Chapter 17.08
DEFINITIONS

Sections:

17.08.010    Definitions.

17.08.020    Rules of interpretation.

17.08.010 Definitions.

The definitions of terms to be used in all chapters of the Cashmere Municipal Code are those definitions contained in this chapter; other definitions may be found in individual titles.

Dictionary Reference

If a term is not specifically defined in this section, an applicant may request from the administrator an administrative interpretation, pursuant to CMC 14.03.020(B), 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.

A

“Abate” means to remove, destroy or to otherwise remedy an unlawful condition, by such means and in such manner as is necessary in the interests of the general health, safety and welfare of the community.

“Accessory building and/or structure” means a building and/or structure that is subordinate to the principal building and is incidental to the use of the principal building on the same lot.

“Accessory dwelling” means a separate living unit (apartment) integrated within a single-family dwelling, or one located as a detached accessory dwelling located on the same lot as a single-family dwelling.

“Accessory use” means a use that is clearly incidental and subordinate to the principal use on the same lot.

“Adult entertainment business” means any business which sells, rents, displays, or provides adult stock in trade depicting, describing or relating to specified sexual activities or specified anatomical areas, or engages in or permits specified sexual activities on the premises, and which excludes any person by virtue of age from all or part of the premises. Adult businesses include, but are not limited to:

1. Adult bath house.

2. Adult bookstore in which 10 percent or more of the stock in trade is adult stock in trade.

3. Adult cabaret which presents go-go dancers, strippers, male or female impersonators or similar entertainment.

4. Adult massage parlor in which massage or touching of the human body is provided for a fee, excluding massage practitioners licensed under RCW 18.108.010.

5. Adult retail store in which 10 percent or more of the stock in trade is adult stock in trade.

6. Adult sauna parlor.

7. Adult movie theater including a building, portion of a building, enclosure or drive-in theater which displays adult videos.

8. Adult video store in which 10 percent or more of the stock in trade is adult stock in trade.

“Adult family home” means the regular family abode of a person or persons who are providing personal care, room and board for more than one but not more than four adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for by law (RCW 70.128.010). Adult family homes are a permitted use in all areas zoned for residential use (RCW 70.128.175).

“Adult stock in trade” means all books, pictures or other printed materials, products or equipment, prerecorded video tapes, discs, or similar material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas where such material is generally available for rental, purchase, viewing, or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons.

“Affordable housing” means housing where the occupant pays not more than a third of their adjusted monthly income for total shelter costs.

“Ag-related industry” means an activity supportive to the agricultural industry by providing refrigeration, packing and/or storage facilities, whether for private, cooperative or commercial use by agriculturists, including packing sheds, controlled atmosphere storage buildings, etc. Also means those industrial uses directly related to the packaging, processing, storage, or physical or chemical alteration of the agricultural product. Such industries include, but are not limited to: cold storage plants, controlled atmosphere; produce packing and processing facilities; excluding wineries and their accessory uses such as tasting and sales rooms.

“Agricultural land” means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, or livestock and land that has long-term commercial significance for agricultural production.

“Agriculture” means the art and science of cultivating the soil, raising/producing crops, forestry and horticulture, except that it does not include the keeping or raising of livestock.

“Aircraft hangar – personal use” means an accessory building used for storage, repair, or servicing personal aircraft.

“Alley” means a street or public way that affords only secondary means of access, to provide utility service, and other services to the abutting property.

“Alteration” means a change or rearrangement of the structural parts of existing facilities or an enlargement by extending the side or increasing the height or depth or moving from one location to another. In buildings for businesses, commercial, industrial or similar uses, the installation or rearrangement of partitions affecting more than one-third of a single floor area shall be considered an alteration.

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

“Antenna” means the specific device used to capture an incoming and/or launch a radio-frequency signal. Antennas include, but are not limited to, the following types:

1. Omni-Directional (or “Whip”) Antenna. Receives and transmits signals in a 360-degree pattern, and which is up to 15 feet in height and up to four inches in diameter.

2. Directional (or “Panel”) Antenna. Receives and transmits signals in a directional pattern typically encompassing an arc of 120 degrees.

3. Parabolic (or “Dish”) Antenna. A bowl-shaped device that receives and transmits signals in a specific directional pattern.

4. Ancillary Antenna. An antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna.

“Apartment building” means a building or portion thereof used, or intended to be used, as the home of three or more families or householders living independently of each other.

“Applicant” means a person seeking development approval from the city.

“Assisted living facility/retirement center” means a residential facility designed for and occupied by at least one person per unit who is able to live independently and without 24-hour supervision; and providing centralized services for the residents including meals, recreation, housekeeping, laundry and transportation.

“Auto towing, secured” means temporary storage area associated with a licensed towing company for impounded vehicles that complies with all applicable federal, state and local regulations.

“Automobile graveyard” means any establishment or place of business that is maintained, used, or operated by storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.

B

“Bed and breakfast” means a residence used to provide overnight accommodations to persons for a fee and with the provision of meals limited to only guests staying at the facility.

“Binding site plan” means a drawing to appropriate scale which:

1. Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces and any other matters specified by local regulations;

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

3. Contains provisions requiring that any development be in conformity with the site plan.

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

“Boarding house” means a dwelling unit, in which not more than two lodgers or boarders are housed or fed for compensation and where no provisions are made for cooking in any individual room or suite.

Boundary Line Adjustment. See “Lot line adjustment.”

“Building” means a structure having a roof for the shelter of persons or property. When a structure is separated by a division wall without openings, each portion of such building shall be deemed a separate building.

“Building area” or “building site” means an area within a lot upon which a building to accommodate the principal use of the lot could be practicably built, bound by the setbacks.

“Building code” means the International Building Code promulgated by the International Code Council (ICC), as adopted by the city.

“Building elevation” means that side of any building structure that faces in each of four directions, to include front yard, rear yard, and both side yards.

“Building footprint” means the outer perimeter of the foundation of a building, including garage and all those structures subject to setback requirements, as shown on a site plan.

“Building height” means the vertical distance from the average of the lowest and highest point exposed by the finished ground level to the highest point of the building excluding chimneys.

“Building, principal or main” means the building that accommodates the principal use of a site or lot.

“Business or commerce” means the engaging in the purchase, sale, barter or exchange of services, goods, wares, or merchandise, and the maintenance or the operation of recreational or amusement enterprises.

“Business visit” means an individual trip made for the purpose of conducting business or receiving instruction, or for performing services, or for delivering goods or stock in trade.

C

“Card room” means a licensed establishment at which a “social card game” is played as defined in RCW 9.46.0282.

“Caretaker’s residence” means a residential dwelling unit accessory to an agricultural, commercial or industrial use for occupancy by the owner, caretaker or watchman.

“City” means the city of Cashmere.

“City administrator” means the city administrator of the city of Cashmere or his or her designee.

“City council” means the city council of the city of Cashmere.

“Clinic” means a health care facility for the treatment and diagnosis of outpatients.

“Closed record appeal” means an appeal to the city council based on the existing record.

“Code” means Cashmere Municipal Code (CMC).

“Co-location” means the use of a single support structure and/or site by more than one wireless communications provider.

“Commercial coach” means a structure or unit that is used for temporary commercial purposes. It is transportable in one or more sections and the frame is an integral part of the structure. Commercial coaches include, but are not limited to, structures or units designed and constructed as commercial coaches, conversions of a vehicle to a commercial coach, and vendor units.

“Comprehensive plan” means the Cashmere comprehensive land use plan as adopted in 1999 and as amended in the future.

“Comprehensive plan amendment” means an amendment or change to the text or maps of the Cashmere comprehensive land use plan.

“Concurrency” means a concept required by the Growth Management Act, describing the situation in which adequate capital facilities and services and utilities are available when impacts of development occur, or within a specified time thereafter.

“Conditional use” means a use allowed in one or more zones as defined by the zoning ordinance, but which, because of characteristics peculiar to such use, the size, technological processes or equipment, or because of the exact location with reference to surroundings, streets, and existing improvements or demands upon public facilities, requires a special permit in order to provide a particular degree of control to make such uses consistent and compatible with other existing or permissible uses in the same zone and mitigate adverse impacts of the use.

“Condominium” means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded pursuant to Chapter 64.34 RCW.

“Congregate care facility/retirement center” means a residential facility designed for and occupied by at least one person per unit who is able to live independently and without 24-hour supervision; and providing centralized services for the residents including meals, recreation, housekeeping, laundry and transportation.

“Contribution, voluntary” means a cash donation or other valuable consideration offered by the developer in lieu of public park, recreation and open space and accepted on the public’s behalf as a condition of approval of a subdivision, plat or planned area binding site plan.

“Conventional site-built housing” means residential dwelling units that are assembled at their permanent location from raw materials.

“Coverage” means the total ground coverage of all buildings or structures on a site measured from the outside of external walls or supporting members.

“Critical areas” means areas of environmental sensitivity, which include the following areas and ecosystems:

1. Wetlands;

2. Areas with a critical recharging effect on aquifers used for potable water;

3. Fish and wildlife habitat conservation areas;

4. Frequently flooded areas; and

5. Geologically hazardous areas.

“Cul-de-sac” means a short street terminating in a vehicular turnaround space.

D

“Date of decision” means the date on which final action occurs and from which the appeal period is calculated.

“Day care center” means a person or agency, apart from their parents or guardian, governed by the state day care center licensing provisions and conducted in accordance with state requirements, that provides care for 13 or more children during part of the 24-hour day.

“Day care, family home – A” shall mean a child day care provider, governed by the state day care center licensing provisions and conducted in accordance with state requirements, who regularly provides child day care for not more than six children in the provider’s home in the family living quarters.

“Day care, family home – B” shall mean a child day care provider, governed by the state day care center licensing provisions and conducted in accordance with state requirements, who regularly provides child day care for more than six children but for not more than 12 children in the provider’s home in the family living quarters.

“Day care, mini” means a person or agency, governed by the state day care center licensing provisions and conducted in accordance with state requirements, providing care during part of the 24-hour day to 12 or fewer children in a facility other than a “day care, family home – A” or a “day care, family home – B.”

“Dedication” means the donation of land or infrastructure provided it meets or exceeds city standards to the city for any public purpose.

“Density” means the number of permitted dwelling units allowed on each acre of land or fraction thereof.

“Developer” means any person, firm, or corporation, who proposes an action or seeks a permit regulated by CMC Titles 14 through 18, inclusive.

“Development” means any land use permit or action regulated by CMC Titles 14 through 18, including but not limited to subdivisions, binding site plans, rezones, conditional use permits, or variances.

“Development code” means CMC Titles 14 through 18.

“Domestic pet” means an animal, such as a dog or cat, which has been domesticated by man so as to live and breed in a tame condition, except that it does not include livestock or exotic pets as defined herein.

“Driving surface” means that portion of a street intended for vehicular travel or parking.

“Duplex dwelling” means a single structure containing two dwelling units designed for occupancy by two families and connected by a common vertical wall or, in the case of a multistory building, by common ceiling and floor.

“Dwelling unit” or “dwelling” means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitations. “Dwelling unit” does not include recreation vehicles. (See also “Multifamily dwelling” and “Single-family dwelling.”)

E

“Easement, access” means a private access or private driveway which provides vehicular access to a street.

“Easement, utility” means a strip or parcel of land, either purchased or dedicated, for the purpose of construction and maintenance of utility systems.

“Effective date” means the date a final decision becomes effective.

“Entertainer” means any person who provides live adult entertainment in an adult entertainment business whether or not an employee of the operator and whether or not a fee is charged or accepted for such entertainment.

F

“FAA” means the Federal Aviation Administration.

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

“FCC” means the Federal Communications Commission.

“Fence” means any arrangement of wood, stone, brick, metal, chain link, or other similar material running around, along, or by the side of any open area to prevent or restrict passage or to mark a boundary; provided, that fences composed solely of live shrubbery or plantings shall not be included under this definition. “Fence” does not include the use of materials that are not generally used and/or sold specifically for fencing, such as plywood, metal or fiberglass roofing panels, etc.

“Final decision” means the final action by the city administrator, hearing examiner, planning commission or city council.

“Floor area” means the total area of all floors of a building as measured to the outside surfaces of exterior walls and including halls, stairways, elevator shafts and basements.

“Foster-family home” means an agency which regularly provides care on a 24-hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed.

“Front door” means the access to a dwelling unit on the building elevation that faces the primary public access right-of-way, private driveway, private roadway or access easement.

G

“Garage, parking or commercial” means a building used for storage, repair or servicing of motor vehicles as a commercial use.

“Garage, private” means an accessory building or space within the building area used for storage of vehicles.

“Geologically hazardous areas” means areas that are susceptible to erosion, land sliding, earthquake, or other geological events, which could make the property unsuitable for development.

“Grade, established” means the street centerline grade as established on the final subdivision plat.

“Greenbelt” means an area of vegetation, either native stock or replanted, in public or private ownership lying outside and adjacent to the right-of-way line of streets or along real property lines. Greenbelts are intended to visually and physically screen and separate land uses or activities from each other.

H

“Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70.105.010(15), or its successor, except for moderate risk waste as set forth in RCW 70.105.010(17), or its successor.

“Hazardous waste storage” means the holding of hazardous waste for a temporary period as regulated by the state Dangerous Waste Regulations, Chapter 173-303 WAC, or its successor.

“Hazardous waste treatment” means the physical, chemical, or biological processing of hazardous waste for the purpose of rendering these wastes nondangerous or less dangerous, safer for transport, amenable for storage, or reduced in volume, as regulated by the state Dangerous Waste Regulations, Chapter 173-303 WAC, or its successor.

“Hazardous waste treatment and storage facility, on-site” means storage and treatment facilities which treat and store hazardous wastes generated on the same property.

“Health officer” is the legally designated head of the Chelan-Douglas health district or his/her designee.

“Hedge” means a fence or boundary formed by a dense row of shrubs or low trees.

“Home occupation” means an economic enterprise to make and/or sell a product or perform a service that is conducted or operated within a residential dwelling unit, or building accessory to a residential dwelling unit, by the resident occupant or owner, and which use shall be clearly incidental and secondary to the residential use of the dwelling unit, including the use of the dwelling unit as a business address in a directory or as a business mailing address.

“Home occupation, Group A” means a home occupation, as defined here, that does not involve customers coming and going from the residence, and within which only family members are employed.

“Home occupation, Group B” means a home occupation, as defined here, that may involve customers coming and going from the residence, and within which one other person than family members may be employed.

“Hot water” is water supplied to plumbing fixtures at a temperature of not less than 110 degrees Fahrenheit (43.3 degrees Celsius).

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

I

“Irregular lot” means a lot that is shaped so that application of setback requirements is difficult. Examples include a lot with a shape that is not close to rectangular, or a lot with no identifiable rear lot line.

J

“Junk” means old or scrap copper, brass, rope, rags, batteries, paper, boxes, cardboard, glass, tires, mattresses, hay, grass, straw, weeds, litter or trash, rubber debris, waste, old appliances and furniture, any combustible or flammable waste or rubbish, building materials or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material as defined in RCW 47.21.020.

“Junk vehicle” means a vehicle, as defined herein, that is inoperable or damaged, which may include, without limitation, having broken windows or windshields or missing wheels, tires, motors or transmissions. This definition does not apply to any vehicle or those parts thereof completely enclosed within a building in a lawful manner.

“Junk yard” means any lot, parcel, tract of land, building, structure or part thereof used for an establishment or place of business or residence that is maintained, operated, or used for storing, keeping, buying, trading, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term includes garbage dumps and sanitary fills as defined in RCW 47.21.020. This definition shall not include recycling centers that are operated in legal conformance to applicable local, state and federal regulations.

K

“Kennel” means a structure or lot on which four or more domestic animals at least four months of age are kept.

L

“Livestock” means horses, sheep, goats, cows, hogs, poultry, rabbits and other similar animals.

Lodging House. See “Boarding house.”

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

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

“Lot, corner” means a lot which has frontage on two or more streets where the streets meet.

“Lot depth” means the length of the lot measured on a line approximately perpendicular to the fronting street and midway between the side lot lines of the lot.

“Lot line” means any line enclosing the lot area.

“Lot line adjustment” means the adjustment of a boundary line between existing lots which results in no more lots than existed before the adjustment.

“Lot line, front” means the access to a dwelling unit on the building elevation that faces the primary public access right-of-way, private driveway, private roadway or access easement.

“Lot line, rear” means a lot line or lines which are opposite and most distant from the front lot line.

“Lot line, side” means any lot line that is not a front or rear lot line.

“Lot of record” means an area or parcel of land as shown on an officially recorded plat or subdivision, or an area or parcel of land to which a deed or contract is officially recorded as a unit of property, or which is described by metes and bounds or as a fraction of a section.

“Lot, through” means a lot fronting on two streets that is not a corner lot.

“Lot width” means the distance between the side lot lines measured at right angles to the line establishing the lot depth at a point midway between the front lot line and the rear lot line.

M

“Manager” means any person appointed by an owner or operator of an adult entertainment business who manages, directs, administers or is in charge of the affairs and/or the conduct or operation of an adult entertainment business and includes assistant managers.

“Manufactured home, new” means a manufactured home classified in accordance to RCW 35.63.160, which states “any manufactured home required to be titled under RCW Title 46, which has not been previously titled to a retail purchaser, and is not a ‘used mobile home’ as defined in RCW 82.45.032(2).”

“Manufactured home, old” means a manufactured home 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 arriving at a site where it is placed on a foundation and tied down and skirted, with towing tongue, axles and wheels removed. Such a unit includes the connection to electric power, water supply and sewage disposal facilities. This definition shall encompass all forms of mobile dwellings except for recreational vehicles.

“Mechanical code” is the International Mechanical Code promulgated by the International Code Council (ICC), as adopted by the city.

“Mitigation contribution” means a cash donation or other valuable consideration offered by the applicant in lieu of: (1) a required dedication of land for public park, recreation, open space, public facilities, or schools; or (2) road improvements needed to maintain adopted levels of service or to ameliorate identified impacts and accepted on the public’s behalf as a condition of approval of a subdivision, plat or binding site plan. Voluntary contributions may be accepted by the city.

“Mobile home” means a factory-built dwelling built prior to June 15, 1976, to standards other than the national code, and acceptable under applicable Washington State codes in effect at the time of construction or introduction of the home into the state.

“Mobile vendor/peddler” means a person or traveler who sells, or offers for sale, by sample or description or otherwise directly to the consumer, any food, goods, wares or merchandise from a vehicle, mobile unit or truck.

“Modular home/housing” means a single-family dwelling unit built according to the International Building Code, International Mechanical Code, Uniform Plumbing Code and the National Electrical Code, which bears a “gold seal” issued by the Department of Labor and Industries.

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

“Multifamily dwelling” means a building containing two or more dwelling units. Dwelling units may be attached or detached (i.e., two or more individual units may be built on one parcel if density allows).

N

“Nonconforming lot” means a lawfully established lot which does not conform to the provisions of CMC Titles 15, 16 and 17.

“Nonconforming structure” means a lawfully erected structure which does not conform to the provisions of CMC Titles 15, 16 and 17.

“Nonconforming use” means a lawfully established use which does not conform to the provisions of CMC Titles 15, 16 and 17.

“Nonresident worker” means an employee or other person who does not reside in the dwelling but who regularly performs services at the dwelling as part of, in pursuit of, or in furtherance of a home occupation.

“Nursing or convalescent home” means an establishment which provides full-time care for three or more chronically ill or infirm persons. Such care shall not include surgical, obstetrical or acute illness services.

O

“Off-street parking” means any area other than public rights-of-way, streets, alleys or parking lots needed to satisfy parking requirements.

“Office” means a building or separately defined space within a building used for business. The use of an office does not include on-premises sales or manufacture of goods.

“Open space” means any part of a lot unobstructed by structures from the ground upward.

P

“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 facilities” means a land area or building used for the storage of four or more vehicles excluding parking areas for single-family residences.

“Parking space” means an area accessible to vehicles and used exclusively or principally for vehicle storage.

“Party of record” means any person who has testified at a hearing or has submitted a written statement related to a development action and who provides the city with a complete address.

“People with functional disabilities” means:

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

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

b. Needing supports to ameliorate or compensate for the effects of the functional disability as to lead as independent a life as possible; or

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

d. Having a record of having such an impairment.

2. Being regarded as having such an impairment, but such term does not include current illegal use of or active addiction to a controlled substance.

“Person” means any person, firm, business, corporation, partnership of other associations or organization, marital community, municipal corporation, or governmental agency.

“Personal service” means businesses engaged in providing care of the corporeal person or his apparel, not including health care.

“Planned action” means a significant development proposal as defined in RCW 43.21C.031 as amended.

“Planned unit development” means a more flexible method of land development without exceeding the density of that zone and is described and conditioned by a binding site plan.

“Plat” means a scale drawing of a subdivision showing lots, blocks, streets or tracts or other divisions or dedications of land to be subdivided.

“Plat, final” means a precise drawing of a subdivision and dedications which conforms to the approved preliminary plat, meets all the conditions of preliminary approval and meets the requirements of the Chelan County auditor for recording.

“Plat, final short” means a precise drawing of a short subdivision and dedications which conforms to the approved preliminary short plat, meets all the conditions of approval and meets the requirements of the Chelan County auditor for recording.

“Plat, preliminary” means a neat and approximate scale drawing of a proposed subdivision, showing the existing conditions and the proposed layout of streets, lots, blocks and other information needed to properly review the proposal.

“Plat, preliminary short” means a neat and approximate scale drawing of a proposed short subdivision, showing the existing conditions and the proposed layout of streets, lots, blocks and other information needed to properly review the proposal.

“Plat, short” means the plat of a short subdivision.

Platter. See “Developer.”

“Preschool” means a place where pre-kindergarten children are provided with instructional activities only, that meets all state and city requirements to conduct such activity.

“Primary or principal use” means the predominant use of the land or building to which all other uses are secondary.

“Private driveway” means a vehicle access route, on private property, providing an entrance from a public road onto the same parcel of land.

“Private parking” means parking facilities for the noncommercial use of the occupant and guests of the occupant.

“Private road” means a vehicle access route, on private properties, providing an entrance to two or more parcels of land, including any recorded easement or fee parcel that allows crossing of one property to enter another property, or to provide entrance to high density residential areas, commercial, agricultural or industrial sites.

“Project” means a proposal for development.

“Property buffer” means a greenbelt of varying width located on private property intended to serve as a tree preservation area and/or to separate contiguous developments. The property buffer may be a separate tract or an easement across property and shall be clearly depicted on the face of a plat or binding site plan.

“Public facilities and utilities” means land or structures owned by or operated for the benefit of the public use and necessity, including but not limited to public facilities defined in RCW 36.70A.030, as amended.

“Public hearing” means an open record hearing at which evidence is presented and testimony is taken.

“Public improvement” means any structure, utility, roadway or sidewalk for use by the public, required as a condition of development approval.

“Public nuisance” includes but is not limited to the following activities:

1. Any public nuisance as defined by Washington State statute or set forth in Washington State case law;

2. Any attractive nuisance whether in a building, on the premises of a building, or on an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators, and junk vehicles as defined elsewhere in this chapter; or any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard;

3. The existence of any dead, diseased, infested or dying trees that may constitute a danger to property or persons;

4. All noxious weeds, as identified by the Chelan County weed control board, located upon public or private property;

5. The existence of any tree, shrub or foliage, unless by consent of the city, which is apt to destroy, impair, interfere or restrict streets, sidewalks, sewers, utilities or other public improvements, or the visibility on, or free use of, or access to such improvements;

6. The existence of any vines or climbing plants growing into or over any street, public hydrant, pole or street light, or the existence of any shrub, vine or plant growing on, around, or in front of any hydrant, standpipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes in such a way as to obscure the view thereof, or impair the access thereto;

7. The existence of a sidewalk or portion of a sidewalk adjacent to any premises which is out of repair, and in a condition to endanger persons or property, or in a condition to interfere with the public convenience and the use of such sidewalk;

8. All snow and ice not removed from public sidewalks within 24 hours of the snow and ice ceasing to be deposited thereon;

9. The existence of any obstruction to a street, alley, crossing or sidewalk, which is by ordinance prohibited, or which is made without lawful permission, or which, having been made by lawful permission, is kept and maintained after the purpose thereof has been accomplished, and for an unreasonable length of time;

10. Any use of property abutting a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the streets or sidewalks;

11. All barbed wire fences which are located within three feet of any public sidewalk, and any fence charged with electricity in any amount whatsoever;

12. Allowing any substance to drain or spill onto a public street or sidewalk that results in slippery and/or unsafe conditions to vehicles or pedestrians;

13. Any buildings, walls and/or other structures which have been damaged by fire, decay or otherwise so as to endanger the safety of the public, including buildings unfit for human habitation through inadequate light, ventilation or sanitation facilities, structural defects, disrepair, risks of electrocution, and/or defects increasing hazards of fire or accidents from inadequate or missing parts. Any violation of CMC Title 15, Buildings and Construction;

14. The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure, or premises, or in or upon any street, alley, sidewalk, park, parkway, or other public or private place in the city, any one or more of the following: disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions or objects;

15. Any bottles, cans, glass, ashes, small pieces of scrap iron, wire, metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster and all such trash or abandoned material, unless it is kept in approved, covered bins or receptacles;

16. Any trash, litter, rags, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding, straw or other packing materials, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, or anything whatsoever in which flies or rats may breed or multiply, or which may be a fire hazard;

17. The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk, park, parkway, or other public place which is open to travel, any hay, straw, paper, wood, boards, boxes, leaves, manure, or other rubbish or materials;

18. The existence of any pits, potholes or holes which would endanger safety;

19. The pollution of any public or private well or cistern or body of surface water, storm water or ground water by sewage, garbage or industrial wastes or other substances;

20. Failure to replace improperly functioning on-site sewage disposal system by connecting to the city sewer system, or where city sewer utility service is not available, to make immediate corrections and repairs;

21. All ponds or pools of stagnant water where mosquito breeding can occur;

22. The existence of any conditions that would produce dust or noxious odors; provided, that nothing herein shall be prohibited when done in conjunction with a lawful construction project for which a building permit has been issued and is being prosecuted diligently to completion. However, the contractor and owner shall be responsible for dust control through the development area;

23. Emissions into the air of dense smoke, noxious fumes, gases, soot and/or cinders when such emissions result in a health or safety hazard by means of causing breathing problems, irritated eyes or skin, or obstructing safe driving conditions along public streets or result in deposits of airborne particulate on adjacent properties;

24. The existence of any fence or other structure or thing on private property abutting or fronting upon any public street, sidewalk or place which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition;

25. The keeping or harboring of any dog or other animal which by frequent or habitual howling, yelping, barking or the making of other noises shall continuously or repeatedly annoy or disturb a neighborhood;

26. The keeping, using or maintaining of any pen, stable, lot, place or premises in which any animals of any sort may be confined or kept in such a manner as to cause foul or offensive odors;

27. Riding or leading horses upon sidewalks or within public parks and trails;

28. All diseased animals running at large, and carcasses of animals not buried or destroyed within 24 hours after death or left in conditions where other animals, rodents or insects can access the carcass;

29. Accumulations of manure or rubbish where rodents, insects or odors can accumulate or spread to adjoining properties;

30. Any offensive trades and businesses as defined by statute not licensed by the health department;

31. Any exposure of the public to contagious and communicable diseases in a manner in which that disease could be transmitted to another person;

32. Unlawful Disposal Sites. It is unlawful for anyone to deliver and/or deposit any garbage or rubbish generated within the city or without the city at any disposal site other than a refuse disposal, processing, transfer or recover site lawfully permitted according to applicable local and state regulations. Any waste container or garbage cans which are not tightly closed to prevent entry by insects, rodents and/or other animals are unlawful;

33. Any violations of the Cashmere development code as defined herein;

34. Any junk vehicle on any lot, parcel, tract or land located within the city;

35. Any vehicle located upon a public street, alley or city property for more than 48 hours;

36. Noises at volumes exceeding the standards authorized by Chapter 40.107 RCW and adopted by Chapter 173-60 WAC, including the frequent, repetitive or continuous sounding of starting, repairing or resting of any internal combustion engine, within a residential district, so as to disrupt or interfere with the peace, comfort and repose of any neighboring residents, or to interfere with the normal conversations of people on adjacent properties. This includes the unreasonable acceleration of motor vehicles so as to cause backfiring and/or excessive noise;

37. Between the hours of 10:00 p.m. and 6:00 a.m. allowing a meeting, contest, construction, operation of power tools or engines, partying, gathering, playing of electronic devices or musical instruments, the noise of which unreasonably disrupts or interferes with the peace, comfort and repose of a neighborhood or community.

“Public space” means property conveyed to the city or other governmental unit and dedicated to the use of the public as a condition of approval of a subdivision or binding site plan.

R

“Recreational facilities” means facilities for recreational use such as swimming pools, athletic clubs, tennis courts, ball fields, play fields, and the like.

“Recreational park trailer” means a park trailer as defined in the American National Standards Institute A119.5 standard for recreational park trailers.

“Recreational vehicle” means a vehicular-type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. The units include travel trailers, fifth-wheel trailers, folding camp trailers, truck campers, and motor homes as defined in the American National Standards Institute A119.2 standard for recreational vehicles.

“Recycling center/facility” means a facility where discarded recyclable products such as aluminum, glass, paper, cardboard, concrete, asphalt, etc., are deposited, stored and processed for future human use.

“Rezone” means a change in classification from one zoning district to another.

“Roadway buffer/cutting preserve” means a greenbelt lying outside and adjacent to the right-of-way line of collector arterial roadways. Roadway buffers/cutting preserves shall be separate, designated tracts and depicted on the face of a plat or binding site plan.

S

“Screen” or “screening” means a continuous fence, hedge or combination of both which obscures vision through 80 percent or more of the screen area, not including drives or walkways.

“Secondary use” means a use, subordinate to the primary use, which may exist only when a primary use is existing on the same lot. The floor area of a secondary use must be less than that devoted to the primary use.

“Setback” means the minimum distance required by this title for buildings, including eaves, cornices, porches, etc., to be set back from the front, rear and side lot lines.

“Setback area” means the lot area between the lot lines and the setback lines.

“Setback line” means a line which is parallel to a lot line located at the distance required by the setback.

“Shipping or cargo containers” means containers, with or without axles, used to haul or transport freight.

Sign. See CMC 17.60.020.

“Single-family dwelling” means a building containing only one dwelling unit.

“Site plan” means a scale drawing which shows the areas and locations of all buildings, streets, roads, improvements, easements, utilities, open spaces and other principal development features for a specific parcel of property.

“Site plan, binding” means a site plan reviewed and approved pursuant to CMC Titles 14 and 16, containing the inscriptions or attachments setting forth the limitations and conditions of use for a specific parcel of property and meeting the requirements of the Chelan County auditor for recording.

“Specified anatomical areas” means less than completely or opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if completely or opaquely covered.

“Specified sexual activities” means acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic region, buttock or female breast; or human genitals in a state of sexual stimulation or arousal.

“Stock in trade” means any item or good that is:

1. Produced, purchased, processed, finished or fabricated as part of a home occupation; or

2. Incorporated into any such item; or

3. Used to make, manufacture, produce, process, finish or fabricate any such item; or

4. Intended for resale on site; provided, that it does not include samples.

“Story” means that portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between such floor and the ceiling next above it, and not including a basement.

“Street” means a public right-of-way which provides vehicle access to adjacent lots.

“Street, developed” means a right-of-way developed to the minimum standards established by the city.

“Street lot line” means the lot line or lines along the edge of a street.

“Street setback” means the minimum distance required for buildings to be set back from the street lot line.

“Street, undeveloped” means a right-of-way not developed to the minimum standards established by the city.

“Structure” means a combination of materials constructed and erected permanently in or on the ground or attached to something having a permanent location on the ground, not including utility poles and related ground or pad mounted equipment, residential fences less than six feet high, retaining walls, rockeries and other similar improvements of a minor character less than four feet high measured from the bottom of the footing to the top of the wall.

“Studios” means the working place of a painter, sculptor or photographer; a place for the study of an art such as dancing, singing or acting; a place where motion pictures are made; and a place maintained and equipped for the transmission of radio or television programs.

Subdivider. See “Developer.”

“Subdivision code” means CMC Title 16.

“Subdivision, major” means a division of land into 10 or more lots, tracts or other divisions. “Subdivision” includes resubdivisions of previously subdivided land.

“Subdivision, short” means a division of land into nine or fewer lots or tracts. The terms “short subdivision” and “short plat,” as used in CMC Title 16, shall have the same meaning.

T

“Temporary building or structure” means a building or structure not having or requiring permanent attachment to the ground or to other structures which have no required attachment to the ground.

“Terrain, hilly” means terrain having a cross slope of over 15 percent.

“Terrain, ordinary” means terrain having a cross slope ranging from zero to eight percent.

“Terrain, rolling” means terrain having a cross slope ranging from eight to 15 percent.

“Title” means the ordinance codified in this title. Whenever the terms “this title” or “the ordinance codified in this title” are used, they include, where the context permits, any and all amendments thereto as the same may be hereafter from time to time adopted.

“Tower/tower structure” means a structure taller than its diameter which can stand alone or be attached to a building or other structure, and anything tall and approximately the shape of a column or tower.

“Townhouse” means a multiple-dwelling unit meeting the following criteria:

1. No dwelling unit connects to another vertically;

2. Common side walls joining units; and

3. Not more than six dwelling units in one structure.

“Tract or parcel” means a portion of a subdivision having fixed boundaries, not including lot.

“Tree survey” means a map portraying groups of trees, or the location of individual trees over eight inches in diameter.

U

“Unit building lot(s) dwellings” means boundary lines and use areas within a larger “parent” parcel for the purpose of defining and creating individual sellable lots. This type of survey is primarily used when multiple buildings are designed to fit on a single original lot.

“Urban growth area” means that area designated by the county as required by the Growth Management Act (RCW 36.70A.110), as being those areas where development should ultimately be provided with urban services and may become incorporated into the city.

“Use” means the purpose which lands or structures now serve or for which it is currently occupied, maintained, arranged, designed or intended.

“Utility uses and structures” means equipment installations for utility and service purveyors including, but not limited to, telephone exchanges, cellular repeaters, electrical substations, water reservoirs, pump stations, and similar facilities of service providers.

V

“Value-added operation” means any activity or process 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, or processing food.

“Variance” means a permissible modification of the application of this title to a particular property, subject to approval of the hearing examiner.

“Vehicle” means a device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including without limitation recreational vehicles, boats, tractors, automobiles, trucks, mopeds, or other motor vehicles, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.

W

“Walkway” means a hard-surfaced portion of a street, right-of-way, trail or easement intended for pedestrian use.

“Watercourse” means the course or route followed by waters draining from the land, formed by nature or man and consisting of a bed, banks, sides and associated wetlands and headwaters. A watercourse shall receive surface and subsurface drainage waters and shall flow with some regularity, but not necessarily continuously, naturally and normally, in draining from higher to lower lands. The watercourse shall terminate at the point of discharge into a larger receiving body such as a creek or river. Watercourses shall include sloughs, streams, creeks and associated wetlands.

“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, sewer treatment facilities, farm ponds, and landscape amenities. However, wetlands include those artificial wetlands intentionally created to mitigate conversion of wetlands.

“Winery” means a facility where fruit or other products are processed (e.g., 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. Wineries may include storage in tanks, barrels and as finished products.

“Wireless communication facility (WCF)” 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 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.

Y

“Yard” means an open space on a lot that is unobstructed from the ground upward except as may be provided for in this title.

“Yard, front” means the area between the front lot line and the building line extending the full width of the lot. On a corner and/or through lot there shall be two front yards, and on corner lots there shall be designated one rear yard area, with the remaining yard to be a side yard area.

“Yard, rear” means the area between the rear lot line and the building area extending the full width of the lot or the rear yard setback area.

“Yard, side” means the side setback area between the side lot lines and the building area, extending the full length of the building area.

Z

“Zone” or “zone district” means a defined area of the city within which the use of land is regulated and certain uses permitted and other uses excluded as set forth in this title.

“Zoning code” means this title.

“Zoning restrictions” means the restrictions contained in the zoning code. (Ord. 1264 § 1 (Exh. A), 2017; Ord. 1234 § 3 (Exh. F), 2014; Ord. 1196 § 1 (Exh. A), 2011; Ord. 1152 § 2 (Exh. B), 2009; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1108 §§ 1, 2, 2007; Ord. 1097 § 1, 2007; Ord. 1047 § 1, 2004; Ord. 1046 § 1, 2004; Ord. 1039 § 1, 2004).

17.08.020 Rules of interpretation.

A. For the purposes of environmental policy (Chapter 18.04 CMC), the development code (CMC Title 14), the buildings and construction code (CMC Title 15), the subdivision code (CMC Title 16), and the zoning code (CMC Title 17), all words used in the codes shall have their normal and customary meanings, unless specifically defined otherwise in this code.

B. Words used in the present tense include the future.

C. The plural includes the singular and vice versa.

D. The words “will” and “shall” are mandatory.

E. The word “may” indicates that discretion is allowed.

F. The word “used” or “occupied” includes designed, intended, or arranged to be used or occupied.

G. The masculine gender includes the feminine and vice versa.

H. Distances shall be measured horizontally unless otherwise specified.

I. The word “building” includes a portion of a building or a portion of the lot on which it stands. (Ord. 1234 § 3 (Exh. F), 2014; Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).