Chapter 17.01
GENERAL PROVISIONS

Sections:

17.01.010    Title.

17.01.020    Purpose.

17.01.030    Authority.

17.01.040    Definitions.

17.01.010 Title.

The ordinance codified herein shall be known as the “Zoning Ordinance of the City of Clarkston, Washington.” [Ord. 1138 § 1, 1992.]

17.01.020 Purpose.

The purpose of this title is to promote the orderly development of the city according to a comprehensive plan; to reserve and stabilize the value of property; to encourage protection of critical areas of the environment; to promote measures which preserve or improve the city’s quality of life; and otherwise to promote the public health, safety and general welfare. [Ord. 1138 § 1, 1992.]

17.01.030 Authority.

Authority for enactment, implementation and administration of this zoning ordinance is derived from Chapter 35A.63 RCW, “Planning and Zoning in Code Cities of Washington State” and Article XI, Section 11 of the Washington State Constitution. [Ord. 1138 § 1, 1992. Code 1966 § 17.01.025.]

17.01.040 Definitions.

Whenever the words and phrases set forth in this chapter appear in this title, they shall be given the meaning attributed to them by this chapter. When consistent with the context, words used in the present tense include the future; singular includes the plural; and plural includes the singular. The word “shall” is always mandatory and the word “may” indicates a use of discretion in making a decision.

“Accessory structure” means a subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure.

“Accessory use” means a structure or use that is clearly incidental to and subordinate to the main use of a property and located on the same lot as the main use.

“Adult concessions” means any activity regulated under Chapter 5.05 CMC and includes, but is not limited to:

(a) “Adult bookstore,” which means an establishment having, as a substantial or significant portion of its stock in trade, books, films, photographs, devices, magazines, or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to “specified anatomical areas” or “specified sexual activities,” or an establishment with a segment or section devoted to the sale or display of such material;

(b) “Adult hotel or motel” is a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” or where rooms are routinely let for less than one day or which advertises or holds itself out as specializing in sexual activity;

(c) “Adult motion picture theater,” which means an enclosed or drive-in theater with a capacity of 10 or more persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein;

(d) “Adult mini theater,” which means an enclosed or drive-in theater used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein;

(e) “Adult panorama theater or arcade” means any place to which the public is permitted or invited and where coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to persons in booths or viewing rooms where the images so displayed depict or describe “specified sexual activities” or “specified anatomical areas”;

(f) “Artist body-painting studio” means an establishment or business which provides the services of applying paint or other substance, whether transparent or nontransparent, to or on the human body when such body is wholly or partially nude;

(g) “Live adult entertainment establishment” means any building or portion of a building wherein any employee or entertainer is unclothed or in such attire, clothing or costume as to expose to view any specified anatomical areas and which is for the benefit of members of the adult public, or advertised for the use or benefit of members of the adult public. (See also CMC 5.05.030(2).)

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

“Aircraft hangar” means a storage structure for the protection of aircraft.

“Alley” means a public or private way permanently reserved as a secondary means of access to abutting property.

“Alteration” means any change, addition or modification in construction or occupancy of an existing structure.

“Amendment” means a revision, addition or alteration to the wording, context or substance of the ordinance, or a change in the zone boundaries upon the zoning map. See Chapter 17.40 CMC.

“Apartment” means a building or portion thereof used for occupancy by three or more families living independently of each other, and containing three or more dwelling units.

“Appeal” means an optional course of action for persons aggrieved by actions of the planning commission, board of adjustment or the zoning official.

“Arcade” means an entertainment venue featuring primarily video games, simulators, and/or other amusement devices where persons under 21 years of age are not restricted.

“Asphalt plant” means a premises wherein crushed rock, oil and other materials are mixed and prepared so as to produce asphalt and similar products. Includes the bulk storage of said materials and products.

“Auto body repair shop” means a premises wherein there are facilities for painting, straightening or repairing the shell, frame or other parts of a motor vehicle.

“Auto rental” means a premises wherein motor vehicles are displayed and/or made available for use by persons who do not hold title or are in the process of purchasing the motor vehicle.

“Auto sales/service” means a premises wherein new or used motor vehicles are displayed for sale and/or serviced and repaired.

“Auto storage” means a premises wherein motor vehicles and trailers which are in operable condition are kept. Such use shall not be for display, repair or dismantling.

“Auto wrecking yard” means property on which the dismantling or wrecking of used motor vehicles or trailers occurs or where there is storage, sale or dumping of dismantled or wrecked vehicles or their parts.

“Bakery” means a premises wherein flour, sugar and other materials are mixed and prepared so as to produce bread, cakes and associated products. Includes the on-premises sale of such products.

“Bank or other financial institution” means a premises wherein money may be deposited for safekeeping, wherein dealings in credit and money and funds are transacted.

“Bar,” “tavern” or “cocktail lounge” means a premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded therefrom by law. This includes nightclub and cabaret.

“Beauty shop/barbershop” means a premises wherein haircutting, hairstyling, shaving, manicuring and associated services are performed.

“Bed and breakfast inn” means a house, or portion thereof, where short-term lodging, rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises.

“Billboard” means a surface whereon advertising matter is set in view conspicuously and wherein advertising does not apply to premises or any use of premises wherein it is displayed or posted.

“Board of adjustment” means a body of individuals appointed by the city council with authority to review and grant variances and conditional uses. See CMC 17.45.020.

“Boardinghouse” or “roominghouse” means an establishment with lodging for less than 10 persons where meals are regularly prepared and served for compensation and where food is placed upon the table family-style, without service or ordering of individual portions from a menu.

“Boat and mobile home sales/service” means a premises wherein new or used watercraft and/or mobile homes are displayed for sale and/or serviced and repaired.

“Boat building/repair” means a premises wherein watercraft are assembled, manufactured or repaired. This includes on-premises sale of such watercraft and related products.

“Bottling plant” means a premises wherein liquids are placed into glass, aluminum or other containers and sealed.

“Bowling alley or other commercial amusement” means a premises wherein recreational entertainment features are provided for use by patrons.

“Building” means a structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.

“Building supply outlet” means a premises wherein construction materials and related products are stored, displayed and offered for sale.

“Business or professional office” means a premises wherein services which require specialized learning and mental rather than manual labor are performed; any products offered for sale must be clearly related to the services offered and of a secondary nature.

“Cabinet/furniture shop” means a premises wherein wood, metal, plastic and other materials are prepared and assembled and finished to produce cabinets and/or furniture items.

“Car wash” means an area of land and/or structure with machine- or hand-operated facilities used primarily for the cleaning, washing, polishing or waxing of motor vehicles.

“Cement/clay products manufacturing” means a premises wherein lime and other materials are processed, mixed and/or treated so as to produce cement, tile, blocks, bricks and similar products. This includes the bulk storage of such materials and products. This does not pertain to pottery or porcelain shops.

“Cemetery” means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes. However, it does not include columbariums, crematories, mausoleums and mortuaries.

“Chemical storage and manufacturing” means a premises wherein organic or inorganic liquids, solids or gases are held, prepared or processed.

“Child day care center” means a facility providing regularly scheduled care for a group of 13 or more children, within a one-month through 12 years of age range exclusively, for periods less than 24 hours.

“Church” or “place of religious worship” means an institution that people regularly attend to participate in or hold religious services, meetings or other activities. The term “church” shall not carry a secular connotation and shall include buildings in which religious services of any denomination are held.

“City” means the city of Clarkston, Washington.

“Club” means an organization of persons for special purposes or for the promulgation of sports, arts, literature, politics or the like, but not operated for profit, excluding churches.

Commercial Boat Moorage. See “Marina.”

“Commercial or industrial laundry” means a premises wherein cloth materials and related items are washed, dried, ironed or dry cleaned; differs from self-service laundry.

“Commercial use” means a structure or use intended or used for business purposes, such as a retail store, restaurant, office, service establishment or hotel or motel. A commercial use includes light repair service, but does not include the repair or maintenance of heavy equipment or machinery or such other uses normally associated with an industrial use.

“Concrete batch plant” means a premises wherein aggregate, sand, cement, water and other materials are combined, stored or prepared for on- or off-premises mixing of concrete.

“Conditional use” means a use that would not be appropriate generally or without restriction throughout the zoning district but which, if subjected to special requirements which are different from the usual requirements for the district, may be allowed if approved by the board of adjustment. See Chapter 17.25 CMC.

“Contractor’s storage yard” means a premises wherein building materials, tools and/or equipment are kept for indeterminate periods of time, but not intended for retail or wholesale use.

Convalescent Hospital. See “Nursing home.”

“Convenience store” means a retail establishment offering for sale food products, household goods and other goods and having a gross floor area of less than 5,000 square feet.

Corner Lot. See “Lot, corner.”

“Dairy products processing” means a premises wherein dairy products are combined, treated or packaged.

“Dance, music, voice studio” means a premises wherein lessons, rehearsals or practices are held for students of dance, music or voice.

Day Care Center. See “Child day care center.”

Dependent Mobile Home. See “Recreational vehicle (RV).”

Dependent Mobile Home Park. See “Recreational vehicle park (RVP).”

“Dormitory” means a building used as group living quarters for individuals associated with an institution such as a school or church.

“Drive-in theater” means an establishment that provides cinematic movies onto a large outdoor screen wherein the customers view from automobiles.

“Drugstore” means a retail establishment offering for sale pharmaceuticals, medicines and associated goods.

“Dry cleaning establishment” means a premises wherein clothes, draperies and various materials are chemically cleaned, including an associated delivery service.

“Duplex dwelling” means a structure which contains two independent dwelling units sharing a common wall.

“Dwelling unit” means one or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping.

“Easement” means the right of a person, government agency or private utility company to use public or private land owned by another for a specific purpose.

“Entertainment” means any exhibition or dance of any type, pantomime, modeling or any other performance.

“Equipment rental and sales yard” means a premises wherein machinery, tools and related items are offered for rent or sale.

“Espresso/food stand” means a structure used primarily for the sale of beverages and foods designed for drive-through and pedestrian service having no indoor seating or appurtenances and limited outdoor seating.

“Family” means an individual or two or more persons related by blood, marriage, legal adoption or guardianship living together in a dwelling unit in which board and lodging may also be provided for not more than four additional persons, excluding servants; or a group of not more than five persons who need not be related by blood, marriage, legal adoption or guardianship living together in a dwelling unit.

“Farm or heavy equipment sales/service” means a premises wherein new or used agricultural or construction implements and vehicles are displayed for sale and/or serviced and repaired.

“Farming” means the commercial raising and harvesting of crops; feeding, breeding and management of livestock; dairying or other agricultural or horticultural use or any combination thereof and includes the disposal by marketing or otherwise of products produced on the premises. It includes the construction and use of dwellings and other buildings customarily provided in conjunction with farming, but does not include a commercial feed lot. It does not include private gardening where no produce is offered for sale.

“Fence” means any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

“Floor area” means the area included in surrounding walls of a building, exclusive of vent shafts and open courts, multiplied by the number of stories.

“Food processing plant” means a facility for manufacturing, processing or packaging of food products such as meat products, distilling, fermenting and canning. It excludes slaughtering, rendering, curing and tanning.

“Food store” means an establishment offering for sale raw or packaged edible materials and related items.

Fraternal/Social Lodge. See “Club.”

Fraternity/Sorority House. See “Dormitory.”

“Freight terminal” means a premises wherein cargo and other goods are loaded, unloaded or temporarily stored in the process of transporting such cargo to a new destination.

“Front lot line” means the property line separating the lot from the street, other than an alley. In the case of a corner lot, this means the shortest property line along a street; on an interior lot, the lot line abutting the street; on a through lot, the lot line abutting a street providing the primary access to the lot; or on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.

“Front yard setback” means a yard area between side lot lines, measured perpendicular to and extending a specific distance into the lot from the front lot line.

“Frozen food locker” means a building or part of a building where edible materials are kept in storage at temperatures below freezing.

“Fuel yard” means a premises wherein materials such as gasoline, heating oil and similar products are stored, combined or packaged.

“Funeral home” means a building or part thereof used for human funeral services. Such may contain space and facilities for: (a) embalming and the performance of other services used in preparation of the dead for burial; (b) the performance of autopsies and other surgical procedures; (c) the storage of caskets, funeral urns and other related funeral supplies; and (d) the storage of funeral vehicles, but shall not contain the facilities for cremation. Where a funeral home is permitted, a funeral chapel shall also be permitted.

Furniture Refinishing. See “Cabinet/furniture shop.”

Garage, Private. “Private garage” means a building for the private use of the owner or occupancy of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.

Garage, Repair. “Repair garage” means a premises wherein motor vehicles, engines or other mechanical equipment are dismantled, operated upon, cleaned, reassembled or otherwise altered to restore to a usable condition.

“Gas station” means a facility for the retail sale of motor fuels from fixed equipment into the tanks of motor vehicles and the sale of related automotive products and services other than repair and the replacement of parts.

“Gift shop” means a premises wherein merchandise is displayed and offered for sale at retail, where such merchandise is intended primarily for gifts as opposed to personal use and consumption.

“Grade (ground level)” means the average of the finished ground level at the center of all walls of the building. If a wall is parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.

“Grain storage” means a premises wherein agricultural commodities such as wheat, barley or peas are held for short- or long-term storage.

“Hazardous waste” means all dangerous and extremely hazardous waste as set forth in RCW 70.105.010.

“Hazardous waste treatment and storage” means hazardous waste management facilities requiring a state dangerous waste permit under the provisions of Chapter 173-303 WAC. Such facilities shall meet the siting criteria adopted pursuant to RCW 70.105.210 and, furthermore, such facility shall treat and store those wastes generated on or off the site property.

“Health club, private” means an indoor facility including uses such as game courts, exercise equipment, locker rooms, showers, hot tubs and/or sauna and pro shop with membership required for use.

“Height of building” means the vertical distance from the grade to the highest point of the coping of a flat roof to the deck lines of a mansard roof, or the average height of the highest gable of a pitch or hip roof.

Home for the Aged. See “Nursing home.”

“Home occupation” means an occupation, profession, activity or use which is clearly a customary, incidental or secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.

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

“Hotel” means a facility offering transient lodging accommodations on a daily rate to the general public and providing additional services such as restaurants, meeting rooms and recreational facilities.

“Ice manufacturer/cold storage plant” means a premises wherein frozen materials are processed, sold, packaged or kept in storage.

Industrial Use, Heavy. “Heavy industrial use” means a structure or use intended or used for manufacturing, processing, repairing or compounding, or for the storage or wholesale distribution of goods which in its normal course of operations creates noise levels which would be unacceptable in a commercial or residential district, which generates large volumes of truck and heavy equipment traffic and which may have certain operations occurring outside of enclosed structures.

Industrial Use, Light. “Light industrial use” means a structure or use intended or used for manufacturing, assembly or light repair which in its normal course of operations does not create noise levels which can be discerned beyond the property boundaries of the site, which does not generate large volumes of truck or heavy equipment traffic and which has no operations (except for transfer of goods) occurring outside of the enclosed structure.

“Junkyard” means property on which the dismantling, storage, sale or dumping of any materials or products occurs.

“Kennel” means a lot or building in which animals are kept commercially for board, propagation, training or sale on a continuous basis.

“Lot” means a parcel or tract of land.

“Lot area” means the total area of a lot measured in a horizontal plane within the lot boundary lines exclusive of public and private roads and easements of access to other property.

Lot, Corner. “Corner lot” means a lot abutting on and at the intersection of two or more streets.

“Lot coverage” means the area of a site covered by buildings or roofed areas, excluding allowed projecting eaves, balconies and similar features.

“Lot depth” means the average horizontal distance between the front lot line and the rear lot line.

Lot, Flag. “Flag lot” means lots or parcels with less frontage on a public street than is normally required. The panhandle is an access corridor to a lot or lots located behind lots with normally required street frontage.

Lot, Interior. “Interior lot” means a lot other than a corner lot.

“Lot line” means the property line bounding a lot.

Lot, Through. “Through lot” means a lot having its front and rear yards each abutting on a street.

“Lot width” means the average horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line.

“Machine shop” means a premises wherein there are facilities and tools which are utilized in the shaping, forging, welding or fabrication of metal products and related items.

“Manufactured house” means a house which was constructed after June 15, 1976, in accordance with state and federal requirements for manufactured houses, which: (a) is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long; (b) was originally constructed with and now has a composition of wood shake or shingle, coated metal or similar roof of not less than 3:12 pitch; (c) has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences; and (d) is transportable in two or more sections, is built on a permanent chassis and is used as a place of human habitation; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame.

“Manufactured housing park” means a parcel of land under single ownership that has been planned and improved for the placement of manufactured housing for dwelling purposes. It may not include mobile homes within its development.

“Manufacturing” means the making of goods or wares by manual labor or by machinery, especially on a large scale.

“Marijuana retail/medical processing” means processing, packaging and labeling of marijuana/marijuana-infused products for sale at wholesale to marijuana retailers.

“Marijuana retail/medical production” means the production of marijuana for sale at wholesale to marijuana processors.

“Marijuana retail/medical sales” means a location where state-licensed marijuana retailers sell only usable marijuana, marijuana-infused products, and marijuana paraphernalia to persons 21 years of age and older.

“Marina” means a premises wherein watercraft are stored, serviced, repaired or provided with temporary slippage.

“Meat packing plant” means a premises wherein animal carcasses are stored, processed, prepared or packaged.

“Medical, dental, optical laboratory” means a premises wherein supplies, apparatus or other medically related fixtures are assembled, altered, formed or created.

“Medical marijuana” means that marijuana used for medical purposes as determined by the state of Washington.

“Medically related professional office” means a premises wherein medically related services such as examinations, consultations or operations are performed on an outpatient basis with no overnight accommodation.

“Mobile home” means a transportable, factory-built house, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976, or a similar type house built after this date which does not match the definition of manufactured house.

“Mobile home park” means a parcel of land under single ownership that has been planned and improved for the placement of mobile homes for dwelling purposes. It may include manufactured housing within its development.

“Monument works” means a premises wherein stone, concrete or other materials are cut, carved, polished or otherwise prepared for use as grave markers, memorials or similar commemorative fixtures.

“Mortuary” means a premises used or intended to be used for holding the remains of the dead, including columbariums, crematories, mausoleums and mortuaries.

“Motel” means a building or group of buildings containing apartments and/or rooming units, each of which maintains a separate outside entrance. Such building or group of buildings is designed, intended or used primarily for the accommodation of motor vehicle travelers and provides motor vehicle parking on the premises.

“Nonconforming lot, structure or use” means a lot, structure or use which lawfully existed prior to the adoption, revision or amendment of pertinent code sections, but which fails by reason of such adoption, revision or amendment to conform to the new regulations.

“Nursery for flowers and plants” means a premises wherein living and freshly cut flowers and plants are grown, propagated or displayed for sale along with related merchandise.

“Nursing home” means a residential facility for four or more persons within which are provided living and sleeping facilities, medical and nursing services by a permanent staff as well as other possible services including meal preparation, laundry and room cleaning.

“Off-site” means materials, uses, facilities or improvements located on properties other than those on which the on-site facilities are located.

“On-site” means materials, uses, facilities or improvements located on the same geographically contiguous or bordering property.

“Outdoor storage” means the storage of any products, materials, vehicles, equipment, junk or scrap outside the confines of an enclosed building, and more specifically defined as:

(a) “Merchandise display,” meaning display of products and materials and operable vehicles and equipment for the principal purpose of offering for sale or rental at retail, and accessory to the business existing on the premises;

(b) “Equipment and material storage,” meaning storage of any equipment or materials in usable condition which are not being specifically displayed as merchandise and offered for sale at retail; and

(c) “Junk and scrap storage,” meaning storage of used products or scrap materials such as wood, cloth, paper, glass, metal, plastic or rock material which could be refurbished or converted into usable stock or material.

“Owner” includes an authorized agent of the owner.

“Park” means any public or private land available for recreational, cultural, educational or aesthetic use.

“Parking lot” means an area not within a building where motor vehicles may be stored for the purposes of temporary, daily or overnight off-street parking.

“Parking space” means an enclosed or unenclosed surfaced area of not less than 20 feet by nine feet in size, exclusive of maneuvering and access area, permanently reserved for the temporary storage of one vehicle.

“Petroleum storage” means a facility intended to hold oil, gas or similar materials in permanent containers.

“Photo studio” means a premises wherein photographic prints, slides or other products are sold, processed, packaged or displayed.

“Planned development” means land under unified control to be planned and developed as a whole in a single development operation of a definitely programmed series of development operations or phases. A planned development includes principal and accessory structures and uses substantially related to the character and purposes of the planned development. A planned development is built according to general and detailed plans that include not only streets, utilities, lots and building locations, but also site plans for all buildings. Also included is a program for provisions, operations and maintenance of such areas, facilities and improvements as will be for common use by all or some of the occupants of the planned development, but which will not be provided, operated or maintained at general public expense.

“Planning commission” means a body of individuals appointed by the city council whose duties include making recommendations on amendments to the ordinance codified in this chapter, to the comprehensive plan, land use regulatory measures, and studying future planning directions. See CMC 17.45.040.

“Port commercial use” means a structure or use intended or used for manufacturing, assembly or light repair which in its normal course of operation does not create noise levels which can be discerned beyond the property boundaries of the site and which does not generate large volumes of truck or heavy equipment traffic. It includes warehousing, storage and wholesale businesses and offices and limited retail and service uses which are compatible with or associated with the industrial uses allowed.

“Principal use” means the main or primary use of a lot or structure.

“Print shop” means a retail establishment that provides duplicating services using blueprint, photocopy and offset equipment and related services.

“Professional office” means a building which is more or less residential but not commercial in character and containing one or more offices in which there is no display of stock or wares in trade, commodities sold nor any commercial use conducted other than the professional offices of a doctor, dentist, lawyer, architect, minister of religion, insurance agent, realtor or other similar professional services which are predominantly administrative, professional or clerical operations, but shall not include barbershops, self-service laundry or similar services of commercial character nor general business offices.

“Public use” means a structure or use intended or used for a public purpose by a city, school district, county, state or by any other public agency or public utility.

“Public utility yard” means a premises wherein equipment, materials or structures are situated so as to provide or distribute necessary utility services.

“Rear lot line” means a property line which is opposite and most distant from the front lot line and, in the case of an irregular, triangular or other shaped lot, means a line 10 feet in length within the lot parallel to and at a maximum distance from the front lot line.

“Rear yard setback” means a yard area between side lot lines, measured perpendicular to and extending a specified distance into the lot from the rear lot line.

“Recreational facility, public” means an indoor and/or outdoor facility including uses such as game courts or fields, exercise equipment, locker rooms, showers, etc., open for public use on a large scale; such as a soccer complex, baseball complex, Boys and Girls Club, etc.

“Recreational vehicle (RV)” means a motor home, travel trailer, truck camper or camping trailer with or without motor power, built on a single chassis, and having a living area of less than 220 square feet and which is designed to be used as a seasonal or occasional-use dwelling.

“Recreational vehicle park (RVP)” means real property under a single ownership or management that is used as the location for the temporary occupancy of two or more recreational vehicles and/or tents.

“Recreational vehicle site” means that part of a recreational vehicle park that is designated for the parking or placement of a single recreational vehicle or tent.

“Recycling center” means the premises wherein recoverable material is separated or processed prior to shipment to others who will use those materials to manufacture new products.

“Recycling collection point” means a parcel or part of a parcel which serves as a drop-off site for temporary storage of recoverable material, where no processing occurs and where all material is kept within clean, well-maintained containers.

“Recycling plant” means a facility that processes or causes recoverable materials to be treated such that the materials are converted into usable products. This is not a junkyard.

“Rendering plant” means a premises wherein animal carcasses or parts are processed, altered or packaged.

“Research laboratory” means a premises wherein there are facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

“Resort” means a hotel or motel that serves as a destination point for visitors. A resort generally provides recreational facilities for persons on vacation.

“Restaurant” means an establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings or in nondisposable containers and where the customer consumes those foods while seated within the premises.

Restaurant, Drive-In. “Drive-in restaurant” means an establishment that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption on or off the premises.

Retail Store. See “Commercial use.”

“Sales, occasional” means an occasional or periodic sales activity held within a building, structure or open area where groups of individual sellers offer goods, new and used, for sale to the public. This does not include private yard or garage sales.

“Sanitary landfill” means a parcel of land which is intended for the long-term placement of waste items and complies with applicable Department of Ecology and other regulations.

“Schools (college)” means a facility which provides a curriculum of academic instruction for higher education beyond high school.

“Schools (K – 12)” means a facility which provides a curriculum of elementary and secondary academic instruction.

“Second-floor apartment” means a dwelling unit located on other than the ground floor of a building, including a building which has a commercial land use on the ground floor.

“Self-service laundry” means a business that provides washing, drying and/or ironing machines for hire to be used by customers on the premises.

“Self-service station” means an establishment where liquids used as motor fuels are stored and dispersed into fuel tanks of motor vehicles by persons other than the service station attendant and may include facilities available for the sale of other retail products.

“Service station” means a premises wherein gasoline and other petroleum products are sold and/or light maintenance activities such as engine tune-ups, lubrication, minor repairs and carburetor cleaning are conducted. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting and body fender work are conducted.

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

“Side yard setback” means a yard area between the front lot line and the rear lot line, measured perpendicular to and extending a specified distance into the lot from the side lot line.

“Sight obscuring” means any vegetation, structure, materials, equipment, vehicle or any combination thereof, which blocks more than 25 percent of the view through a given area.

“Sign” means a structure or device designed or intended to convey information to the public in written or pictorial form.

“Sign shop” means a premises wherein wood, plastic, metal, paint and other materials are crafted into devices which are intended to convey information in written or pictorial form.

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

“Specified anatomical areas” means:

(a) Less than completely or opaquely covered:

(i) Human genitals, pubic hair, vulva;

(ii) Buttocks, anus; and

(iii) Female breasts below a point immediately above the top of the areola.

(b) Human male genitals in a discernibly turgid state, even if completely or opaquely covered.

“Specified sexual activities” means:

(a) Human genitals in a state of sexual stimulation or arousal;

(b) Acts of human masturbation, sexual intercourse or sodomy;

(c) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast;

(d) Implied or simulated sexual activities.

“Storage rental unit” means a building or group of buildings which consist of varying sizes of individual, compartmentalized and controlled access stalls or lockers of the storage of customer’s goods or wares.

“Story” means that portion of a building included between the upper surface of any floor and the upper floor next above, except that the top story shall be that portion of a building included between the upper surface of the top floor and the ceiling above. If the finished floor level directly above a basement or cellar is more than six feet above grade, each basement or cellar shall be considered a story.

“Street” means the entire width between boundary lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic and the placement of utilities. It includes the terms roads, highways, place, avenue, boulevard or other similar designations.

“Structural alteration” means any change to the supporting members of a building including foundations, bearing walls or partitions, columns, beams, girders or any structural change in the roof or in the exterior walls.

“Structure” means something constructed or built and having a fixed base on, or fixed connection to, the ground or another structure. Structures include decks, porches, etc., which are greater than 15 inches above grade elevation.

“Terminal/trucking yard” means land and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another. The terminal cannot be used for permanent or long-term storage for principal land uses at other locations. The terminal facility may include storage areas for trucks and trailers.

Theater, Interior. “Interior theater” means a premises wherein images are projected onto a screen for public or private viewing.

“Tire shop” means a premises wherein tires, wheels, brakes and other portions of motor vehicles are examined, repaired or replaced, but shall not include portions of the power plant or shell of the motor vehicle. This includes the display and storage of the necessary products, but does not include the manufacturing or retreading of tires.

“Trailer” means a nonmotorized vehicle designed for being drawn by or used in conjunction with a motorized vehicle and which is constructed so that no appreciable part of its weight rests upon or is carried by such motorized vehicle. The term “trailer” also includes what is commonly known as a “fifth-wheeler.”

“Transportation facilities” means a premises wherein motor vehicles are stored, where minor service is performed, where cleaning is performed or where exchanging of cargo is done.

Truck and Tractor Repair. See “Garage repair.”

“Upholstery shop” means a premises wherein cloth, leather, plastic and other materials are cut, formed, molded or applied to furniture and related materials to provide a covering surface.

“Variance” means a dispensation permitted on individual parcels of property as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure or property, which, because of unusual or unique circumstances, is denied by the terms of the zoning code. See Chapter 17.35 CMC.

“Veterinary clinic” means a premises wherein medically related services such as examinations, consultations or operations are performed for nonhuman animals.

“Warehouse” means a building used primarily for the storage of goods and materials.

“Wholesale distributing facility” means a premises which engages in storage, wholesale and distribution of manufactured products, supplies and equipment, but excludes bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions.

“Wood processing plant” means a premises wherein timber products are cut, altered, seasoned, formed or otherwise prepared into a commodity of a more refined nature which may be sold at wholesale or retail.

Wrecking Yard. See “Auto wrecking yard.”

“Yard” means an open space on a lot which is unobstructed by a structure, except as otherwise provided or allowed.

“Zoning official” means the planning director, planning consultant or other person who is appointed to that role by the mayor. [Ord. 1556 § 1, 2016; Ord. 1528 § 1, 2014; Ord. 1460 § 1, 2010; Ord. 1392 § 1, 2004; Ord. 1349 § 1, 2001; Ord. 1138 § 1, 1992. Code 1966 § 17.01.030.]