Chapter 17.02
DEFINITIONS
Sections:
17.02.010 Definitions.
Unless the context otherwise requires, the definitions in this chapter apply throughout this title.
Tenses: Words used in the present tense include the future; the singular includes the plural; male includes female; “building” includes “structure”; and the word “used” includes “arranged,” “designed,” “constructed,” “altered,” “converted,” “rented,” “leased” or “intended to be used.”
Word usage: The words “must” and “shall” are mandatory and the word “may” is permissive. The words “provisions,” “requirements” and “conditions” are interchangeable as are the words “lot,” “parcel,” “site,” “premises,” and “property.” The term “street” includes “avenue,” “drive,” “circle,” “road,” “parkway,” “boulevard,” “highway,” “thoroughfare,” “freeway” or any other similar term. The definitions in the International Building Code supplement these definitions.
“Accessory dwelling unit” (“ADU”) means a separate additional living unit, including separate kitchen, sleeping and bathroom facilities, attached or detached from the primary residential unit on a single-family lot. An ADU is distinguishable from a duplex in that, unlike a duplex, it is clearly subordinate to the primary dwelling unit, both in use and appearance. Manufactured homes or recreational vehicles shall not be used as accessory dwelling units.
“Accessory use or structure” means a use or building subordinate to the principal use of the land and which is on the same lot, serves a purpose customarily incidental to the use of the main use or building and does not change the character of the principal use.
“Administrator” means the city administrator or their designee who has been charged with the responsibility of administering this title.
Adult Concessions.
(1) “Adult concessions” (see also Section 17.19.120) means and includes, but is not limited to:
(a) Adult Bookstore. “Adult bookstore” 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 or such material.
(b) Adult Motion Picture Theater. “Adult motion picture theater” means an enclosed or drive-in theater with a capacity of ten 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.
(c) Artist—Body Painting Studio. “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.
(d) Cabaret. “Cabaret” means any place wherein food and beer, whiskey, wine or other spirituous liquor is served on the premises at a profit, which features go-go dancers, exotic dancers, male or female impersonators, or similar entertainers.
(2) For the purpose of this definition, “specified sexual activities” means:
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse or sodomy; and
(c) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
(3) For the purpose of this definition, “specified anatomical areas” means:
(a) Less than completely or opaquely covered:
(i) Human genitals, pubic region;
(ii) Buttocks;
(iii) Female breasts below a point immediately above the top of the areola; and
(b) Human male genitals in a discernible turgid state, even if completely or opaquely covered.
(4) For the purpose of this definition, “used” describes a continuing course of conduct of exhibiting “specific sexual activities” and “specified anatomical areas” in a manner which appeals to a prurient interest.
“Adult family home” means a dwelling, licensed by Washington State, 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.
“Alley” means an improved thoroughfare placed at the rear of lots, and not more than twenty feet in width.
“Assisted living facility” means a home or other institution, licensed by the state of Washington, providing housing, basic services and assuming general responsibility for the safety and well-being of residents under Chapter 18.20 RCW and Chapter 388-78A WAC. These facilities may provide care to residents with symptoms consistent with dementia requiring additional security measures.
“Block” means the length of a street between well-defined boundaries.
“Boarding house/rooming house” means a building having leased sleeping quarters and bathroom facilities but with common dining facilities for the residents and no individual kitchen facilities.
“Building” means any structure conforming with the International Building Code, except manufactured homes and recreational vehicles, having a roof supported by columns or walls, and used or intended to be used for the shelter or enclosure of people, animals, chattels, or property of any kind.
“Carport” means a covered space for the housing of vehicles, boats, trailers, etc., and enclosed on no more than two sides.
“Child day care facility” means a building or structure in which an agency, person or persons regularly provide care for a group of more than twelve children for periods of less than twenty-four hours a day. Child day care facilities include family day care homes, out-of-home child mini-day care centers, and child day care centers regulated by the Washington State Department of Social and Health Services, as presently defined and hereafter amended (Chapter 74.15 RCW, WAC 388-73-422).
Dwelling, Multiple-Family. “Multiple-family dwelling” means a building used or designated as a residence for two or more families living independently of each other and doing their own cooking therein. This includes duplexes, apartment houses, apartment hotels, flats and group homes.
Dwelling, Single-Family. “Single-family dwelling” means a detached building designed for, or occupied exclusively by, one family.
“Dwelling unit” means two or more rooms designed for occupancy by one family, which has at least one bathroom and kitchen and is in compliance with the International Building Code.
“Essential public facilities” means public facilities and privately owned or operated facilities serving a public purpose that are typically difficult to site. They include but are not limited to airports, state education facilities, state or regional transportation facilities, prisons, jails, other correctional facilities, and solid waste handling facilities. These facilities are of statewide and regional significance. Local transit service is not considered an essential public facility. Essential public facilities will be allowed in locations appropriate for the services provided and the people served.
“Family” means one 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 additional persons as provided in the zoning district in which located; 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.
“Family day care” means an entity regularly providing care to twelve or fewer children in the provider’s home in the living quarters. See WAC 365-196-865. As used in this title, the term is not intended to include babysitting services of a casual, nonrecurring nature or in the child’s own home. Likewise, the term is not intended to include cooperative, reciprocative childcare by a group of parents in their respective homes.
“Floor area” means that area bound by the surrounding walls of a building, or portion thereof, multiplied by the number of stories. The floor area of a building or portion thereof, without surrounding exterior walls, is the usable area under the horizontal projection of the roof or floor above.
“Food vending vehicle” means the vending of food and/or beverages from a large vehicle that is equipped to both cook and sell food, and that is capable of being moved from place to place.
Garage, Private. “Private garage” means a detached, enclosed accessory building or an attached, enclosed portion of the principal main building used for storage by the occupant of the main building.
Garage, Public. “Public garage” means any building or portion thereof, other than a private garage, which is used for the parking or storage of motor vehicles, boats, trailers, etc., or any building or premises where such vehicles, boats, trailers, etc., are repaired or kept for hire or sale.
“Group housing for handicapped persons” means a dwelling unit used principally for the housing of handicapped individuals, protected by the Federal Fair Housing Act, with or without supervisory resident staff housed in the same unit. “Group housing for handicapped persons” does not include dwelling units made available to individual(s) whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. “Group housing for handicapped persons” does not include secure community transition facilities as defined in RCW 71.09.020. As used in this definition, “handicaps” are defined in the Federal Fair Housing Amendments Act of 1998 (42 USC 3602), as amended.
“Hazardous waste” means all dangerous and extremely hazardous waste as defined by RCW 70.105.010 except for moderate-risk waste.
“Hazardous waste storage” means temporarily holding hazardous waste.
“Hazardous waste treatment” means the physical, chemical or biological amelioration of hazardous waste.
Hazardous Waste Treatment and Storage Facility, Off-Site. “Off-site hazardous waste treatment and storage facility” means a treatment and storage facility that treats and stores waste from generators on properties other than those on which the treatment and storage facility is located.
Hazardous Waste Treatment and Storage, On-Site. “On-site hazardous waste treatment and storage” means a treatment and storage facility that treats and stores waste generated on the same, geographically contiguous or bordering property.
“Hearing examiner” means the hearing examiner of the city.
“Home occupation” means any occupation or business carried on within a residence by the occupant thereof, which activity is clearly incidental to the use of the residence as a dwelling and does not change the residential character thereof.
“Junk auto” means any auto, truck, camper, motor home, recreational vehicle, or other motor vehicle which is inoperative due to lack of wheels, motor, running gear or any combination thereof.
“Junkyard” means any lot or structure where waste, or discarded or salvageable materials, are exchanged, stored or handled. This definition does not include secondhand stores; used furniture stores; establishments salvaging recyclable material when all activity and storage are conducted wholly within a completely enclosed building; and establishments for the sale of used motor vehicles and machines which are in operative condition.
“Livestock” is defined as cattle, horses, swine, mules, donkeys, sheep, lambs, goats, or other hoofed animal.
“Lot” means a parcel of land occupied by, or which may be occupied by, a building and its accessory buildings and including the yards and other open spaces required by this title and having frontage upon an improved street.
“Lot area” means the total area of a lot contained within the lot boundary lines.
Lot, Corner. “Corner lot” means a lot fronting on two or more improved streets at their intersection, except an alley.
“Lot depth” means the average horizontal distance between the front lot line and the rear lot line.
“Lot line” means the property line bounding a lot.
Lot Line, Front. “Front lot line” means, in the case of an interior lot, the property line separating the lot from a street other than an alley, and in the case of a corner lot, either property line separating the lot from the street as so designated by the lot owner at the time of application for a building permit.
Lot Line, Rear. “Rear lot line” means the property line which is opposite and most distant from the front line, and in the case of an irregular, triangular or other shaped lot, a line ten feet in length within the lot parallel to and at a maximum distance from the front lot line.
Lot Line, Side. “Side lot line” means any property line not a front or rear lot line.
“Lot width” means the average horizontal distance between the side lot lines, measured parallel to the front lot line.
“Manufactured home” means a single-family dwelling built according to the United States Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, which is a national preemptive building code. A manufactured home also: (1) includes plumbing, heating, air conditioning, and electrical systems; (2) is built on a permanent chassis; and (3) can be transported in one or more sections with each section at least eight feet wide and forty feet long when transported, or when installed on the site is three hundred twenty square feet or greater.
“Manufactured/mobile home” means either a manufactured home or a mobile home.
“Mobile home” means a factory-built dwelling built prior to June 15, 1976, to standards other than the United States Department of Housing and Urban Development code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the United States Department of Housing and Urban Development Manufactured Home Construction and Safety Act.
“Motel” means a building or group of buildings comprising individual sleeping or living units for the accommodation of transient guests.
“Nonconforming use or structure” means a lawfully existing use or structure at the time this title or any amendment thereto became effective or upon annexation, which does not conform to the requirements of the zone in which located.
“Nursing home, homes for the aged” means an adult care facility in accord with Chapter 388-76 WAC, regulations of the Washington State Department of Social and Health Services and the Benton-Franklin Health District.
“Parking area, off-street parking lot, public or private” means an open area or lot other than a street or other public way, used for the parking of vehicles and available whether for a fee, free, or as an accommodation for clients, customers or employees.
“Parking space” means an enclosed or unenclosed, permanently improved parking area plus access thereto.
“Person” means every natural person, cooperative, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government, or any other group or combination thereof, acting as a unit.
“Planning commission” means the planning commission for the city.
“Poultry” is defined as chickens, turkeys, waterfowl, game birds, pigeons, peacocks, doves and other domestic fowl.
“Public and quasi-public uses” means those uses which are public and private not-for-profit educational institutions, civic buildings, community buildings and uses, public utility uses including substations, governmental buildings; churches, church-related uses; museums, art galleries, libraries; reservoirs, public recreational facilities; and essential services and similar uses.
“Service station” means a retail establishment selling motor vehicle fuel and other petroleum projects or washing, lubricating or repairing vehicles, but not tire recapping, major engine overhaul, or body or fender work.
“Street frontage” means that portion of a lot facing a public or private street other than an alley.
“Structure” means any construction which cannot be defined as a building, including fences, walls, communication devices, supporting members of signs and uses of similar nature and anything permanently located on the ground or attached to something permanently located on the ground.
Tenses—Word Usage. Words used in the present tense include the future; the singular includes the plural; male includes female; “building” includes “structure”; and the word “used” includes “arranged,” “designed,” “constructed,” “altered,” “converted,” “rented,” “leased” or “intended to be used.” The words “must” and “shall” are mandatory and the word “may” is permissive. The words “provisions,” “requirements” and “conditions” are interchangeable as are the words “lot,” “parcel,” “site,” “premises,” and “property.” The term “street” includes “avenue,” “drive,” “circle,” “road,” “parkway,” “boulevard,” “highway,” “thoroughfare,” “freeway” or any other similar term. The definitions in the International Building Code supplement these definitions.
“Townhome” or “townhouse” means a dwelling on a parcel, which shares a common wall on a side lot line with a similar adjoining dwelling(s) on a separate, adjacent parcel.
“Use” means the purpose for which a parcel of land or a structure is designed, used, arranged or intended or for which it is occupied or maintained.
“Variance” means a modification of a zoning requirement which will not be contrary to the public interest, and where, owing to a condition peculiar to the property and not the result of actions of the applicant, a literal enforcement of this title will result in an unnecessary and undue hardship.
“Vehicle” means any device capable of movement, including automobiles, buses, trucks, cars, and vans, without regard to whether its primary purpose is to convey persons or objects, and even though it may be at the time immobilized.
“Yard” means an open space on a lot which is unobstructed by any building or structure from the ground upward, except as provided herein.
Yard, Front. “Front yard” means an open space between the side lot lines, measured horizontally and at right angles from the front lot line to the nearest line of the building.
Yard, Rear. “Rear yard” means an open space between the side lot lines measured horizontally at right angles from the rear lot line to the nearest line of the building.
Yard, Side. “Side yard” means an open space between the front and rear yards measured horizontally and at right angles from the side lot line to the nearest line of the building.
“Zoning map” means the zoning map or maps of the city, together with all amendments. (Ord. 1038 § 5, 2024; Ord. 1006 § 1 (Exh. A) (part), 2020: Ord. 970 § 1, 2017; Ord. 923 § 1 (part), 2012: Ord. 831 § 2, 2008; Ord. 819 § 4, 2007; Ord. 689 § 1 (part), 1997. Formerly 17.06.010).