Chapter 17.08
DEFINITIONS

Sections:

17.08.010    General definitions.

17.08.020    Accessory building.

17.08.024    Accessory dwelling.

17.08.030    Accessory use.

17.08.040    Adjacent.

17.08.050    Adjoining.

17.08.051    Adult arcade.

17.08.052    Adult cabaret.

17.08.053    Adult entertainment.

17.08.054    Adult entertainment facility.

17.08.055    Adult family home.

17.08.056    Adult motel.

17.08.057    Adult motion picture theater.

17.08.058    Adult retail store.

17.08.060    Advertising sign.

17.08.063    Agriculture.

17.08.070    Alter, alteration.

17.08.073    Animal.

17.08.075    Assisted living facility.

17.08.080    Automobile wrecking yard.

17.08.090    Basement.

17.08.093    Battery charging station.

17.08.094    Battery exchange station.

17.08.100    Boardinghouse or bed and breakfast facility.

17.08.110    Building.

17.08.120    Building height.

17.08.130    Building line.

17.08.132    Bus passenger amenities.

17.08.142    Cargo container.

17.08.150    Carport.

17.08.152    Charging levels.

17.08.155    Child day care facility.

17.08.160    Clinic.

17.08.162    Combined parking.

17.08.164    Community youth center.

17.08.170    Conditional use.

17.08.180    Construction material, basic.

17.08.190    Coverage.

17.08.192    Cryptocurrency.

17.08.193    Cryptocurrency mining.

17.08.194    Data center.

17.08.197    Deck.

17.08.200    Dwelling.

17.08.210    Dwelling, detached.

17.08.220    Dwelling, multifamily.

17.08.230    Dwelling, single-family.

17.08.240    Dwelling, two-family.

17.08.250    Dwelling unit.

17.08.252    Electric vehicle.

17.08.253    Electric vehicle charging station.

17.08.254    Electric vehicle infrastructure.

17.08.260    Family.

17.08.263    Farm animal, large.

17.08.264    Farm animal, small.

17.08.270    Fences.

17.08.280    Garage, commercial.

17.08.290    Garage, private.

17.08.300    Gross floor area.

17.08.310    Group housing.

17.08.315    Handling or processing of hazardous substances.

17.08.316    Hazardous waste.

17.08.320    Home occupation.

17.08.330    Hospital.

17.08.340    Hotel.

17.08.350    Humanistic services facility.

17.08.360    Repealed.

17.08.370    Junkyard.

17.08.373    Kennel.

17.08.375    Livestock.

17.08.380    Lodging house.

17.08.384    Lot line, front.

17.08.385    Lot line, rear.

17.08.386    Lot line, side.

17.08.390    Lot of record.

17.08.393    Lot, substandard.

17.08.395    Lot, through.

17.08.400    Lot width.

17.08.410    Lot, zoned.

17.08.420    Manufactured home.

17.08.425    Miniature goat.

17.08.430    Mobile home.

17.08.440    Mobile/manufactured home park.

17.08.450    Modular home.

17.08.460    Motel.

17.08.470    Municipal buildings.

17.08.480    Off-site hazardous waste facilities.

17.08.490    On-site hazardous waste facilities.

17.08.500    Parking space, parking stall.

17.08.503    Pasture area.

17.08.505    Patio.

17.08.510    Permissive use.

17.08.512    Personal service.

17.08.516    Pet or companion animal.

17.08.520    Place of public or private assembly.

17.08.522    Potbelly pig, miniature.

17.08.523    Poultry.

17.08.524    Primary or principal use.

17.08.524A    Professional offices.

17.08.525    Public facilities.

17.08.527    Public services.

17.08.530    Secondary use.

17.08.540    Setback distance.

17.08.550    Setback line.

17.08.552    Sexually oriented materials.

17.08.556    Shared parking.

17.08.560    Repealed.

17.08.570    Special exceptions.

17.08.572    Specified anatomical areas.

17.08.573    Specified sexual activities.

17.08.580    Story.

17.08.590    Structure.

17.08.600    Substandard street.

17.08.610    Technical review committee.

17.08.620    Terrace.

17.08.625    Utility or utility services.

17.08.630    Yard, front.

17.08.640    Yard, rear.

17.08.650    Yard, side.

17.08.660    Zero lot line development.

17.08.010 General definitions.

A. The words “used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.”

B. “Board” means the board of adjustment of the city.

C. “City” means the city of East Wenatchee, a municipal corporation.

D. “Comprehensive Plan” means the current Comprehensive Plan of the city together with the Comprehensive Plan maps.

E. “Council” means the city council for the city of East Wenatchee.

F. “Planning commission” means the planning commission of the city of East Wenatchee.

G. Whenever the term “this title” or the term “the ordinance codified in this title” is referred to, it shall include all amendments. (Ord. 91-5 § 2, 1991)

17.08.020 Accessory building.

“Accessory building” means a subordinate structure, the use of which is incidental to the use of the main building on the same lot. (Ord. 91-5 § 2, 1991)

17.08.024 Accessory dwelling.*

“Accessory dwelling” means a second dwelling unit that is subordinate to and located on the same lot as a primary residence and with provisions for independent cooking, living, sanitation, and sleeping. Accessory dwellings may be incorporated within or detached from a primary single-family residence. (Ord. 05-07 § 2, 2005)

*Code reviser’s note: Ordinance 05-07 added this section as EWMC 17.08.034. It has been renumbered to preserve alphabetization.

17.08.030 Accessory use.

“Accessory use” means a use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use. (Ord. 91-5 § 2, 1991)

17.08.040 Adjacent.

“Adjacent” means lying near, close to, or contiguous. (Ord. 91-5 § 2, 1991)

17.08.050 Adjoining.

“Adjoining” means lying near, close to, or contiguous. (Ord. 91-5 § 2, 1991)

17.08.051 Adult arcade.

“Adult arcade” means a commercial establishment containing individual viewing areas or booths where, for any form of consideration including a membership fee, one or more still or motion picture projectors, slide projectors, cathode ray tube (CRT) projectors, liquid crystal display (LCD) projectors, television monitors, computer terminals or other similar image producing machines are used to show films, motion pictures, video cassettes, slides, laser discs, digital versatile discs (DVDs) computer discs, internet sites or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. (Ord. 2000-01 § 3, 2000. Formerly 17.08.052)

17.08.052 Adult cabaret.

“Adult cabaret” means a nightclub, bar, restaurant, tavern, or other similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment. (Ord. 2000-01 § 3, 2000. Formerly 17.08.053)

17.08.053 Adult entertainment.

“Adult entertainment” means:

A. Any exhibition, performance, or dance conducted in an adult entertainment facility where such exhibition, performance, or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or

B. Any exhibition, performance, or dance intended to sexually stimulate any member of the public and conducted in an adult entertainment facility where such exhibition, performance, or dance is performed for, arranged with, or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition, or dance. For purposes of example and not limitation, such exhibitions, performances, or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing. (Ord. 2000-01 § 3, 2000. Formerly 17.08.054)

17.08.054 Adult entertainment facility.

“Adult entertainment facility” means a commercial establishment defined herein as an adult arcade, adult cabaret, adult motel, adult motion picture theater, or adult retail store. (Ord. 2000-01 § 3, 2000. Formerly 17.08.055)

17.08.055 Adult family home.*

“Adult family home” means a regular family abode of a person or persons who are providing personal care, room, and board to 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 Department of Social and Health Services determines that the home is of adequate size and the home and provider(s) are capable of meeting the standards and qualifications of Chapter 70.128 RCW. Adult family homes shall be licensed by the state as an adult family home under RCW 70.128.060. (Ord. 01-03 § 1, 2001)

*Code reviser’s note: Ordinance 01-03 added this section as 17.08.055. To preserve alphabetization and prevent duplication of numbering, existing §§ 17.08.05217.08.055 have been editorially renumbered to §§ 17.08.05117.08.054, respectively.

17.08.056 Adult motel.

“Adult motel” means a hotel, motel, or similar commercial establishment which:

A. Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, laser discs, digital versatile discs (DVDs), computer discs, internet sites, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas and that has a sign visible from the public right-of-way that advertises the availability of this type of sexually oriented materials; or

B. Offers a sleeping room for rent for a rental fee period of time that is less than 10 hours; or

C. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours. (Ord. 2000-01 § 3, 2000)

17.08.057 Adult motion picture theater.

“Adult motion picture theater” means an enclosed commercial establishment where, for any form of consideration, motion pictures, films, video cassettes, slides, laser discs, digital versatile discs (DVDs), computer discs, internet sites or other similar visual representations are regularly shown that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. (Ord. 2000-01 § 3, 2000)

17.08.058 Adult retail store.

“Adult retail store” means a commercial establishment such as a bookstore, video store, or novelty shop which as its principal business purpose offers for sale or rent, for any form of consideration, any one or more of the following:

A. Books, magazines, periodicals, or other printed materials or photographs, films, motion pictures, video cassettes, slides, laser discs, digital versatile discs (DVDs), computer discs or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or

B. Instruments, devices, or paraphernalia de-signed for use in connection with any specified sexual activities;

C. For the purpose of this definition, the term “principal business purpose” shall mean the business purpose that constitutes 50 percent or more of the stock-in-trade of a particular business establishment. The stock-in-trade of a particular business establishment shall be determined by examining either: (1) the retail dollar value of all sexually oriented materials compared to the retail dollar value of all nonsexually oriented materials readily available for purchase, rental, view, or use by patrons of the establishment, excluding inventory located in any portion of the premises not regularly open to patrons; or (2) the total volume of shelf space and display area reserved for sexually oriented materials compared to the total volume of shelf space and display area reserved for nonsexually oriented materials. (Ord. 2000-01 § 3, 2000)

17.08.060 Advertising sign.

“Advertising sign” means a sign which directs attention to a business commodity, service or entertainment conducted, sold or offered upon and/or elsewhere than upon the same lot. (Ord. 91-5 § 2, 1991)

17.08.063 Agriculture.

“Agriculture” means the tilling of the soil; the raising of crops; forestry; horticulture; nonretail greenhouses, nurseries and gardening; and the keeping or raising of livestock and poultry. Agriculture does not include the growing or production of marijuana. (Ord. 15-14 § 3, 2015; Ord. 13-03 § 3, 2013)

17.08.070 Alter, alteration.

“Alter” or “alteration” means any structural changes or additions and any modification made for a change in type of use. (Ord. 91-5 § 2, 1991)

17.08.073 Animal.

“Animal” means any living nonhuman mammal, bird, reptile, or amphibian. (Ord. 13-03 § 3, 2013)

17.08.075 Assisted living facility.

“Assisted living facility” means a multifamily residential use licensed by the state of Washington and meeting the requirements of Chapter 388-110 WAC, offering a variety of services to residents, including personal care, food preparation and dining areas, group recreational or activity areas, and limited nursing services. Included as facilities in this definition are congregate care, nursing homes, boarding homes pursuant to Chapter 18.20 RCW, and convalescent homes. Assisted living facilities may include housing for the resident in a private apartment-like unit. An “assisted living facility” contains multiple assisted living units. An “assisted living unit” is a dwelling unit permitted only in an assisted living facility. Not included in this definition are facilities meeting the definition of “adult family home” as defined in this chapter. (Ord. 01-03 § 1, 2001)

17.08.080 Automobile wrecking yard.

“Automobile wrecking yard” means an area in which is conducted the dismantling and/or wrecking of used motor vehicles, machinery or trailers or the storage or sale of partially dismantled, obsolete or wrecked vehicles or their parts or the storage of motor vehicles unable to be moved under the power of the vehicle. (Ord. 91-5 § 2, 1991)

17.08.090 Basement.

“Basement” means that portion of a story partly underground and having at least one-half the height or more than five feet below the adjoining finished grade. (Ord. 91-5 § 2, 1991)

17.08.093 Battery charging station.

“Battery charging station” means an electrical component assembly or cluster or component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW, as amended, and consistent with rules adopted under RCW 19.27.540, as amended. (Ord. 11-02 § 3, 2011)

17.08.094 Battery exchange station.

“Battery exchange station” means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW, as amended, and consistent with rules adopted under RCW 19.27.540, as amended. (Ord. 11-02 § 3, 2011)

17.08.100 Boardinghouse or bed and breakfast facility.

“Boardinghouse or bed and breakfast facility” means a single-family dwelling where transient accommodations with or without meals are provided for five or less guest rooms, located within the primary residence, for compensation. (Ord. 05-07 § 5, 2005; Ord. 91-5 § 2, 1991)

17.08.110 Building.

“Building” means a freestanding structure except when divided by party walls without openings when each portion so separated shall be considered a separate building. (Ord. 91-5 § 2, 1991)

17.08.120 Building height.

“Building height” means the vertical distance above the reference datum from the highest point of the structure as described in EWMC 17.72.035. For wireless communication facilities, building height shall be measured as the vertical distance between the average finished grade of the ground upon which the tower or facility will be located to the highest point of the tower or structure including any antenna(s). (Ord. 08-09 § 3 Exh. A-1(1), 2008; Ord. 02-22 § 2, 2002; Ord. 91-5 § 2, 1991)

17.08.130 Building line.

“Building line” means the line of that facet or corner or part of a building nearest the property line and parallel to the property line. (Ord. 91-5 § 2, 1991)

17.08.132 Bus passenger amenities.

“Bus passenger amenities” means shelters, benches, trash receptacles and other related items or structures directly related to the provision of services to bus passengers at designated bus stops. (Ord. 01-03 § 1, 2001)

17.08.142 Cargo container.

“Cargo container” means a standardized, reusable storage and transport unit, designed without an axle or wheel which was originally, specifically or formally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and was designed for or capable of being mounted or moved on a rail car, chassis or bogie, or similar transportation device, for movement by truck trailer or loaded on a ship. (Ord. 19-19 § 5, 2019)

17.08.150 Carport.

“Carport” means a covered shelter for an automobile open on two or more sides. (Ord. 91-5 § 2, 1991)

17.08.152 Charging levels.

“Charging levels” means the electrical force, or voltage, at which an electric vehicle’s battery is recharged. Levels 1, 2, and 3 are the most common electric vehicle charging levels, and include the following specifications:

A. Level 1 is considered slow charging, requiring a 15- or 20-amp breaker on a 120-volt AC circuit and standard outlet.

B. Level 2 is considered medium charging, requiring a 40-amp to 100-amp breaker on a 208- or 240-volt AC circuit.

C. Level 3 is considered rapid charging, requiring a 60-amp or higher dedicated breaker on a 480-volt or higher three-phase circuit with special grounding equipment. Level 3 charging uses an off-board charger to provide the AC to DC conversion, delivering DC directly to the car battery. (Ord. 11-02 § 3, 2011)

17.08.155 Child day care facility.

“Child day care facility” means a facility licensed by the state of Washington furnishing care, supervision and guidance of an individual or group of individuals for a period of more than four hours, but less than 24 hours, per day. Child day care facilities are classified as follows:

A. “Child day care center” means a facility (not located in the residence of the care provider) providing regularly scheduled care within an age range of one month of age through 12 years of age, for periods less than 24 hours.

1. A Group 1 child day care center provides care for 12 or fewer children.

2. A Group 2 child day care center provides care to 13 or more children.

B. “Family day care home” means a facility located within the family dwelling of the person or person under whose direct care and supervision the child is placed, for the care of 12 or fewer children, including children who reside at the home. (Ord. 01-03 § 1, 2001)

17.08.160 Clinic.

“Clinic” means a building designed and used for medical, dental and surgical diagnosis and treatment of outpatients under the care of doctors and nurses, having a central reception room for three or more doctors and operating under a central medical management. (Ord. 91-5 § 2, 1991)

17.08.162 Combined parking.

“Combined parking” means an arrangement between private parties which satisfies the parking requirements by allocating the requisite number of spaces for each use in a common parking facility, cooperatively established or operated. Combined parking is more particularly described in EWMC 17.72.010. (Ord. 02-18 § 7, 2002)

17.08.164 Community youth center.

“Community youth center” means an enclosed structure open to the general public that is owned and operated by the city of East Wenatchee or another public agency and that is used predominantly by children for cultural, educational, recreational, or social purposes. (Ord. 2000-01 § 3, 2000)

17.08.170 Conditional use.

“Conditional use” means the uses, identified in Chapters 17.64 and 17.66 EWMC, which may be permitted subject to the conditions imposed by either the code compliance officer or the board of adjustment, in accordance with the provisions of this code. (Ord. 92-10 § 1, 1992; Ord. 92-1 § 1, 1992; Ord. 91-5 § 2, 1991)

17.08.180 Construction material, basic.

“Basic construction material” means all concrete products, lumber, steel, cement and generally those materials used for structural support. (Ord. 91-5 § 2, 1991)

17.08.190 Coverage.

“Coverage” means the total ground coverage of all buildings or structures on a site measured from the outside of external walls or supporting members, not including: pools; uncovered patios; uncovered decks less than 30 inches in height (exclusive of safety railings); driveways; open steps and buttresses; terraces; and ornamental features projecting from buildings or structures which are not otherwise supported by the ground. (Ord. 2000-02 § 1, 2000; Ord. 91-5 § 2, 1991)

17.08.192 Cryptocurrency.

“Cryptocurrency” means a digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank. Bitcoin is the most common example of cryptocurrency. (Ord. 19-19 § 6, 2019)

17.08.193 Cryptocurrency mining.

“Cryptocurrency mining” means the operation of specialized computer equipment for the primary purpose of mining one or more blockchain based cryptocurrencies such as Bitcoin. This activity typically involves the solving of algorithms as part of the development and maintenance of a blockchain which is a type of distributed ledger maintained on a peer-to-peer network. Typical physical characteristics of cryptocurrency mining include specialized computer hardware with a nondiverse electrical use for mining operations as well as equipment to cool the hardware and operating space. For the purposes of the associated regulations, cryptocurrency mining does not include the exchange of cryptocurrency or any other type of virtual currency nor does it encompass the use, creation, or maintenance of all types of peer-to-peer distributed ledgers. (Ord. 19-19 § 7, 2019)

17.08.194 Data center.

“Data center” means a facility where the primary use is to house and operate networked computer systems and associated components that include, but may not be limited to, power supply, data communications connections, environmental controls, and security devices. Facilities or operations that meet the definition of “Cryptocurrency mining” will be regulated under that land use designation. (Ord. 19-19 § 8, 2019)

17.08.197 Deck.

“Deck” means a covered or uncovered structure which requires a foundation or other supporting structure and is more than 30 inches in height (exclusive of safety railings) as measured from the average finished grade under the deck to the floor elevation. (Ord. 2000-02 § 2, 2000)

17.08.200 Dwelling.

“Dwelling” means a building or portion thereof designed exclusively for a residential occupancy including one-family, two-family, three-family and multifamily dwellings, but not including hotels, boardinghouses and lodging houses. (Ord. 91-5 § 2, 1991)

17.08.210 Dwelling, detached.

“Detached dwelling” means a dwelling unit surrounded on all sides by open spaces. (Ord. 91-5 § 2, 1991)

17.08.220 Dwelling, multifamily.

“Multifamily dwelling” means a building containing more than two kitchens and designed to be occupied by more than two families living independently of each other. (Ord. 91-5 § 2, 1991)

17.08.230 Dwelling, single-family.

“Single-family dwelling” means a detached building containing one kitchen designed for and occupied exclusively by one family and the household employees of that family. (Ord. 91-5 § 2, 1991)

17.08.240 Dwelling, two-family.

“Two-family dwelling” or “duplex” means a building containing two kitchens and designed to be occupied by two families living independently of each other. (Ord. 91-5 § 2, 1991)

17.08.250 Dwelling unit.

“Dwelling unit” means a building or portion thereof containing living facilities, including provision for sleeping, eating, cooking, and sanitation for not more than one family. (Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)

17.08.252 Electric vehicle.

“Electric vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. “Electric vehicle” includes:

A. Battery Electric Vehicle (BEV). Any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries, and produces zero tailpipe emissions or pollution when stationary or operating;

B. Plug-In Hybrid Electric Vehicle (PHEV). An electric vehicle that (1) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (2) charges its battery primarily by connecting to the grid or other off-board electrical source; (3) may additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and (4) has the ability to travel powered by electricity;

C. Neighborhood Electric Vehicle. A self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than 20 miles per hour and not more than 25 miles per hour and conforms to federal regulations under 49 CFR Part 571.500; and

D. Medium-Speed Electric Vehicle. A self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more than 25 miles per hour but not more than 35 miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 CFR 571.500.

E. Provisions may also be made for facilities to support electric scooters and motorcycles: any two- or three-wheel vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries and produces zero emissions or pollution when stationary or operating. (Ord. 11-02 § 3, 2011)

17.08.253 Electric vehicle charging station.

“Electric vehicle charging station” means a public or private parking space located together with a battery charging station which permits the transfer of electric energy (by conductive or inductive means) to a battery or other storage device in an electric vehicle. (Ord. 11-02 § 3, 2011)

17.08.254 Electric vehicle infrastructure.

“Electric vehicle infrastructure” means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. (Ord. 11-02 § 3, 2011)

17.08.260 Family.

“Family” means an individual, or two or more persons related by blood or marriage, or a group of not more than three persons, excluding servants, who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling unit. (Ord. 91-5 § 2, 1991)

17.08.263 Farm animal, large.

“Farm animal, large” means animals including, but not limited to, horses, ponies, donkeys, mules, cows, llamas, bovines, goats, sheep, or other similar size and type of animal. Dogs, cats and other house pets are not considered farm animals. (Ord. 13-03 § 3, 2013)

17.08.264 Farm animal, small.

“Farm animal, small” means poultry, rabbit, or other similar size and type of animal. Dogs, cats and other house pets are not considered farm animals. (Ord. 13-03 § 3, 2013)

17.08.270 Fences.

“Fences” means front, side and rear yard fences which partially or completely enclose the front, side or rear yard respectively. A building permit shall not be required to construct “fences” six inches or less in width and six feet or less in height, however, all fences shall comply with EWMC 17.72.160. The term “fence” shall also include hedges and/or similar plantings that effectively create a visual or physical barrier; provided, that such vegetative “fences” shall not be considered acceptable as barriers surrounding pools. (Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)

17.08.280 Garage, commercial.

“Commercial garage” means a building or portion thereof designed and used for the storage or servicing of motor vehicles as a business. (Ord. 91-5 § 2, 1991)

17.08.290 Garage, private.

“Private garage” means a building or portion of a building in which motor vehicles are stored or kept as an accessory use. (Ord. 91-5 § 2, 1991)

17.08.300 Gross floor area.

“Gross floor area” means the sum of the gross horizontal areas within the surrounded walls of the several floors of a building but not including any of the following:

A. Elevator shafts and stairways;

B. Restrooms and locker rooms;

C. Lunch rooms and conference rooms not open to the general public;

D. Stock rooms or storage rooms when not open to the general public;

E. Enclosed loading docks and corridors when not open to the general public;

F. Building mechanical spaces for heating, ventilation, electrical, elevators or other such mechanical equipment;

G. Public lobbies, common mall areas, atriums and courtyards provided solely for pedestrian access to the building from the exterior, and/or for aesthetic enhancement or natural lighting purposes; provided, that any portion of common areas or other areas identified in this section that contain a permanent retail establishment (i.e., a structure, kiosk, seating area, or counter) shall be included in the calculation of the gross floor area for determining the required parking;

H. Permanently designated pedestrian corridors/passageways in multi-occupancy buildings (i.e., not subject to relocation by the requirements of a specific lease) for common access and exiting to tenant spaces. (Ord. 02-18 § 6, 2002; Ord. 91-5 § 2, 1991)

17.08.310 Group housing.

“Group housing” means housing intended for residential occupancy of college students including dormitories, fraternity and sorority houses and eleemosynary sponsored living units. (Ord. 91-5 § 2, 1991)

17.08.315 Handling or processing of hazardous substances.

The use, dispensing, wholesaling, retailing, compounding, manufacturing, storage, treatment or synthesis of hazardous substances in quantities greater than five gallons in volume per individual container. (Ord. 91-5 § 2, 1991)

17.08.316 Hazardous waste.

All dangerous and extremely dangerous wastes as defined by WAC 173-303-070 through 173-303-103. (Ord. 91-5 § 2, 1991)

17.08.320 Home occupation.

“Home occupation” means a lawful business, occupation, enterprise, or profession conducted within a residential structure, including the dwelling or an attached or detached accessory structure, by a person residing within the dwelling plus no more than one nonresident individual. The home occupation must be clearly incidental and secondary to the use of the structure and premises for residential purposes. (Ord. 13-04 § 3, 2013; Ord. 91-5 § 2, 1991)

17.08.330 Hospital.

“Hospital” means an establishment whose primary function is to provide sleeping and eating facilities to persons receiving medical or surgical care with nursing service on a continuous basis. (Ord. 91-5 § 2, 1991)

17.08.340 Hotel.

“Hotel” means a building or portion thereof designed or used for transient rental or more than five units for sleeping purposes. A central kitchen and dining room and accessory shops and services catering to the general public can be provided. “Hotel” does not include institutions housing persons under legal restraint or requiring medical attention or care. (Ord. 91-5 § 2, 1991)

17.08.350 Humanistic services facility.

“Humanistic services facility” means a facility providing relief for disadvantaged persons, whether for compensation or not, of a spiritual, material or medical nature. Such relief services may include any or all of the following: Emergency care including lodging, meals and other temporal items; religious services, professional counseling, rehabilitation of trade skills, food storage and dispensing and medical assistance. Nothing in this definition should be construed to include sheltered care or the detoxification of inebriates. (Ord. 91-5 § 2, 1991)

17.08.360 Instructional child care.

Repealed by Ord. 01-03. (Ord. 91-5 § 2, 1991)

17.08.370 Junkyard.

“Junkyard” means a place where junk, waste or discarded or salvaged materials such as scrap metal, bones, rags, used cloth, used rubber, used rope, used bottles, old or used machinery, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates, used pipe or pipe fittings, used tires or other manufactured goods are bought, sold, exchanged, stored, baled, packed or handled. (Ord. 91-5 § 2, 1991)

17.08.373 Kennel.

“Kennel” means a structure, enclosure, or lot on which any combination of four or more dogs, cats or other domestic animals, at least four months of age, are kept for sale, board, propagation, training, sporting purposes, or cared for as pets or for any other purpose. (Ord. 01-03 § 1, 2001)

17.08.375 Livestock.

“Livestock” means animals including, but not limited to, fowl, horses, mules, burros, asses, cattle, sheep, goats, llamas, emu, ostriches, rabbits, swine, or other farm animals excluding dogs and cats. (Ord. 13-03 § 3, 2013)

17.08.380 Lodging house.

“Lodging house” means a building with not more than five guest rooms where lodging is provided for compensation. (Ord. 91-5 § 2, 1991)

17.08.384 Lot line, front.

“Front lot line” means any property line of a lot which abuts a street, other than an alley. Corner lots, or lots bounded by more than one street, shall be considered to have two front lot lines.

(Ord. 16-13 § 5, 2017; Ord. 02-22 § 3, 2002)

17.08.385 Lot line, rear.

“Rear lot line” means the property line that is most opposite or most distant from the designated front lot line. Corner lots with two front yards must designate one rear lot line, maintaining the applicable required rear yard. The remaining lot line will be a side lot line. In the case of triangular or otherwise irregularly shaped lot, the rear lot line is a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. (Ord. 16-13 § 6, 2017; Ord. 02-22 § 4, 2002)

17.08.386 Lot line, side.

“Side lot line” means any lot line that is not a front or rear lot line. (Ord. 16-13 § 7, 2017; Ord. 02-22 § 5, 2002)

17.08.390 Lot of record.

“Lot of record” means a lot as designated on a plat upon which an owner of land lays it off into lots and blocks and dedicates any street indicated thereon to the public, which plat has been approved by the legislature and/or planning authority having jurisdiction thereof and has been filed for record with the auditor of Douglas County, Washington, including all lots having metes and bounds descriptions outside of the major subdivisions such as lots existed pursuant to the records of the Douglas County assessor’s office as of the effective date of the ordinance codified in this title. (Ord. 91-5 § 2, 1991)

17.08.393 Lot, substandard.

“Substandard lot” means a lot that was lawfully established and met the lot area and lot width requirements of the East Wenatchee Municipal Code when it was established but does not conform to the lot area and width required to create a new lot in the zone in which it is currently located. (Ord. 16-13 § 8, 2017)

17.08.395 Lot, through.

“Through lot” means a lot having frontage on two parallel or private roads that do not intersect at the lot line. (Ord. 16-13 § 9, 2017)

17.08.400 Lot width.

“Lot width” means the distance between the side lines of a lot. Lot width shall be determined by the diameter of the largest circle that can be drawn within the boundaries of a lot. The diameter of the circle must be equal to or greater than the minimum lot width requirement of the underlying zone.

(Ord. 16-13 § 10, 2017; Ord. 91-5 § 2, 1991)

17.08.410 Lot, zoned.

“Zoned lot” means lot of record. (Ord. 91-5 § 2, 1991)

17.08.420 Manufactured home.

“Manufactured home” means a factory-built, residential single-family dwelling structure constructed after June 15, 1976, and in accordance with the U.S. Department of Housing and Urban Development (HUD) standards and requirements for manufactured housing construction and bearing the appropriate insignia indicating such compliance. (Ord. 12-20 § 3, 2012; Ord. 98-3 § 1, 1998; Ord. 91-5 § 2, 1991)

17.08.425 Miniature goat.

“Miniature goat” means those types of goats commonly known as pygmy, dwarf and miniature goats. (Ord. 13-03 § 3, 2013)

17.08.430 Mobile home.

“Mobile home” means a factory-built, residential single-family dwelling structure constructed before June 15, 1976, and which is designed for transportation after fabrication in one or more sections on public streets and highways on its own chassis and wheels, and arriving at the site where it is placed on a foundation or 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. (Ord. 12-20 § 4, 2012; Ord. 91-5 § 2, 1991)

17.08.440 Mobile/manufactured home park.

“Mobile/manufactured home park” means a lot, parcel or tract of land under single ownership or control occupied or designed to be occupied by two or more mobile or manufactured homes which are or will become used for single-family dwelling purposes. (Ord. 12-20 § 5, 2012; Ord. 91-5 § 2, 1991)

17.08.450 Modular home.

“Modular home” means a structure constructed in a factory, transported in units and is in accordance with the Uniform Building Code and bearing the appropriate insignia and indicating such compliance. This definition includes “prefabricated,” “panelized” and “factory built” units. (Ord. 91-5 § 2, 1991)

17.08.460 Motel.

“Motel” means a building or group of buildings in which lodging is offered to transient guests for compensation and providing accommodations for automobiles adjacent to the lodging. This term includes tourist court, motor lodge, auto court, cabin court, motor inn and similar names. (Ord. 91-5 § 2, 1991)

17.08.470 Municipal buildings.

Notwithstanding any contrary provisions found elsewhere in this title, “municipal buildings” means those structures owned and maintained by units of government and used exclusively for authorized governmental functions mandated by statute. Not included are structures whose primary use is that of public assembly. (Ord. 91-5 § 2, 1991)

17.08.480 Off-site hazardous waste facilities.

“Off-site hazardous waste facilities” means hazardous waste treatment and storage facilities that treat and store hazardous waste from generators on properties other than those properties which the facilities are located on or are geographically contiguous to. (Ord. 91-5 § 2, 1991)

17.08.490 On-site hazardous waste facilities.

“On-site hazardous waste facilities” means hazardous waste treatment and storage facilities that treat and store hazardous waste directly associated with the principal use of the property from generators located on the same property; provided, that such facilities comply with the state siting criteria contained in RCW 70.105.210 and WAC 173-303-282, or its successor. (Ord. 01-03 § 1, 2001; Ord. 91-5 § 2, 1991)

17.08.500 Parking space, parking stall.

“Parking space” or “parking stall” means an area accessible to vehicles and used exclusively or principally for vehicle storage. (Ord. 02-18 § 8, 2002; Ord. 91-5 § 2, 1991)

17.08.503 Pasture area.

“Pasture area” means that area which is enclosed within a perimeter fence, and does not include that portion of the property used for residential purposes such as required front yards and side yards. Pasture areas must be maintained with a permanent, uniform, vegetative top cover that provides forage at levels that matches the forage needs of the animal, and must be kept free of noxious weeds. (Ord. 13-03 § 3, 2013)

17.08.505 Patio.

“Patio” means a covered or uncovered pad constructed of poured concrete, wood, brick, or other like materials and which lies directly on the ground or is 30 inches in height or less. (Ord. 2000-02 § 3, 2000)

17.08.510 Permissive use.

“Permissive use” means a primary use of the land allowed in accordance with provisions of the use district in which it is located. (Ord. 91-5 § 2, 1991)

17.08.512 Personal service.

“Personal service” means services to human beings including, but not limited to, beauty salons, barber shops, tanning salons, tailoring, shoe repairing, specialty boutiques, day spas, and similar services. (Ord. 13-04 § 4, 2013)

17.08.516 Pet or companion animal.*

“Pet or companion animal” means any species of animal commonly kept by inhabitants of Washington State as a pet or for companionship, except that snakes exceeding eight feet in length, venomous reptiles (regardless of whether the venom glands have been removed), and venomous amphibians (regardless of whether the venom glands have been removed) are not domestic animals, even if such animals are commonly kept by inhabitants of Washington State as pets or for companionship. (Ord. 13-03 § 3, 2013)

*Code reviser’s note: Ordinance 13-03 added this section as EWMC 17.08.507. It has been renumbered to preserve alphabetization.

17.08.520 Place of public or private assembly.

“Place of public or private assembly” means a building used in whole or in part, for the gathering together of persons for such purposes as deliberation, entertainment, amusements or awaiting transportation. Clubs, lodges, theaters and similar uses shall fall under this definition. (Ord. 91-5 § 2, 1991)

17.08.522 Potbelly pig, miniature.

“Potbelly pig, miniature” means that type of swine commonly known as the Vietnamese, Chinese, or Asian potbelly pig (Sus scrofa bittatus) that is 22 inches or less in height at the shoulder and no more than 150 pounds in weight. (Ord. 13-03 § 3, 2013)

17.08.523 Poultry.

“Poultry” means chickens, ducks, geese, or similar types of domesticated birds kept for eggs or meat. (Ord. 13-03 § 3, 2013)

17.08.524 Primary or principal use.

“Primary or principal use” means the predominant use of the land or building to which all other uses are secondary. (Ord. 01-03 § 1, 2001)

17.08.524A Professional offices.

“Professional offices” means offices maintained and used as places of business conducted by persons engaged in health services for human beings, such as doctors and dentists, and by engineers, attorneys, realtors, architects, accountants, clerical, and other recognized general office and medical occupations. (Ord. 13-04 § 5, 2013)

17.08.525 Public facilities.

“Public facilities” means land or structures owned by or operated for the benefit of the public use and necessity, including but not limited to public facilities as defined in RCW 36.70A.030, as amended, and may include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools. (Ord. 02-22 § 6, 2002; Ord. 01-03 § 1, 2001)

17.08.527 Public services.

“Public services” include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services. (Ord. 02-22 § 7, 2002)

17.08.530 Secondary use.

“Secondary use” means a use within the structure which is subordinate to its principal use. (Ord. 91-5 § 2, 1991)

17.08.540 Setback distance.

“Setback distance” means the horizontal distance from the property line and located at the minimum setback distance from the property line. (Ord. 91-5 § 2, 1991)

17.08.550 Setback line.

“Setback line” means a line parallel to the property line and located at the minimum setback distance from the property line. (Ord. 91-5 § 2, 1991)

17.08.552 Sexually oriented materials.

“Sexually oriented materials” means any books, magazines, periodicals, or other printed materials or any photographs, films, motion pictures, video cassettes, slides, laser discs, digital versatile discs (DVDs), computer discs, internet sites or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. The term “sexually oriented materials” includes any instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities. (Ord. 2000-01 § 3, 2000)

17.08.556 Shared parking.

“Shared parking” means an arrangement between private parties which routinely experience peak parking accumulations at different times of the day, week, or season, and that parking spaces not occupied by one use can accommodate another, nearby use. Examples might include a movie theater and office building, or church and office building. Shared parking is more particularly described in EWMC 17.72.010. (Ord. 02-18 § 9, 2002)

17.08.560 Signs.

Repealed by Ord. 2000-03. (Ord. 91-5 § 2, 1991)

17.08.570 Special exceptions.

“Special exceptions” means either variances in the use or space requirements of the zoning ordinance or conditional property uses subject to standards established in the zoning ordinance and approval by the board of adjustment. (Ord. 91-5 § 2, 1991)

17.08.572 Specified anatomical areas.

“Specified anatomical areas” means and includes any of the following:

A. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

B. Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola. (Ord. 2000-01 § 3, 2000)

17.08.573 Specified sexual activities.

“Specified sexual activities” means and includes any of the following:

A. The caressing, fondling, or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or

B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or

C. Masturbation, actual or simulated; or

D. Excretory functions as part of, or in connection with, any of the sexual activities specified in this definition. (Ord. 2000-01 § 3, 2000)

17.08.580 Story.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above it. If the finished floor level directly above a basement is more than six feet above grade such basement shall be considered a story. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof. (Ord. 91-5 § 2, 1991)

17.08.590 Structure.

“Structure” means that which is built or constructed; an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. (Ord. 91-5 § 2, 1991)

17.08.600 Substandard street.

“Substandard street” means a street having less than a 60-foot right-of-way. (Ord. 91-5 § 2, 1991)

17.08.610 Technical review committee.

“Technical review committee” means a committee that will consist of the city’s planner, engineer, street superintendent, and code compliance officer. Their purpose is to review development proposals for their consistency with the city’s regulations. (Ord. 91-5 § 2, 1991)

17.08.620 Terrace.

“Terrace” means an improved area adjacent to a structure being open and uncovered. (Ord. 91-5 § 2, 1991)

17.08.625 Utility or utility services.

“Utility” or “utility services” means any water, gas, sanitary or storm sewer, electrical, telephone, irrigation, drainage way, natural gas, facility and/or service and all persons, companies or governmental agencies furnishing the same. (Ord. 02-22 § 8, 2002)

17.08.630 Yard, front.

“Front yard” means an open area that extends across the full width of a lot lying between the front lot line and the nearest point of a building measured horizontally and perpendicular from the front lot line. (Ord. 02-22 § 9, 2002; Ord. 91-5 § 2, 1991)

17.08.640 Yard, rear.

“Rear yard” means an open area that extends across the full width of a lot lying between the rear lot line and the nearest point of a building measured horizontally and perpendicular from the rear lot line. (Ord. 02-22 § 10, 2002; Ord. 91-5 § 2, 1991)

17.08.650 Yard, side.

“Side yard” means an open area that extends from the front yard to the rear yard between the side lot line and the nearest point of a building measured horizontally and perpendicular from the side lot line. (Ord. 02-22 § 11, 2002; Ord. 91-5 § 2, 1991)

17.08.660 Zero lot line development.

“Zero lot line development” means the location of a building on a lot in such a manner that any portion of one or more of the building’s walls rests directly on a side or rear lot line. Each dwelling in a zero lot line development shall be located on its own individually platted lot.

(Ord. 16-13 § 11, 2017)