the company has an easement;

(3)    A construction or logging vehicle used in performance of the vehicle’s common function; or

(4)    Agricultural or garden equipment, like tractors or lawnmowers, used for their intended purpose.

(Ord. 1-2009 § 2(2), 2009: Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.475 Open Space.

“Open space” as referred to in the clustering provisions of this title, means a defined portion of the property on which no residential, commercial, or industrial buildings are located – Except agricultural buildings (as defined in 15.08.030) and buildings enclosing utility improvements, such as a pumping station or well house. When constructed, such improvements shall be of a nature that will not preclude use of the land for future development once the appropriate zoning, utilities (public water and sewer service) and other infrastructure is in place. Covenants may be required to assure control of noxious weeds, fire hazards, abandoned orchards and other nuisances.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.480 Outdoor Commercial Amusements.

“Outdoor commercial amusements” mean those of a permanent nature involving a large assembly of people, such as drive-in theaters, race tracks, water parks, miniature golf courses, fairgrounds, zoos and other similar uses.

(Ord. 9-2003 § 4, 2003: Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.485 Outdoor Living Area.

“Outdoor living area” means an on-site area of lawn, garden, court, patio, pool or balcony in addition to the required off-street parking areas, driveways, service areas or areas of unstable slope.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.490 Overnight Lodging Facility.

“Overnight lodging facility” means a commercial establishment consisting of cabins and/or motel and hotel units in which there are six or more guest rooms for transient lodging accommodations on a daily rate to the general public and may include additional services such as restaurants, meeting rooms, and recreational facilities. This definition does not include mobile homes, camping or recreational vehicles.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

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15.08.492 Park.

“Park” means a public or privately owned area with facilities for active or passive recreation by the public.

(Ord. 8-2010 § 2 (part), 2011).

15.08.495 Park Model.

“Park model” means a recreational park trailer, as defined by WAC 296-150P-0020 and approved as such by the Washington State Department of Labor and Industries, as evidenced by a state-plan insignia (See WAC 296-150P).

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.500 Party of Record.

“Party of record” means the applicant and any other person who has submitted written comment on any action or proposed action, or who has appeared at a public hearing or public meeting and signed an official register requesting notice of further action.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.502 Personal Wind Energy Tower.

“Personal wind energy tower” means a system designed as providing a source of electrical power to an existing or new building or facilities, wherein the power generated is used primarily for on-site consumption and generates 25kW or less. The system consists of a vertical or horizontal wind turbine and associated controls and may include a tower. (See 15.18.030(22)).

(Ord. 10-2009 § 2(A) (part), 2010).

15.08.505 Public Buildings and Uses.

“Public buildings and uses” mean those public or quasi-public buildings and uses of a public works, public service, public safety or public utility nature not defined or listed elsewhere in this title. These buildings and uses characteristically may be hard to locate, need close proximity to utility corridors, require a location within a service area or specific site, or need access onto an urban arterial or rural collector. Such buildings and uses include, but are not limited to: bus shelters, water towers, park and ride lots, interpretive centers, rest stops, road maintenance stockpile sites and the like.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.510 Public Facilities.

“Public facilities” mean and include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, storm and sanitary sewer systems, water systems, parks and recreational facilities and schools.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.515 Public Nuisance.

“Public nuisance” means and includes any violation of the provisions of this title. Any violation of this title shall be subject to prevention or abatement in an action at equity to the same extent as are other public nuisances. (See also Chapter 15.88.)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

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15.08.520 Recycling Center.

“Recycling center” means a facility where discarded household products, such as aluminum and tin cans, glass paper, plastic, and other similar products are deposited, packaged and stored for future reprocessing.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.525 Refuse Landfill.

“Refuse landfill” means an area devoted to the disposal of refuse, including incineration, reduction, or disposal of ashes, garbage, combustible or noncombustible refuse, offal or dead animals. This definition shall include municipal solid waste landfills, inert waste disposal sites, and demolition waste disposal sites as those terms are defined by Washington Administrative Code.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.530 Residential Care Facility.

“Residential care facility” means a facility that is licensed to care for at least five functionally disabled persons.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.535 Resource Lands.

“Resource lands” mean those lands which are designated by the Comprehensive Plan as having long term commercial significance for the production of agricultural products, timber or the extraction of minerals.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.540 Retirement Home.

“Retirement home” means an establishment operated for the purpose of providing domiciliary care for a group of persons who by reason of age are 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. (See also “Apartment,” Section 15.08.100 and “Multi-family dwelling,” Section 15.08.220.)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.545 Reviewing Official.

“Reviewing official” means administrative official, building official, hearing examiner, or the board when engaged in any review or approval procedure under the provisions of this title.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.550 RV Park.

(See “Campground,” Section 15.08.160.)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

S

15.08.555 Second Hand Store.

“Second hand store” means a retail business that primarily sells used goods such as clothing, household items, books, furniture, appliances and other merchandise not generally considered to be antiques. (See “antique store,” Section 15.08.095.)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.560 Setback.

“Setback” means the minimum horizontal distance required from the property line to the wall line of a building or structure, except where otherwise specified by this title.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.565 Sign.

(See special sign definitions in Chapter 15.66.)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.570 Solid Waste Drop Box Site.

“Solid waste drop box site” means a location for the placement of a drop box facility for disposal of solid waste and recyclable materials.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.575 Solid Waste Transfer Station.

“Solid waste transfer station” means a permanent, fixed location for the disposal of solid waste and recyclable materials for transport to a waste handling facility.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.580 Storage Facilities, Bulk.

“Bulk storage facilities” means either enclosed or outdoor areas designed for the storage of either large quantities of materials or materials of large size. Includes the storage of vehicles when such storage is not incidental and subordinate to another land use and is not vehicle parking or storage, automotive wrecking/dismantling yards, vehicle sales lots, or agriculturally related industry.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.585 Storage Facilities, Commercial.

“Commercial storage facilities” means enclosed storage areas designated as support facilities for commercial activities and used for the storage of retail materials.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.590 Storage Facilities, Residential (Mini).

“Residential (mini) storage facilities” means a commercial facility containing compartmentalized stalls, lockers, or screened outside area designed or used exclusively for storing personal property and/or recreational vehicles. (See also Section 15.18.030(bb).)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.595 Structural Alterations.

“Structural alterations” means any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joints, girders or rafters, or changes in the roof or exterior lines.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.600 Structure.

“Structure” means anything constructed or erected which requires location on the ground or attached to something having a location on the ground, but not including fences six feet or less in height.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

T

15.08.605 Technical Equipment.

“Technical equipment” means medical, dental, fire suppression, restaurant, etc. equipment.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.610 Towing Services.

“Towing services” means a service to haul or tow vehicles for service, repair or temporary storage. Any facility except for wrecking yards, storing a vehicle for 5 or more days shall be considered a “vehicle storage facility”.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.615 Transportation Brokerage Offices.

“Transportation brokerage offices” means establishments primarily engaged in furnishing shipping information and acting as agents in arranging transportation for freight and cargo.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

U

15.08.620 Urban Growth Area.

“Urban growth area” or “UGA” means those areas designated by the board for urban growth. UGAs are depicted within the Comprehensive Plan and on the official zoning map to clarify and encompass urban and urbanizable lands in or adjacent to each incorporated city or town. Urban uses and densities within UGAs typically require urban governmental services and development standards.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.625 Use.

“Use” means the activity to which land or building is devoted and for which either land building is or may be occupied or maintained.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.630 Utility Services.

“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. 1-2000 § 1 (Exh. A (part)), 2000).

V

15.08.635 Variance.

“Variance” means a modification of the specific regulations of this title in accordance with the terms of this title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. (See Chapter 15.70.)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.640 Vehicle Storage.

“Vehicle storage” means keeping vehicles on a given site that are not actively used by the principal occupants of the site. Does not include automotive wrecking/dismantling yards or vehicle sales lots.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

W

15.08.645 Waste Material Processing and Junk Handling.

“Waste material processing and junk handling” means a place where waste, discarded or salvaged metal, used plumbing fixtures, discarded furniture and household equipment, and other materials are bought, sold, exchanged, stored or baled, and places or yards for the storage of salvaged materials and equipment from building demolition and salvaged structural steel materials and equipment, but excluding establishments for the processing and sorting of garbage, or for the sale, purchase, storage or dismantling of automotive vehicles and machinery. This definition does not include the processing, storage or disposal of hazardous materials.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.650 Wastewater Sprayfield.

“Wastewater sprayfield” means a field that is irrigated with wastewater or treated sewage. May include storage lagoons utilized solely for storing wastewater before spraying, but not other wastewater treatment facilities. The application of agricultural waste or treated sewage at agronomic rates for soil enhancement or fertilizer purposes is excluded from this definition. (See Section 15.08.060, “Agriculture.”)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.655 Wholesale Trade.

“Wholesale trade” means those uses primarily engaged in the sale of merchandise to retailers; to industrial, commercial, institutional or professional business users; or to other wholesalers.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.657 Winery, Basic.

“Winery, basic” means a facility where less than 250,000 liters of wine are processed and manufactured per year. Basic wineries can include vineyards, tasting and sales rooms. (Definition based on RCW 66.24.170(1)).

(Ord. 13-2010 § 3A (part), 2010: Ord. 15-2007 § 3(C) (part), 2007).

15.08.659 Winery.

“Winery” means a facility where more than 250,000 liters of wine are processed and manufactured per year. Wineries can include vineyards, tasting and sales rooms. (Definition based on RCW 66.24.170(1)).

(Ord. 13-2010 § 3A (part), 2010).

X

Y

15.08.660 Yard.

“Yard” means an open space, other than an enclosed court, on the same lot with the structure, unoccupied from the ground upward.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.665 Yard, Front.

“Front yard” means the area extending the entire width of the lot, between the front lot line and the structure.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.670 Yard, Rear.

“Rear yard” means the area extending the entire width of the lot between the rear lot line and the structure.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.675 Yard, Side.

“Side yard” means the area extending the entire depth of the lot, between the side lot line and the nearest side of the structure.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.08.680 Yard Sale.

“Yard sale” means a temporary event for the surplusing of unwanted items as an accessory use to a residence or business, in which the event does not exceed three days in duration or occur more than twice per calendar year. A yard sale is considered to be occurring whenever goods are on display with the clear intent for public viewing and purchase, and/or there is a sign that announces or publicizes a yard sale. The term “yard sale” includes garage sales, patio sales, estate sales, and moving sales. “Yard sales” do not include flea markets, junkyards, second hand stores, auction houses, and yard sale events not meeting the terms of this definition.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

Z

15.08.685 Zoning District.

“Zoning district” means a mapped area within the unincorporated territory of the county in which certain uses of land and buildings are permitted, conditionally permitted or prohibited and within which a uniform set of regulations apply, as set forth within this title (Synonymous with “Zone”.)

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).