Chapter 14.98 DEFINITIONS

Chapter 14.98
DEFINITIONS

Sections:

14.98.010 Purpose and applicability.

The purpose of this chapter is to provide a primary source for the definition of terms used in Titles 10, 11, 12, 13, 14, 15 and 16 of the Chelan County Code. 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. (Res. 2007-100 (part), 7/2/07).

14.98.020 Definitions.

If a term is not specifically defined in this section, an applicant may request from the administrator an administrative interpretation, in which the administrator shall reference the most current edition of Webster’s Ninth New Collegiate Dictionary or the New Illustrated Book of Development Regulations.

Whenever the following words and phrases appear in this title, they shall be given the meanings attributed to them by this section. When not inconsistent with the context, words used in the present tense shall include the future; the singular shall include the plural and the plural the singular; the word “shall” is always mandatory, and the word “may” indicates a use of discretion in making a decision.

“AASHTO” means the American Association of State Highway and Traffic Officials.

“Adequate public facilities” means facilities which have the capacity to serve development without decreasing levels of service below locally established minimums.

“Abate” means to take whatever steps are necessary to return a property to the condition in which it existed before a code violation occurred or to assure that the property complies with applicable code requirements. Abatement may include, but is not limited to, rehabilitation, demolition, removal, replacement or repair.

“Abut” means to physically touch or border upon; or to share a common property line but not overlap.

“Access” means a way or means of approach to provide physical vehicular or pedestrian entrance to a property.

“Access tract, private” means a privately owned and maintained tract providing vehicular access to four or fewer residential properties.

“Accessory dwelling unit” means a separate dwelling unit, which may be attached, detached, or located within the primary residence. No mobile home or recreational vehicle shall be an accessory dwelling unit. Such dwelling shall be subject to the requirements and conditions provided in Chapter 11.88.

“Accessory use/structure” means a use of land or building or portion thereof which is customarily incidental and subordinate to an already established principal use of the land or building and located on the same lot or within the same project as the principal use. For the purpose of determining an accessory use/structure, a dock/pier is not considered a principal use.

“Act” means doing or performing something.

“Adjacent” means abutting on public roads, streets, rights-of-way or easements in which street system improvements are installed or directly connecting to street system improvements through an interest in real property such as an easement or license.

Adjacent Land. See “Adjoining land.”

“Adjoining land” means a lot or parcel that shares all or part of a common lot line with another lot or parcel of land.

“Administrative use” means a use which by the fact of its location, operational characteristics or intensity may require some limited standards of review or performance criteria.

“Administrator” shall mean the director of the Chelan County community development department or his/her designated representative, who is vested with the duty of administering subdivision and platting regulations within the unincorporated area of Chelan County. For Chapter 15.30, Road Standards, “administrator” shall mean the Chelan County public works director.

“ADT” means average daily traffic as determined by the latest edition of the Trip Generation Manual as published by the Institute of Transportation Engineers.

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

“After-the-fact permit” means a permit application for work/development commenced prior to authorization by the department, whether or not the development is the subject of a code violation investigation.

“Agricultural processing facility” means a facility which adds value to, refines, or processes raw agricultural goods, including but not limited to washing, sorting, cutting, bagging, freezing, canning, packing, bottling, or butchering.

“Agricultural structure(s)” means a building or structure, such as a barn, outbuilding, pumphouse or other structure necessary for the support and service of agricultural activities. It does not include retail structures.

“Agricultural support service” means any nonagricultural use which is directly related to agriculture and directly dependent upon agriculture for its existence. These support services exist within districts that are intended to facilitate the production, marketing and distribution of agricultural products. Such services include, but are not limited to, ag equipment repair, trucking operations, equipment rental and agricultural research facilities.

“Agricultural theme market” means a building, structure, or land area used for the sale of fresh fruit or vegetables, grown either on or off site, and may include, as incidental and accessory to the principal use, wineries, places of public/private assembly, and food and beverage service. An agricultural market is distinguished from a home fruit stand by a larger scale of activity and a greater range of products offered. This definition does not include the sale of livestock, gasoline or fuels.

“Agricultural tourism” refers to the act of visiting a working farm or any agricultural, horticultural or agribusiness operation for the purpose of enjoyment, education or active involvement in the activities of the farm or operation.

“Agricultural use” means the tilling of the soil, the raising of crops, forestry, horticulture, gardening, keeping or raising of livestock and poultry and any agricultural industry or business such as dairies, nurseries, wholesale greenhouses or similar uses.

“Agricultural worker housing, permanent” means dwellings provided on-site by the owner/operator of an agricultural operation for the purpose of housing permanent (year-round) workers employed by said owner/operator. Dwellings are subject to all applicable building and health regulations.

“Agricultural worker housing, temporary” means a place, area, or piece of land where sleeping places or housing sites are provided on-site by an agricultural operator for his or her employees for temporary or seasonal occupancy as per Chapter 246-359 WAC.

“Agriculturally related industry” means 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.

“Alley” means a strip of land dedicated to public use that provides vehicular, pedestrian and utility access to the rear side of properties which abut and are otherwise served by a public street which affords only a secondary means of access to property abutting thereon.

“Alternative antenna support structure” includes flat roofs of buildings, bell towers, clock towers, water towers, church steeples, street light standards, traffic light and traffic sign structures, billboards and commercial signs, and other manmade structures and devices that extend vertically from the ground to a sufficient height or elevation to accommodate the attachment of antennas at an altitude or elevation that is commercially desirable for wireless communications signal transmission and reception.

“Amendment” means a change in the wording, context, or substance of this title or a change in the zoning district boundaries upon the zoning map, which is a part of this title when adopted by the board.

“Animal boarding facility” means a facility where animals are housed, fed, and cared for, excluding a veterinary clinic, for a period greater than 24 hours for commercial purposes. Such uses shall include, but are not limited to, boarding stables and riding academies.

“Antenna” means a specific device the surface of which is used to receive or capture incoming and/or transmit outgoing radio frequency (RF) signals, microwave signals, or other communications energy transmitted from or to be received by other antennas.

“Antenna, ancillary” means an antenna designed primarily to receive and transmit signals described as “personal wireless communication services,” including global positioning satellite (GPS) data, personal communications service (pcs) technology and pagers.

“Antenna array” means two or more devices used for the transmission or reception of radio frequency (RF) signals, microwave or other signals for commercial communications purposes and may include omni-directional, directional, parabolic, or ancillary antennas. Two or more antennas situated or mounted upon or attached to a single platform or mounting structure which is affixed or attached to the top of an antenna support structure or midway thereon, or to an alternative antenna support structure, including the roof of a flat-roofed building, are included in the definition of antenna array.

“Antenna, directional (panel antenna)” means an antenna designed to receive and/or transmit signals in a directional pattern which is less than three hundred sixty degrees, typically an arc of approximately one hundred twenty degrees.

“Antenna, omni-directional (whip antenna)” means an antenna, up to twenty feet in height or length, and up to five inches in diameter, designed to receive and/or transmit signals in a three-hundred-sixty-degree pattern.

“Antenna, parabolic (dish antenna)” means an antenna, generally a bowl-shaped device, that is designed to receive and/or transmit signals in an approximate direction.

“Antenna support structure” means a structure or device specifically designed, constructed and/or erected for the purpose of attaching, mounting or otherwise affixing antennas at a height, altitude or elevation which is significantly above the base of such structure; antenna support structures include the following:

(A) “Lattice tower” means a vertical support structure consisting of a network of crossed metal braces, forming a tower which may be three, four, or more sided;

(B) “Monopole tower” means a vertical support structure consisting of a single vertical metal, concrete, or wooden pole, typically round or square, and driven into the ground or attached to a foundation.

“Application” means a request for any land use permit required from the county for a proposed development or action.

“Approved site plan” means a drawing which identifies the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by this title; contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the local governmental body having authority to approve the site plan; and contains provisions establishing conformity with the site plan.

“Aquifer” means a water-bearing stratum of permeable rock, sand or gravel.

“Aquifer recharge” means the movement or percolation (usually downward) of surface water through an unsaturated zone of soil or rock into a groundwater body.

“Aquifer recharge area” means an area with a recharging effect on aquifers used for potable water.

“As-built” means the original construction drawings revised to incorporate information pertaining to the street and/or utility improvements as they were constructed.

“Auditor” means the Chelan County auditor.

“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 their parts or the storage of motor vehicles unable to be moved under the power of the vehicle.

“Auxiliary lane” means the portion of the roadway adjoining the traveled way for parking, turning, or other purposes supplementary to through-traffic movement.

“AWWA” means the American Water Works Association.

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year. Also known as the “one-hundred-year flood.”

“Bed and breakfast” means a facility in which one kitchen, a shared dining area, and not more than a total of three lodging units are available within a single-family residence providing short-term lodging for paying guests.

“Benefit area” means that area which includes all parcels of real property adjacent to street system improvements or likely to require connection to or service by utility system improvements constructed by a developer.

“Berm” means an earthen mound designed to provide visual interest, screen undesirable views, decrease noise or separate incompatible uses.

“Best management practices” means conservation practices or systems or practices and management measures that:

(A) Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics and sediment.

(B) Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical, and biological characteristics of hydrologically related critical areas.

“Binding site plan” means a drawing that identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by this chapter; contains inscriptions or attachments setting forth appropriate limitations and conditions for the use of the land; and, contains provisions requiring any development proceeding thereunder.

“Bio-engineering” means project designs or construction methods which use live woody vegetation or a combination of live woody vegetation and specially developed natural or synthetic materials to establish a complex root grid within the existing bank which is resistant to erosion, provides bank stability, and maintains a healthy riparian environment with habitat features important to fish life.

“Block” means a group of lots, tracts or parcels within well-defined and fixed boundaries.

“Board” shall mean the board of Chelan County commissioners.

“Buffer” means a portion of land that is designed and designated to remain permanently vegetated in an undisturbed and natural condition to protect an adjacent aquatic or wetland site from upland impacts, to provide habitat for wildlife and to afford limited public access.

“Buildable area” means the area of a lot remaining after the minimum yard setbacks, open space, critical area buffers, and all other requirements have been met.

“Buildable site” means the buildable area necessary for a structure.

“Building” means any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods or materials of any kind.

“Building height” means the vertical distance from the average elevation of the actual or proposed finished grade to the top of the highest roof beams on a flat or shed roof, the deck level on a mansard roof and the average distance between the eaves and the ridge level for gable, hip and gambrel roofs.

“Building official” means the individual designated by Chelan County to enforce the provisions of the international codes.

“Bulb” means a round area for vehicle turnaround typically located at the end of a cul-de-sac street.

“Cabin” means a permanent structure which provides basic accommodation for temporary use.

“Caliper” means the trunk diameter of a tree measured six inches above the ground for trees up to four inches in size, and twelve inches above the ground for larger trees.

“Camp site” means a specific area within an RV park or campground that is set aside for use by a camping unit.

“Campground” means any parcel or tract of land under the control of any person, organization, or governmental entity wherein two or more recreational vehicle, recreational park trailer or other camping unit sites are offered for the use of the public or members of an organization.

“Camping unit” means any portable structure, shelter or vehicle designed and intended for occupancy by persons engaged in camping. The basic units are: recreational vehicle, tent, portable camping cabin, teepee, yurt, or other portable shelter.

“Carport” means an accessory building or portion of a main building used as a covered shelter for an automobile and open on two or more sides.

“Churches and religious facilities” means buildings or structures, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses such as daycare and schools.

“Citation” means a written order issued by the administrator imposing a fine for failure to abate a civil code violation(s).

“Civil code violation” means any act or omission contrary to any ordinance, resolution or regulation regulated by this title or an act or omission contrary to the conditions of any permit, notice and order, or stop work order issued pursuant to any such ordinance, regulation or resolution regulated by this title. Each civil code violation shall constitute a separate infraction for each and every day or portion thereof during which a violation is continued.

“Clear view triangle” shall consist of the area bounded by the centerlines of the intersecting streets extending along the centerlines for a distance of eighty feet from the intersection and a straight line connecting the ends of these two lines; provided, that each of the intersecting streets extend at least one hundred feet from the point of intersection.

“Clearing” means the destruction and removal of vegetation by burning, mechanical, or chemical methods.

“Closed record appeal” means an appeal on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.

“Cluster development” means the arrangement or grouping of lots on an overall parcel or parcels to increase densities on some portions of the property to preserve the rest of the parcel for open space, forest or agricultural use, recreation or preservation of environmentally sensitive areas or for future development if zoning regulations allow.

“Collector” means a county road classification designated by average daily traffic or other local jurisdiction criteria.

“Co-location” means the use of a single antenna support structure, alternative antenna support structure, or underground conduit or duct, by more than one wireless communication service provider to accommodate wireless communications facilities of two or more wireless communications service providers.

“Commercial amusement/recreation facilities” means establishments engaged in providing entertainment or recreation for a fee and including, but not limited to, such activities as dance halls; studios; theatrical productions; bands; orchestras; bowling alleys; billiard establishments, arenas, rinks; membership sports and health clubs, swimming pools; expositions; game parlors; amusement parks; racetracks; and golf courses.

“Commercial feed lot” means a confined area or structure used for feeding, breeding or holding livestock for eventual sale or slaughter and in which animal waste accumulates faster than it can naturally dissipate without creating a potential for a health hazard, particularly with regard to surface and groundwater; but not including barns, pens or other structures used in a dairy operation or structures on farms holding livestock primarily during winter periods.

“Commercial use” means any activity involving the sale of goods or services carried out for profit.

“Communication tower” means any tower, pole, mast, whip, antenna, or any combination used for radio, television, cellular, or microwave telecommunications broadcast transmission or line-of-sight relay, including amateur radio service.

“Comprehensive plan” means any map, plan, or policy statement pertaining to the development of land use, streets and roads, or public utilities and facilities, for all or any portion of the unincorporated territory of Chelan County which has been officially adopted by the county commissioners of Chelan County.

“Conditional use” means a use permitted only after demonstrating that such use, in the specified location, will comply with all conditions and standards or operation of the use as specified in Chelan County Code and by the hearing examiner.

“Confined aquifer” means a section of an aquifer overlain by low-permeability strata that lower the probability of ground water contamination from surface sources. A highly confined aquifer will receive very little leakage from the confining strata, but may be subject to artificial penetrations such as abandoned boreholes. Depending on (A) the presence of permeable pathways and/or (B) the existence of certain hydrogeologic conditions, contamination is possible.

“Conservancy environment” (as defined and designated in the shoreline master program use regulations of Chelan County) means an area characterized by a potential for diffuse outdoor recreation activities, timber harvesting on a sustained yield basis, passive agricultural uses such as pasture and range lands, and other related development.

“Conservation easement” means a legal agreement between a landowner and a conservation organization or agency which transfers development rights to the conservation organization or agency for the purpose of protecting environmentally significant land.

“Contaminant” means any chemical, physical, biological, or radiological substance at concentrations and duration as to be injurious to human health or welfare or shown to be ecologically damaging.

“Contaminant loading potential” means the degree to which the activities of a business or industry could contaminate an aquifer recharge area based upon the type of materials that are used, handled or stored on-site.

“Contractor’s storage yard” means an area used for the storage and routine maintenance of construction equipment, construction vehicles and material pertinent to the primary business activity.

“Cottage industry” means small-scale industrial, commercial, or service operations, on a parcel where the operator resides; frequently with an art or craft orientation or related to information processing or the natural resources of the area. However, it may be of any type, so long as the scale of the operation is in keeping with the surrounding area and off-site impacts are compatible in intensity to those generated by residential use allowed in the zone.

“County” means Chelan County.

“County engineer” means the Chelan County engineer or authorized representative.

“Critical areas” include the following areas and ecosystems:

(A) Wetlands;

(B) Areas with a critical recharging effect on aquifers used for potable water;

(D) Frequently flooded areas; and

(E) Geologically hazardous areas.

“Critical material” means a substance present in sufficient quantity that its accidental or intentional release would result in the impairment of the aquifer water to be used as potable drinking water.

“Cul-de-sac” means a short street having one end open to traffic and the other temporarily or permanently terminated by a vehicle turnaround.

“Day nursery and nursery school” means a facility which is primarily engaged in educational work with preschool children and in which no child is enrolled on a regular basis for more than four hours a day.

“Daycare center” means a center for the care of thirteen or more children during part of the twenty-four-hour day.

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

“Daycare, family home” means any day nursery or nursery school operation located within a single-family residence regularly used for the daycare of a group of children, not to exceed twelve children, for periods of less than twenty-four hours, apart from their parents or guardians, governed by the state daycare center licensing provisions and conducted in accordance with state requirements.

“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to him 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.

“Density” means the number of dwelling units per unit of land.

“Department” means the Chelan County community development department or the department of public works, as required.

“Dependant care housing” means temporary housing provided to assist in the care of persons in need of special assistance by reason of advanced age, infirmity or disability.

“Design speed” means the speed approved by the county engineer or designee for the design of the physical features of a road as established by Sections 3-201, 3-202, and 3-203 for residential and commercial access streets or equal to five miles per hour above the current or expected posted speed limit for arterials.

“Developed open space” means a landscaped area maintained for the purpose of human activity, including, but not limited to, parks, bridal paths, play fields, playgrounds, golf courses, arboretums, botanical gardens, non-motorized trails and other similar uses, including uses and structures that are accessory and supportive of the primary open space activity. Driving ranges are not considered developed open space unless operated accessory to a golf course.

“Developer” means any person, firm, partnership, association, joint venture or corporation, or any other entity, who undertakes to improve residential, commercial, or industrial property or to subdivide for the purpose of resale and profit.

“Development” means the construction or exterior alteration of a structure or structures, dredging, drilling, dumping, filling, removal of natural resources or vegetation, placing of obstructions, any project of a permanent nature or changes in the use of land or preparation for the change of use of land except as allowed by the provisions of this title.

“Development agreement” means an agreement which sets forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement.

“Development, major” includes the following or similar land uses: three residential dwelling units or greater, feed lots, mine development, active recreation, commercial and industrial structures greater than one thousand five hundred square feet in size, short subdivisions three lots or greater in size, major subdivisions, conditional use permits which have the potential to have moderate or high levels of impact to fish and wildlife conservation areas, and planned developments.

“Development, minor” includes the following or similar uses: home occupations and daycare facilities, dependent care housing, bed and breakfasts, agricultural uses, signage, single-family dwelling units, duplexes, commercial and industrial structures smaller than one thousand five hundred square feet in size, residential lot segregations in the interim commercial agricultural district, two lot short plats, accessory structures, drainage of natural ponds, and alteration of land or vegetation that is not exempt under this chapter or defined as major development, which may or may not include SEPA review.

“DHV” means design hourly volume as determined by the latest edition of the Trip Generation Manual as published by the Institute of Transportation Engineers.

“Direct marketing” means any marketing method whereby farmers sell their products directly to consumers.

“Director” means the director of the Chelan County department of community development. Synonymous with administrator.

“Dock/pier” means a structure extending into navigable water for use as a landing place or promenade.

“Dock/pier, community” means a structure extending into navigable water for use as a landing place or promenade servicing more than three residences and/or serving a commercial function.

“Drive-thru espresso stand” means a commercial coffee/beverage business utilizing a driveway to accommodate the business transaction from one’s car. Additionally, a drive-thru espresso stand may include, as an incidental use, a walk-up window to serve pedestrian and nonvehicular customers.

“Driveway” means a privately maintained access to residential, commercial, or industrial properties.

“Duplex” means a building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.

“Dwelling” means a building or portion thereof that is used for human habitation.

“Dwelling, multifamily” means a building containing three or more dwelling units, including units that are located over the other.

“Dwelling, single-family” means a building containing one dwelling unit and that is not attached to any other dwelling by any means and is surrounded by open space or yards.

“Dwelling unit” means one or more rooms designed, occupied or intended for occupancy as a separate living quarters with sleeping, sanitary facilities and kitchen facilities provided within the dwelling unit for the exclusive use of a single household.

“Easement” means a right to use land for a specific purpose or purposes and held by persons or entities other than the owner.

“Eating and drinking establishment” means a retail establishment where food (prepared off-site) and/or drink is sold for consumption.

“Emergency” means a situation which the administrator determines requires immediate action to prevent or eliminate a threat to the health or safety of persons, property or the environment.

“Emergency exemption” means an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with this code.

“Endangered species (federal)” means those species listed by federal agencies under the federal register for the Endangered Species Act of 1973, as amended, as endangered species.

“Endangered species (state)” means those species listed by state agencies as endangered species pursuant to WAC 232-12-014, as amended.

“Engineer” means an individual licensed as a civil engineer pursuant to Chapter 18.43 RCW.

“Engineer, professional” means a professional engineer licensed to practice in the state of Washington.

“Engineering geology” means a specialty of geology affecting the planning, design, operation, and maintenance of engineering works and other human activities where geological factors and conditions impact the public welfare or the safeguarding of life, health, property, and the environment.

“Enhanced on-site sewage system” means a system determined by the Chelan-Douglas health district to have natural or designed features providing a fifty percent increase in phosphate soil binding sites above what would otherwise be provided by minimal compliance with Chelan-Douglas health district requirements, or an equivalent means of phosphate reduction.

“Environmental health standards” means those rules and regulations for the provision of adequate water and sewage treatment facilities in Chelan County that have been adopted by the district board of health of the Chelan-Douglas health district.

“Equipment enclosure” means a small structure, shelter, cabinet, box or vault designed for and used to house and protect the electronic equipment necessary and/or desirable for processing wireless communications signals and data, including any provisions for air conditioning, ventilations, or auxiliary electricity generators.

“Erosion” means the wearing away of the earth’s surface as a result of the movement of wind, water, or ice.

“Erosion control, permanent” means the continuous on-site and off-site control measures that are needed to reasonably control conveyance or deposition of earth, turbidity or pollutants after development, construction or restoration.

“Erosion control, temporary” means the on-site or off-site control measures that are needed to reasonably control conveyance or deposition of earth, turbidity, or pollutants during development, construction or restoration.

“Essential public facilities” means those facilities typically difficult to site, such as airports, state educational facilities, state and regional transportation facilities, correctional facilities, solid waste handling facilities, substance abuse treatment centers, etc.

“Exemption” means certain specific developments are exempt from the definition of development and are therefore exempt from the development permit process.

“Extirpated plant” means a plant that has been pulled up or removed by the roots.

“Extremely gravelly” means equal to or greater than sixty percent gravel and coarse fragments by volume.

“Eyebrow” means a partial bulb located adjacent to the serving road that provides access to lots and serves as a vehicle turnaround.

“FAA” means the Federal Aviation Administration.

“Family daycare home” means a home that regularly provides care during part of a twenty-four-hour day to twelve or fewer children.

“FCC” means the Federal Communications Commission.

“FDC” means fire department connection.

“Fence” means an artificially constructed barrier of an approved material or combination of materials erected to enclose, screen, or separate areas.

“Fertigation” means mechanical distribution of fertilizer through an irrigation system.

“Fill, fill material” means a deposit of material placed by human or mechanical means.

“Filling” means the act of placing (by any manner or mechanism) fill material from, to, or on any soil surface, sediment surface, or other fill material.

“Final plat” means the final drawing of the subdivision and dedication prepared for filing for record with the Chelan County auditor and containing all elements and requirements set forth in Chapter 58.17 RCW, as amended, and in this code.

“Fire apparatus access road” means any road or driving surface, whether public or private, that is used to meet the access requirement of the currently adopted edition of the International Fire Code.

“Fire area” means the floor area, in square feet, used to determine the required fire flow.

“Fire department” means the office of the county fire marshal.

“Fire flow” means the rate of water delivery needed for the sole purpose of fighting fires.

“Fire hydrant” means a mechanical device which is self-draining, frost free, and is constructed to provide the required fire flow for the area serviced.

“Fire hydrant, private” means a fire hydrant which is situated and maintained so as to provide water for fire fighting purposes with restrictions as to its use or accessibility by the public.

“Fire hydrant, public” means a fire hydrant which is dedicated or otherwise permanently appropriated to the public for public use.

“Fire marshal” means the appointed Chelan County fire marshal.

“Floodplain” includes all lands subject to flooding as depicted on the flood insurance rate maps (FIRM) and the floodway maps as published and from time to time amended by the Federal Emergency Management Agency (FEMA).

“Floodway” means the primary channel of the river or other watercourse that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

“Floodway fringe” means the portion of a riverine floodplain beyond the limits of the floodway. Here, flood waters are generally shallow and slow moving.

“Floor area” means the area included within the surrounding exterior walls of a building or portion thereof. The floor area of a building, or portion thereof, not provided with surrounding exterior wall shall be the usable area under the horizontal projection of the roof or floor above.

“Food and beverage service” means on-site preparation, service and consumption of food and beverages for activities and uses that are accessory to places of public and private assembly, wineries and other similar uses.

“Forest practice” means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, including but not limited to: road and trail construction; harvesting, final and intermediate; precommercial thinning, reforestation; fertilization; prevention and suppression of diseases and insects; salvage of trees; and brush control. “Forest practices” shall not include preparatory work such as tree marking, surveying and road flagging, and removal or harvesting of incidental vegetation from forest lands such as berries, ferns, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally be expected to result in damage to forest soils, timber, or public resources.

“Forest products processing facility” means a facility which adds value to or processes timber and other forestry goods, including but not limited to cutting, drying, splitting, shaking, pulping, or forming.

“Forestry support services” means any nonforestry use which is directly related to forestry and directly dependent on forestry for its existence. These support services exist within districts that are intended to facilitate the production, marketing and distribution of forest products, such as, but not limited to, equipment repair, trucking operations and equipment rental.

“Frequently flooded area” means an area subject to flooding, as defined by FIRM, once every one hundred years.

“Frontage” denotes the property line which abuts the principal means of access to the property.

“Functional classification” identifies the relative importance of the mobility and access functions for that roadway. Determines the design criteria for proposed roadways within Chelan County.

“Geologically hazardous areas” means areas susceptible to erosion, sliding, earthquake, or other geological events.

“Geologist” means a person who has a bachelor of science degree in geologic sciences or a related field from an accredited college or university and has a minimum of five years of related experience.

“Geologist, engineering” means a geologist who, by reason of his or her knowledge of engineering geology, acquired by education and practical experience, is qualified to engage in the practice of engineering geology, has met the qualifications in engineering geology under Chapter 18.220 RCW, and has been issued a license in engineering geology.

“Geo-technical engineer” means a practicing professional/civil engineer licensed as a professional civil engineer with the state of Washington, with professional training and experience in geo-technical engineering, including at least five years’ professional experience in evaluating geologically hazardous areas.

“Grade” means the average elevation of the finished ground level at the center of all walls of the building.

“Grading” means any excavating, filling, cleaning, leveling, or contouring of the ground surface by human or mechanical means.

“Gravelly, high” means equal to or greater than thirty-five percent and less than sixty percent gravel and coarse fragments, by volume.

“Ground water management program” means a comprehensive program designed to protect groundwater quality, to assure ground water quantity, and to provide for efficient management of water resources while recognizing existing ground water rights and meeting future needs consistent with local and state objectives, policies and authorities within a designated ground water management area or subarea and developed pursuant to Chapter 173-100 WAC.

“Groundcover” means low growing evergreen or deciduous plants, typically less than twenty-four inches in height at maturity, that provide relatively complete ground coverage beneath the foliage.

“Guest house” means an accessory building designed, constructed, and used for the purpose of providing temporary sleeping accommodations for guests, or for members of the same family as that occupying the main structure.

“Guest inn” means a facility with one kitchen, a shared dining area, with not more than a total of six lodging units, which are available within a single-family residence and/or cabin outbuildings providing short-term lodging for paying guests.

“Habitable space” means space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.

“Habitat management and mitigation plan” means a plan developed by a project proponent for the purposes of addressing how the effects of the project on surrounding habitat will be avoided or mitigated.

“Half-street” means a street constructed along the common right-of-way and development property line, utilizing a portion of the existing roadway.

“Hazardous substance processing or handling” means the use, storage, manufacture, or other land use activity involving hazardous substances in applications or quantities larger than is typical of household use.

“Hazardous substance(s)” means any liquid, solid, gas, or sludge, including any materials, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste; and including waste oil and petroleum products.

“Hazardous waste” includes all dangerous waste and extremely hazardous waste as designated pursuant to Chapter 70-105 RCW and Chapter 173-303 WAC.

(A) “Dangerous waste” means any discarded, useless, unwanted, or abandoned substances including, but not limited to, certain pesticides, or any residue or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:

(i) Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties; or

(ii) Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means.

(B) “Extremely hazardous waste” means any waste which:

(i) Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic make-up of humans or wildlife; and

(ii) Is disposed of at a disposal site in such quantities as would present an extreme hazard to humans or the environment.

“Hazardous waste treatment and storage facility” means a facility that treats and stores hazardous waste and is authorized pursuant to Chapter 70.105 RCW and Chapter 173-303 WAC.

“Highly permeable soils” include soil types 1A, 1B and 2A from Table II, Soil Textural Classification, WAC 246-272-11001. 1A: Very gravelly coarse sands or coarser, all extremely gravelly soils. 1B: Very gravelly medium sand, very gravelly fine sand, very gravelly very fine sand, very gravelly loamy sands. 2A: Coarse sands (also includes ASTM C-33 sand).

“Home-based business” means a limited-scale contracting, service or fabrication business operating from an established residence or residential accessory building where the business is subordinate to the primary use of the premises as a residence occupied by the operator.

“Home occupation” means a lawful occupation carried on entirely within a primary residential building as a clearly secondary use involving the occupant(s) thereof. Transacting wholesale-retail establishments are not considered home occupations.

“Hospital” means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical and mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences.

“Impervious surface” means any surface that prevents or retards the infiltration of water into the soils directly below it. Such surfaces include, but are not limited to, rooftops, asphalt or concrete paving, driveways, parking lots, walkways, patio areas, compacted and similar surfaces which affect the natural infiltration and runoff patterns.

“Impoundment” means a body of water, such as a pond, confined by a dam, dike, floodgate or other barrier.

“Industrial park” means a tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses with special attention to circulation, parking, utility needs and compatibility.

“Inert waste” means substances defined by WAC 173-350-990, such as construction, that have not been tainted, through exposure from chemical, physical, biological, or radiological substances, such that they present a threat to human health or the environment greater than that inherent to the material. These may include cured concrete, asphaltic materials that have been used for structural and construction purposes, brick and masonry, ceramic materials, glass, stainless steel and aluminum, and other items which are not capable of catching fire and burning from contact with flames, and maintain physical and chemical structure under expected conditions of storage.

“Inert waste site” means a site in which construction, demolition or yard waste and/or inert material such as aggregate, soil, wood, vegetation, etc., is dumped and covered with soil or other suitable material or composted. Said wastes shall not include hazardous or toxic material.

“Infill” means the development of new housing or other buildings on scattered vacant sites in a built-up area.

“Injection well” means a well that is used for the purpose of subsurface emplacement of fluids, as per Chapter 178-218 WAC.

“Intervening ownership in riparian buffers” means legal lots of record within riparian buffers which are separated from being adjacent to rivers, streams or lakes by an intervening legal lot of record; and provided, that such intervening legal lot of record is: a buildable lot adequate in size for the purposes of the placement of a single-family home or cabin or other structures of similar size or greater; or the legal lot of record is utilized as a public or private road or railway.

“Isolated cottage industry” means an industry operated primarily by family members.

“Isolated nonresidential use” means a commercial, retail or industrial business in existence prior to July 1, 1990.

“Isolated small scale businesses” means businesses created to export services or products and not designed to service local needs; may include manufacturing/assembly, research facilities, telemarketing, online/telephone sales and services.

“Joint-use driveway tract” means a jointly owned and maintained tract or easement serving two properties.

“Junk” means storage or accumulation of inoperable motor vehicles or equipment, vehicle or equipment parts, used lumber and building materials, pipe, appliances, demolition waste, or any used material.

“Junkyard” means any area, lot, parcel, building, structure or part thereof used for the storage, collection, processing, purchase, sale, salvage or disposal of scrap, junk or reclaimable material.

“Kennel” means a lot or building in which four or more dogs, cats or animals at least four months of age are kept commercially for board, propagation, training or sale.

“Kitchen facility” means an area within a building intended for the preparation and storage of food.

“Land,” as a beginning point for determining subdivision, shall mean all contiguous metes and bounds real property in one ownership; platted lots of record.

“Land use, high intensity” means land uses which are associated with moderate or high levels of human disturbance or substantial wetland or riparian habitat impacts including, but not limited to, medium and high density residential, multifamily residential, active recreation, and commercial and industrial land uses.

“Land use, low intensity” includes single-family residential and related accessory structures and home occupational uses, uses that are associated with low levels of human disturbance or low wetland or riparian habitat impacts including but not limited to agriculture or forest management uses.

“Landfill” means a disposal facility or part of a facility which includes the permanent placement of hazardous or dangerous waste, solid waste, special waste, wood waste, inert and demolition waste landfills or unlined surface impoundments.

“Landing” means a road or driveway approach area to any public or private road.

“Landscaping” means any combination of grass, groundcover, shrubs, vines, hedges, trees, or other plant materials and nonliving materials used to enhance existing site conditions.

“Latecomer’s agreement” means a written contract between the county and one or more developers providing partial reimbursement for cost of construction of street system improvements and/or utility system improvements to the developer by owners of property who are likely to utilize the improvements and who did not contribute to the original cost of construction.

“Legal lot of record” means:

(A) A lot created by a recorded subdivision or short subdivision; or

(B) A lot greater than twenty acres in size meeting the requirements for an exempt parcel as defined in the Chelan County subdivision code; or

(D) A lot created prior to October 17, 2000.

“Livestock” means domestic animals of types customarily raised or kept on farms for profit or other purposes, including cattle, bison, sheep, goats, swine, horses, mules, llamas, ostriches and other like animals.

“Loading space, off-street” means space logically and conveniently located and scaled to accommodate bulk and delivery trucks for the use.

“Lodging facilities” means establishments providing transient sleeping accommodations and may also provide additional services such as restaurants, meeting rooms and banquet rooms. Such uses may include, but are not limited to, hotels, motels and lodges greater than six rooms.

“Lodging unit” means one self-contained unit designated by number, letter or some other method of identification.

“Long-term commercial significance” means the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land’s proximity to population areas, and the possibility of more intense uses of the land.

“Loop” means a road of limited length forming a loop, having no other intersecting road, and functioning mainly as direct access to abutting properties that may be designated for one-way or two-way traffic.

“Lot” means a fractional part of divided lands having fixed boundaries. The term shall include tracts and parcels.

“Lot area” means the total area within the lot lines of a lot, excluding any street right-of-way.

“Lot, corner” means a lot or parcel of land abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than one hundred thirty-five degrees.

“Lot coverage” means the ratio of the surface area measured by the exterior walls of the ground floor of all principal and accessory structures and decks, patios, etc., on a lot to the total lot area, as measured on a horizontal plain.

“Lot depth” means the average horizontal distance between the front lot line and the rear lot line. For the purposes of Chapter 11.78 and 11.80, lot depth is measured at the maximum and minimum points perpendicular to the opposing property line(s) or the ordinary high water mark, where the parcel is dissected by the water body. In the case of triangular or irregularly shaped lots where the minimum measurement would be zero, the common line setback, unless otherwise designated by the administrator or a hearing body, shall be determined with a line ten feet in length within the lot parallel to and at the maximum distance from the front lot line.

“Lot line” means a line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.

“Lot line, front” means the lot line separating a lot from a street right-of-way or other primary means of vehicular access. In the case of a corner lot, the shortest property line along a street, other than an alley, shall normally be the front lot line.

“Lot line, rear” means the lot line opposite and most distant from the front lot line.

“Lot line, side” means any lot line other than the front or rear lot line.

“Lot, reverse frontage” means a lot that has two opposite sides abutting two parallel or approximately parallel streets.

“Lot width” means the horizontal distance between the side lot lines of a lot, measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback.

“Major subdivision” means a division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale or the transfer of ownership.

“Manufactured home” means a single-family dwelling constructed after June 15, 1976, in accordance with the U.S. Department of Housing and Urban Development (HUD) requirements; and designed for transportation after fabrication in one or more sections on its own chassis and wheels.

“Manufactured home, designated” means a manufactured home that meets the following:

(A) Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six 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.

“Manufactured/mobile home park” means a site, lot, or tract of land under the management of one person, firm, or corporation intended for the occupancy of three or more manufactured/mobile homes for dwelling or sleeping purposes. This definition does not include parks for the location of recreational vehicles.

“Mapped point location” means generally but not limited to an individual occurrence, breeding location, communal roost or haul-out site for a state priority species, as identified by the priority habitats and species database and wildlife heritage database.

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

“Meeting, public” means an informal meeting, hearing, workshop or other public gathering to obtain comments from the public or other agencies on an application, proposed action or issue of community interest. A public meeting does not constitute an open record hearing.

“Mineral extraction, long-term” means any activity which utilizes the extraction, processing and sale of commercial and noncommercial mineral resources. “Long-term” shall mean for a duration of greater than six years.

“Mineral extraction, short-term” means any activity which utilizes the extraction, processing, and sale of commercial and noncommercial mineral resources. “Short-term” shall mean for a duration of six years or less.

“Mineral resource activity” means any activity which utilizes the storage, extraction, processing and sale of commercial and noncommercial mineral resources. Such activities may include, but are not limited to, stockpiling, crushing, sorting, batching of asphalt or concrete, preparation of a mining site for operation, ore extraction and reclamation of a mining site.

“Mineral resource materials” means rock, gravel, sand and metallic and nonmetallic substances of commercial value.

“Mini-storage facility” means a facility including buildings segregated into storage cubicles used exclusively for the storage of property and outdoor storage of vehicles and boats.

“Mining” means the act of extraction from the earth minerals and/or ores (including sand and gravel) via open pit, shaft, leaching or hydraulic methods.

“Mitigation” means the act of or agreement to minimize impacts by limiting the degree or magnitude of the action and its implementation.

“Mixed use development” means the development of a tract of land, building, or structure with a variety of complementary and integrated uses, such as, but not limited to, residential, office, manufacturing, retail, public or entertainment in a compact urban-like form.

“Mobile home” means a single-family dwelling unit constructed prior to June 15, 1976, designed on a permanent chassis, transportable in one or more sections that are eight feet or more in width and thirty-two feet or more in length.

“Modular home” means a manufactured structure designed for initial movement in whole or units without benefit of an undercarriage frame or wheels to a site of permanent placement on a full perimeter foundation. A modular home constructed to international codes standards and bearing the gold insignia from the Washington State Department of Labor and Industries shall be considered a single-family dwelling and not a manufactured/mobile home.

“National Wetlands Inventory Maps” means those maps provided to the county by the United States Department of the Interior which depict those areas which, based on aerial photography and soils data, have a strong likelihood of containing a wetland.

“Native vegetation” means vegetation indigenous to, or originating naturally in Chelan County or north central Washington.

“Natural environment” (as defined and designated in the shoreline master program use regulations of Chelan County) means an area containing some unique natural or cultural features considered valuable in a natural or original condition which are relatively intolerant of intensive human uses.

“Natural resource support facility” means any facility that provides equipment, supplies and/or service to industries and operations that are involved in mineral resource, timber, agriculture and other activities related to natural resources. Such facilities may include, but are not limited to, equipment sales and service, chemical sales and technical support, and processing of resource materials.

“Neighborhood-oriented commercial” means a commercial area providing convenience goods and services for the residents of the surrounding area.

“NFPA” means the National Fire Protection Association.

“Noncompliance” means when an activity or use is not in conformity with current rules and regulations.

“Nonconforming” 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 current requirements of the zoning district.

Normal Maintenance and Repair.

(A) “Normal maintenance” means those acts to prevent a decline, lapse, or cessation from a lawfully established condition.

(B) “Normal repair” means to restore a development to a state comparable to its original condition within a reasonable period after decay or partial destruction except where repair involves total replacement which is not common practice or causes substantial adverse effects to the shoreline resource or environment (WAC 173-27-040(1)(b)).

“Notice and order” means a written notice declaring that a code violation(s) has occurred which specifies the action required to abate the violation and the civil fine for failure to comply with the notice and order.

“Noxious weeds” means those plants that are non-native, highly destructive and competitive as defined in Chapter 17.10 RCW, as now or hereafter amended.

“Nursery” means land or structures, such as greenhouses, used to raise plants, flowers and shrubs for sale.

“Off-street parking space” means an area accessible to vehicles, exclusive of roadways, sidewalks, and other pedestrian facilities, that is improved, maintained, and used for the purpose of parking a motor vehicle on a dedicated street right-of-way.

“Omission” means a failure to act.

“On center (O.C.)” means a method of measurement to indicate plant spacing whereby the measurement is taken from the center of one plant to the center of the next. As used in this title for trees, average spacing “on center” is used for calculating the minimum number of trees necessary to meet the planting requirements and does not necessarily refer to the specific location or relative special arrangement of the trees.

“On-farm retail sales” means a secondary, subordinate and supplemental element of the operation of an ongoing commercial agriculture activity as defined by RCW 84.34.020(2).

“Open record hearing” means a hearing that creates the record through testimony and submission of evidence and information. An open record hearing may be held on an appeal if no open record hearing has previously been held on the application.

“Open space” means any parcel or area of land essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment.

“Ordinary high water mark (OHWM)” means a mark on all lakes, streams, and tidal waters that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the Department of Ecology; provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining fresh water shall be the line of mean high water. RCW 90.58.030(2)(b).

“Parcel” means a tract, lot or plat of land of any size which may or may not be subdivided or improved.

“Park and ride facility” means a parking area designed for drivers to leave their cars and use mass transit or other ride sharing which begins or ends at the park and ride facility.

“Parking area” means any area designed and used for parking motor vehicles including parking lots, garages, private driveways, and legally designated areas of public streets.

“Parking space” means a space for the parking of a motor vehicle within a parking area.

“Pavement width” means the paved area on shoulder-type roads or paved surfaces between curb, thickened edge or gutter flow line on all other roads.

“PCT” means Pacific Coast Thread.

“Perennial” means containing water continuously year-round.

“Permeability” means the property or condition of being able to pass liquids and gases through a soil or other geologic formation; also the rate of flow of that liquid or gas through the soil or other geologic formation.

“Permitted use” means any use allowed outright in a zoning district.

“Person” means any individual, firm, association, partnership, corporation, or any entity, public or private.

“Personal and professional services” means establishments engaged in providing services involving the care of a person, personal goods or providing services based on a recognized profession.

“Pipe stem” means a strip of land having a width narrower than that of the lot or parcel to be served and is designed for providing access to that lot or parcel. Also known as a flag lot.

“Place of habitation” means a building used in whole or in part as habitable space.

“Place of public/private assembly” means a building or space used in whole or in part for the gathering together of persons for such purposes as deliberation, entertainment, amusement, socializing, or awaiting transportation; such uses include, but are not limited to, meeting halls, clubhouses, grange, cinemas, and theaters.

“Planned unit development (PUD)” means an area of a minimum contiguous size to be planned, developed, operated, and maintained as a single entity and containing one or more structures with appurtenant/supportive common areas.

“Planning commission” means the Chelan County planning commission.

“Plat” means a map or representation of a subdivision, showing thereon the division of land into lots, blocks, streets and alleys or other divisions, dedications and information.

“Plat, final” means the final drawing of a subdivision and dedication prepared for filing with the county auditor and containing all elements and requirements as set forth in Title 12 of the Chelan County Code and Chapter 58.17 RCW.

“Plat, preliminary” means a neat, approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks and other elements of a subdivision consistent with Chapter 58.17 RCW and codes.

“Plat, short” means a map or representation of a short subdivision.

“Primary association” means use of a habitat area by a species regulated by Chapter 11.78 for rearing young, roosting, feeding, breeding, vulnerable aggregations, migration or foraging on a regular basis during the appropriate season.

“Principal, 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.

“Priority habitats” means habitats which include one or more of the following attributes: comparatively high fish and wildlife density, comparatively high fish and wildlife diversity, important fish and wildlife breeding habitat, important fish and wildlife seasonal ranges, important fish and wildlife movement corridors, limited availability, high vulnerability to habitat alteration, and/or unique or dependent species. These habitats may include: Aspen stands, caves, cliffs, instream habitat, Juniper Savannah, old growth/mature forests, prairies and steppe, riparian areas, rural natural open space, shrub steppe (large blocks), shrub steppe (small blocks), snags, talus, urban natural open space, and freshwater wetlands and deepwater.

Property Line. See “Lot line.”

“Prosecuting attorney” means the Chelan County prosecuting attorney.

“Protective improvements” means project-specific facilities such as storm water detention ponds, natural floodways, fences designed to protect the public from hazardous areas and similar improvements and facilities.

“Public facility, high impact” means a building or structure owned and operated by a public agency to provide a governmental service to the public. Such uses shall include, but are not limited to, composting facility, utility substations, solid waste transfer station, equipment storage/maintenance yard.

“Public facility, low impact” means a building or structure owned and operated by a public agency to provide a governmental service to the public. Such uses shall include, but are not limited to, unoccupied emergency services buildings, transit shelters, rest areas and interpretive sites.

“Qualified ground water scientist” means a hydrogeologist, geologist, engineer or other scientist who meets all of the following criteria:

(A) Has received a baccalaureate or post-graduate degree in the natural sciences or engineering; and

(B) Has sufficient training and experience in ground water hydrology and related fields as may be demonstrated by state registration, professional certifications, or completion of accredited university programs that enable that individual to make sound professional judgments regarding ground water vulnerability.

“Qualified professional wetland biologist/consultant” means the holder of at least a four-year degree in science with specific or related fields with course work in wetland ecology, hydrology or soils science with at least two years of professional experience in wetland delineation, functional assessment and mitigation.

“Recreational development” means development that may include, but is not limited to, campgrounds, RV parks, developed swimming beaches or similar types of uses.

“Recreational vehicle” means a vehicular unit primarily designed as temporary living quarters for recreational, camping, or travel use and that is certified as a recreational vehicle (RV) by the Department of Labor and Industries.

“Recreational vehicle park/campground” means any lot or parcel of land upon which two or more recreational vehicle, camp sites, and/or lodge or cabin units, as allowed, are located, established, or maintained for occupancy by recreational vehicles as temporary living quarters for recreation or vacation purposes.

(A) “Major recreational vehicle (RV) parks/campgrounds” means developed campgrounds having more than fifty camp or RV sites, cabins and/or lodge units as allowed.

(B) “Minor recreational vehicle (RV) parks/campgrounds” means developed campgrounds having fifty or fewer camp or RV sites, cabins and/or lodge units as allowed.

“Recreational vehicle, park model trailers” means recreational vehicles used primarily as destination camping units and regulated consistent with other recreational vehicles.

“Redevelopment” means any land-disturbing activity occurring on existing developed property.

“Remote industrial use” means those industrial uses which cannot be sited in urban areas or rural industrial districts due to noise, odor, or operational characteristics.

“Rent-a-tree operation” means arrangements where customers rent or lease trees from farmers.

“Repeat violation” means any civil code violation of the same ordinance, resolution or regulation in any location by the same person for which voluntary compliance has been sought within five years or a notice and order, stop work order or citation has been issued within five years; or a violation of a condition stated on a permit.

“Reserve easement” (or dedication) is a strip of land between a subdivision boundary and a street within an approved subdivision, the control of which is deeded or dedicated to the county as a nonaccess right-of-way.

“Resource agencies” means those various federal, state and local agencies and organizations whom the county relies upon for technical expertise and comment.

“Restaurant” means an establishment where food and drink are prepared and served on-site and may be consumed on- or off-site.

“Restoration” means to revitalize or reestablish characteristics and processes of a wetland or fish and wildlife habitat area which have been diminished or lost by past alterations, activities, or catastrophic events.

“Retail sales” means establishments engaged in selling goods or merchandise to the general public for personal or household consumption and customary auxiliary uses and services incidental to the sale of such goods.

Retail Space. See “Retail sales.”

“Retaining wall” means a structure or barrier constructed and erected between areas of different elevations to protect structures and/or prevent erosion.

“Revegetation” means to provide with a new vegetative cover composed of locally prescribed native vegetation in consultation with the applicable resource agencies.

“Right-of-way, ingress/egress” means land, property, or property interest dedicated, or under fee ownership, used primarily for transportation and associated land uses.

“Riparian” means relating to, living or located along the bank of a watercourse including ponds, lakes, perennial and intermittent streams, and rivers.

“Road” means a facility providing public or private access including the roadway and all other improvements inside the right-of-way. “Road” and “street” will be considered interchangeable terms for the purpose of these standards.

“Road, private” means a road intended for the use of one or more private individuals and is developed and maintained by those parties who benefit from its establishment.

“Road, public” means a road established and adopted by the proper authorities for use by the general public for vehicular circulation and a means of access to abutting properties. A road may serve as, but not be limited to, a location for public utilities, walkways, public open space and recreation area, cut and fill slopes, and drainage.

“Roadside stand” means a temporary use which is primarily engaged in the sale of fresh agricultural products, locally grown on- or off-site, but may include, incidental to fresh produce sale, the sale of limited prepackaged food products and non-food items. This use is to be seasonal in duration, open for the duration of the harvest season.

“Roadway” means that surfaced portion of a street or alley right-of-way that is improved for vehicular traffic only.

“Rural area” means those areas of the county outside of an urban growth area as depicted in the Chelan County comprehensive plan.

“Rural environment” (as defined and designated in the shoreline master program use regulations of Chelan County) means an area characterized by intensive agricultural and recreational uses and those areas having a high capability to support active agricultural practices and intensive recreational development.

“Rural tourism, recreational” means an experience involving visits to rural settings or rural environments for the purpose of participation in or experiencing activities, events or attractions not readily available in urbanized areas. These activities are not necessarily agricultural in nature.

“Sanitary landfill” means land upon which solid waste material consisting in whole or part of garbage, refuse, trash, rubbish, sludge or any other solid waste is dumped and covered with earth or other suitable material.

“Sedimentation” means the deposition and settling of loose transported material into an open water body through the action of erosion or land instability.

“Sensitive species (state)” means those species listed by state agencies as sensitive species pursuant to WAC 232-12-011, as amended.

“Service drive” means any driveway, accessway or easement designed and used primarily for the purpose of obtaining access to a service entrance or loading area of a building or structure.

“Setback” means the distance between the nearest load-bearing member of a structure to any lot line, as measured on a horizontal plane.

“Shoreline environment designations” means the categories of shorelines established by local shoreline master programs in order to provide a uniform basis for applying policies and use regulations within distinctly different shoreline areas.

“Shoreline substantial development” means any development on designated shorelines which meet the requirements of RCW 90.58.030.

“Shorelines of the state” means shorelines and shorelines of state-wide significance as defined in RCW 90.58.030.

“Short subdivision” means the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of lease, sale, or transfer of ownership.

“Shoulder” means the paved or unpaved portion of the roadway outside the traveled way that is available for emergency parking or nonmotorized use.

“Shrub” means a woody deciduous or evergreen plant with multiple stems or branches adapted for growth in Chelan County.

“Sign” means a display or device affixed to the ground, attached to a building or other structure using graphics, symbols, and/or written copy designed specifically for the display of a commercial or other advertisement to the public.

“Sign, directional” means any sign which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to which the public is directed.

“Sign, fascia” means a flat sign which projects one and one-half feet or less horizontally from the vertical face of a canopy awning or parapet upon which it is affixed, painted or attached, running parallel for its whole length to the face or wall of the building and which does not extend beyond the horizontal width of such wall awning or parapet.

“Sign, freestanding” means a sign not attached to or forming part of a building.

“Sign, illuminated” means a sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign.

“Sign, off-premises advertising” means a sign which advertises or promotes merchandise, services, goods, or entertainment which are sold, produced, manufactured or furnished at a place other than on the property on which said sign is located, or is available for rent or lease.

“Sign, off-premises directional” means a sign which directs persons to a premises different from where the sign is located. These signs typically include an address or street name or direction such as “two blocks south on the right.”

“Sign, on-premises advertising” means a sign which carries only advertisements related to a lawful use of the premises on which it is located, including signs or sign devices indicating the business transacted, services rendered, goods sold or produced on the premises, name of the business and name of the person, firm or corporation occupying the premises. “On-premises sign” also means a sign which contains religious, political, social and other noncommercial messages.

“Sign, portable” means any sign designed to move or be moved by a trailer or vehicle to advertise at different locations. Further, these signs include any sign which is not firmly fastened to a building or the ground.

“Sign, projecting” means a sign which projects more than one and one-half feet horizontally from the vertical face of a building, or parapet.

“Sign, rooftop” means a sign erected upon the roof of a building or canopy or a sign attached to a building which projects vertically above the roof, eave, awning or parapet; however, this does not include signs attached to the vertical face of a parapet, awning or canopy; providing the sign does not project above the vertical face of the parapet, awning or canopy to which it is attached.

“Sign, rotating” means a sign in which the sign itself or any portion of the sign moves in a revolving or similar manner.

“Sign, temporary” means any sign which is not permanently installed or affixed to any sign structure or building, and not displayed for longer than thirty days. In case of construction project signs, they may be maintained for the duration of the construction.

“Significant habitat block” means an area, or site in conjunction with an area, which is adequate in size to contain the sum of all environmental factors of a specific place necessary for the support and sustenance on a permanent or seasonal basis of a species, population or community.

“Silvicultural practices” means pertaining to the cultivation and care of forest trees.

“Site plan” means a written drawing illustrating a parcel of land, all existing and proposed structures, location of access, critical areas and the requested change to said areas.

“Slope” means the inclined ground surface of the entire parcel, the inclination of which is expressed as a ratio (percentage) of vertical distance to horizontal distance by the following formula:


vertical distance	= % slope
horizontal distance X 100

“Sludge” means the material pumped out of septic tanks, cesspools, seepage pits or other receptacles built and maintained to receive and collect sewage from buildings not connected to a sewer and, in addition, includes treatment residues from water treatment plants and municipal wastewater treatment plants.

“Small scale recreation and tourism” means a land use that relies on a setting to provide recreational or tourist use, including recreational center and commercial facilities to serve those uses, but that does not include new residential development. Small scale recreational and tourist uses are of a size or intensity which has minimal impacts on the surrounding area and which makes minimal demands on the existing infrastructure and public service.

“Sole source aquifer” means an aquifer which supplies at least fifty percent of the drinking water consumed in the area overlying the aquifer. These areas can have no alternative drinking water source(s) that could physically, legally, and economically supply all those who depend upon the aquifer for drinking water.

“State natural area preserves and natural resource conservation areas” are those areas defined, established, and managed as such by the Washington State Department of Natural Resources.

“Street frontage” means the linear frontage of a parcel or property abutting a street or access easement.

“Street, private” means a privately owned and maintained access provided for by a tract, easement, or other legal means, typically serving three or more potential dwelling units.

“Street, public” means a publicly owned facility providing access, including the roadway and all other improvements, inside the right-of-way.

“Structure” means that which is built, constructed, erected or any kind or any piece of work artificially built up or composed of parts joined together which requires location on the ground or attached to something having a location on the ground with the exception of retaining walls. Not included are residential fences, and retaining walls or similar improvements less than four feet in height.

“Structure, plant communities” means the associated characteristics of species richness, number of canopy levels, the degree of maturation of the community, and the dominant individuals that define the community.

“Structure, temporary” means a structure without any foundation or footings and erected for a period of less than one hundred eighty calendar days.

“Subdivider” means a person, firm, corporation, partnership, or association which causes land to be divided or re-subdivided into a subdivision.

“Subdivision, major” means all subdivisions not classified as a short subdivision, including but not limited to subdivisions of five or more lots, and as defined in Title 12.

“Substantial changes” means changes to a proposed development that affects access, density, utilities, drainage, critical areas or other relevant provisions or changes that warrant review from commenting agencies, all within the discretion of the director.

“Susceptibility” means the condition of being especially sensitive and open to contamination.

“Temporary use” means a use established for a period of one hundred eighty calendar days or when the need for the use has ceased, whichever is shorter. Temporary uses do not involve the construction or alteration of a permanent structure.

“Tent” means a temporary structure, enclosure or shelter constructed of fabric or pliable material supported in any manner except by air or the contents it protects.

“Threatened species (federal)” means those species listed by federal agencies under the federal register for the Federal Endangered Species Act of 1973, as amended, as threatened species.

“Threatened species (state)” means those species listed by state agencies as threatened species pursuant to WAC 232-12-011, as amended.

“Traditional forest practices” means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, including but not limited to, road and trail construction, thinning, reforestation, prevention and suppression of disease and insects, salvage of trees and brush control.

“Traveled way” means that part of the road made for vehicle travel excluding shoulders and auxiliary lanes.

“Tree” means a large deciduous or evergreen woody plant having one or more self-supporting trunks and numerous branches and normally growing to a minimum height of twelve feet adapted for growth in Chelan County.

“UBC” means the current edition of the Uniform Building Code.

“UFC” means the current edition of the Uniform Fire Code as adopted.

“U-Pick operation” means farms or orchards where the customers themselves harvest the fruit or agricultural product.

“Urban environment,” as defined and designated in the shoreline master program use regulations of Chelan County, means an area of high intensity land use including residential, commercial, and industrial development in addition to open space and public uses.

“Urban growth area” means those areas designated by the county where urban growth will be supported by public facilities and services, as established by RCW 36.70A.110.

“Urban wildland interface area” means that geographical area where structures and other human development meet or intermingle with wildland or vegetative fuels. All areas shown as having moderate, high, or extreme risk hazard on the current edition of the Chelan County fire map, developed by the Washington State Department of Natural Resources, are urban wildland interface areas.

“Use” means the purpose or activity for which land or buildings are designed, arranged, or intended or for which land or buildings are occupied or maintained.

“Utility” means a company providing public service such as gas, electric power, telephone, telegraph, water, sewer, or cable television, whether or not such company is privately owned or owned by a governmental entity.

“Utility, high impact” means buildings, structures and facilities in public or private ownership relating to the furnishing of utility services such as electric, gas, telecommunication, water, sewer and technology infrastructure. High impact public utilities shall include, but are not limited to, generating and switching stations, substations, pumping stations and antennas or repeaters when not installed on a building.

“Utility, low impact” means buildings, structures and facilities in public or private ownership relating to the furnishing of utility services such as electric, gas, telecommunication, water, sewer and technology infrastructure. Low impact utilities shall include, but are not limited to, poles, lines, pipes, antennas or repeaters when installed on a building, carrier hotels and similar technology infrastructure.

“Value added operation” means any activity or process that allows farmers to retain ownership and that alters the original agricultural product or commodity for the purpose of gaining a marketing advantage. Value added operations may include bagging, packaging, bundling, pre-cutting, food and beverage service, etc.

“Variance” is the means by which an adjustment is made in the application of the specific dimensional standards of a zoning ordinance to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone and which adjustment remedies disparity in privileges in conformance with the provisions of Chapter 11.95 (RCW 36.70.020).

“Vehicle sales” means the sale to the general public of new or used motorized or nonmotorized vehicles, to include, but not be limited to, automobiles, trucks, recreational vehicles, boats or motorcycles.

“Vulnerability” means the combined effect of susceptibility to contamination and the presence of potential contaminants.

“Water-dependent use/structure” means those uses and/or structures that cannot exist in any other location and require location of the shoreline by reason of the intrinsic nature of their operations, such as: (A) ferry and passenger terminals, (B) terminal and transfer facilities for marine commerce and industry, (C) marine construction, dismantling and repair, (D) marinas—boat and seaplane, (E) intakes and outfalls, (F) boat launch facilities, (G) shoreline recreation, including parks, bike trails, beaches, etc., (H) aquaculture, (I) marina and limnological research and education, (J) hydroelectric power plants.

“Water main” means the piping used or which may be used to deliver domestic or industrial water and/or fire flows intended for fire protection in amounts prescribed in this chapter, and excludes storage facilities, hydrants, and service connections.

“Water purveyor” means a federal, state, or county agency, or city, town, municipal corporation, firm, company, association, corporation, partnership, district, institution, person or persons owning or operating a public or private water system.

“Water system, public” means any system of water supply intended to be used for human consumption or other domestic uses, including, but not limited to, sources, treatment, storage, transmission and distribution facilities where water is furnished to any community, collection or number of individuals, or is made available to the public for human consumption or domestic use.

“Waters of the state” means Type 1 through 5 Waters as classified by WAC 222-16-030, Water Typing System.

“Wellhead protection area” means the surface and subsurface area surrounding a well or well field for a distance of one hundred feet, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or well field.

“Wetland” or “wetlands” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands (RCW 36.70A.030).

“Wetland classification” means a rating given to wetlands to differentiate between them based on their sensitivity to disturbance, rarity, irreplaceability and the functions and values they provide.

“Wetland delineation” means a process to determine the location and boundaries of a wetland.

“Wetland delineation manual” means the Washington State Wetlands Identification and Delineation Manual, (DOE Publication No. 96-94, March 1997), as amended.

“Wetland four-tiered rating system” means the system established in the Washington State Wetland Rating System for Eastern Washington, (DOE Publication No. 91-58, October 1991), as amended.

“Wholesale trade” means establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

“Winery” means a facility where fruit or other products are processed (i.e., crushed, blended, aged, and/or bottled) and may include as incidental and/or accessory to the principal use a tasting room, food and beverage service, places of public/private assembly, and/or retail sales area.

“Wireless communications facility” means an unstaffed facility for the transmission and/or reception of radio frequency (RF), microwave or other signals for commercial communications purposes, typically consisting of an equipment enclosure, an antenna support structure or an alternative antenna support structure, and one or more antennas.

“Wireless communications service” means the providing or offering for rent, sale, lease or, in exchange for other consideration, of the transmittal and reception of voice, data, image, graphic, and other information by the use of wireless communications facilities; this term includes any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC-licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed.

“Wireless communications service provider” means every person who provides wireless telecommunications service for rent, sale, lease or in exchange for other consideration, through the use of wireless communications facilities, whether or not such facilities are owned by or under the control of such person.

“Xeriscape” is a patented name that stands for water conserving landscapes.

“Yard” means an open space on a tract or lot which is unoccupied and unobstructed from the ground upward, except for (A) eaves, cornices, chimneys, flues, projecting windows, uncovered patios and decking and ornamental features allowed by code; (B) planting boxes, shrubs, flowers, plants, and hedges, as allowed by code. A yard extends along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the zoning district in which such zoning lot is located.

“Yard, front” means a space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.

“Yard, rear” means a space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line. For irregular-shaped lots, the space between the principal building and the point where a ten-foot line parallel with the front lot line fits entirely within the rear lot line.

“Yard, side” means a space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building.

“Yurt” means a circular, domed, portable tent.

“Zoning map” means the map or maps that are part of this title and delineate the boundaries of zoning districts.

“Zoning resolution” shall mean the officially adopted zoning code of Chelan County as it now exists or may be subsequently amended. (Res. 2011-86 (Att. A) (part), 10/4/11; Res. 2010-68 (part), 7/13/10; Res. 2009-23, 2/23/09; Res. 2008-141 (part), 10/7/08; Res. 2008-86 (part), 5/20/08; Res. 2007-165, 12/11/07; Res. 2007-164, 12/11/07; Res. 2007-104, 7/10/07; Res. 2007-100 (part), 7/2/07: Ord. 2006-79 § 915, 6/20/06).