Chapter 17.10
DEFINITIONS

Sections:

17.10.001    Generally.

17.10.010    “A” definitions.

17.10.020    “B” definitions.

17.10.030    “C” definitions.

17.10.040    “D” definitions.

17.10.050    “E” definitions.

17.10.060    “F” definitions.

17.10.070    “G” definitions.

17.10.080    “H” definitions.

17.10.090    “I” definitions.

17.10.100    “J” definitions.

17.10.110    “K” definitions.

17.10.120    “L” definitions.

17.10.130    “M” definitions.

17.10.140    “N” definitions.

17.10.150    “O” definitions.

17.10.160    “P” definitions.

17.10.170    “Q” definitions.

17.10.180    “R” definitions.

17.10.190    “S” definitions.

17.10.200    “T” definitions.

17.10.210    “U” definitions.

17.10.220    “V” definitions.

17.10.230    “W” definitions.

17.10.240    “X” definitions.

17.10.250    “Y” definitions.

17.10.260    “Z” definitions.

17.10.001 Generally.

Certain terms and words used in this title are defined as follows:

(1) Words used in the present tense include the future; words in the singular number include the plural number, and words in the plural number include the singular number; the word “building” includes the word “structure” and the word “shall” is mandatory and not directory.

(2) Words defined within the Growth Management Act shall have the meanings in RCW 36.70A.030, as hereafter amended, unless otherwise noted.

(3) Words defined in WAC 365-190-030 shall have the meanings in that section, as hereafter amended, unless otherwise noted. [Ord. 1284 §1, 2018; Ord. 1271 §8, 2017; Ord. 1170B, 2000]

17.10.010 “A” definitions.

“Accessory building” means a detached subordinate building in which an accessory use is located.

“Accessory use” means a subordinate use which is customarily associated with or related to the primary uses of the premises, and which does not alter or change the character of the premises.

“Administrator” means the director of the community development department or his/her designee.

“Agricultural activities,” for the purposes of Chapter 17.40 LCC, Right to Farm, mean conditions or activities which occur on a farm in connection with the commercial production of farm and timber products and include, but are not limited to, marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; smoke; operation of machinery and pumps; movement, including but not limited to use of current county roads and ditches, streams, rivers, canals, and drains, and use of water for agricultural activities; ground and aerial application of seed, fertilizers, conditioners and plant protection products; employment and use of labor; roadway movement of equipment and livestock; protection from damage by wildlife; prevention of trespass; construction and maintenance of buildings, fences, roads, bridges, ponds, drains, waterways and similar features; maintenance of stream banks and watercourses; and conversion from one agricultural activity to another.

“Agricultural activities, existing ongoing” means those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and/or raising or keeping livestock. Agricultural activities include associated activities, including the operation and maintenance of farm and stock ponds, drainage ditches, operation and maintenance of ditches, irrigation systems including irrigation laterals, canals, or irrigation drainage ditches, and normal operation, maintenance, and repair of existing serviceable agricultural structures, facilities or improved areas, and the practice of aquaculture. Agricultural activities include, but are not limited to, growing mint, bulb farming, haying, growing blueberries, hybrid poplars, Christmas trees, and other nursery and horticultural activities which may involve any rotation, not otherwise classified as a forest practice. To assure preservation of agricultural land, the ability to switch from one crop or activity to another to meet market forces is essential and shall be considered “existing and ongoing agricultural” use when such conversions occur. Further, land devoted to agricultural purposes shall be considered existing and ongoing even if in-between crop activities are limited to haying or grazing. Land shall cease to be existing and ongoing agriculture if: (a) platted or otherwise developed for nonagricultural purposes; (b) converted to nonagricultural use; or (c) the land has lain idle for a period of longer than five years, unless the idle land is registered in a federal or state soils conversation program.

Forest practices not regulated under Chapter 76.90 RCW and WAC Title 222 are not included in this definition.

“Agriculture” means the use of land for horticulture, floriculture, viticulture, dairy, apiary, vegetable or animal products, or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and the necessary accessory uses for packing, treating, or storing the product; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities. The retention of idle land that is registered in a federal or state soils conservation program and the activities identified in the definition for “agricultural activities, existing ongoing” in this section are also considered agriculture. Forest practices are not included in the definition. For the purposes of agricultural uses regulated under the voluntary stewardship program and the shoreline master program, the definitions in RCW 90.58.065 shall apply instead of this definition.

“Aircraft landing area” means any locality, either on land, water, or structures including airports/heliports and intermediate landing fields, which is used, or intended to be used, for the landing and/or takeoff of aircraft.

“Airport,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means the Packwood Airport, Ed Carlson Memorial Airport, or Chehalis-Centralia Airport.

“Airport elevation,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means the highest point of an airport’s usable landing area measured in feet from sea level.

(a) For the Packwood Airport, this elevation is 1,053 feet above mean sea level.

(b) For the Ed Carlson Memorial Field Airport, this elevation is 375 feet above mean sea level.

(c) For the Chehalis-Centralia Airport, this elevation is 174 feet above mean sea level.

“Alteration,” as it relates to Chapter 17.38 LCC, Critical Areas, means a human-induced action which materially affects a regulated critical area, such as a physical change to the existing condition of land or improvements containing, but not limited to, construction, clearing, filling, and grading.

“Animal unit” means 1,000 pounds of live weight.

“Approach surface,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in LCC 17.80.040. The perimeter of the approach surface coincides with the perimeter of the approach zone.

“Approach, transitional, horizontal, and conical zones” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, are set forth in LCC 17.80.035.

“Approval authority” means the county agency or position charged with making a final decision on a permit. The approval authority may include, among others, the director of the community development department or his/her designee, the county hearings examiner, and all other officials charged with issuing discretionary permits in accordance with the terms of this title.

“Assisted living facilities, convalescent homes, retirement facilities and similar uses” means the following activities defined in state law - adult family homes, assisted living facilities, nursing homes, retirement communities - and other similar uses.

“Auctioneering activity” means the business of conducting auctions by an “auction company,” as defined in RCW 18.11.050.

“Average grade level” means the average of the natural or existing grade on that part of the lot to be occupied by the building or structure measured by averaging the grade levels at the extreme points or corners of the building or structure. [Ord. 1292 §1, 2018; Ord. 1284 §1, 2018; Ord. 1210 §1 (Exh. 1, Att. C), 2009; Ord. 1170B, 2000]

17.10.020 “B” definitions.

“Bed and breakfast establishment” means any privately owned dwelling in which, for compensation, one or more persons, either individually or as families, are housed or lodged for periods of less than one month as transients with limited food service.

“Bed and breakfast inn” means a bed and breakfast establishment offering three or more sleeping units.

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

(a) Maximize the economic return;

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

(c) Minimize adverse impacts to surface water and ground water flow, circulation patterns, and to the chemical, physical, and biological characteristics; and

(d) Take into account site-specific conditions, including, but not limited to, soil, climate, topography, operator’s skills and abilities, and owner and/or operator’s goals.

Best Management Practices, Right to Farm. “Best management practices” or “generally accepted agricultural and management practices,” for the purpose of Chapter 17.40 LCC, Right to Farm, means sound, economically feasible farming techniques and practices as defined and/or recommended by the American Society of Agronomy, United States Department of Agriculture Soil Conservation Service, Washington State Cooperative Extension Service, and other professional or industrial agricultural organizations.

“Biosolids” means municipal sewage sludge or septage that is a primarily organic, semisolid product resulting from the wastewater treatment process, that can be beneficially recycled and meets all the requirements of 40 CFR Part 503, Subpart A (which establishes “standards and general requirements, pollutant limits, management practices, and operational standards for the final use or disposal of sewage sludge generated during the treatment of domestic sewage in treatment works”). Sewage sludge or septage which does not meet all the requirements of Part 503 cannot be referred to as biosolids.

“Bottled water” is water intended for human consumption and sealed in bottles or other containers. The definition of bottled water includes enhanced bottled water, a category of beverages marketed as water with added ingredients, such as natural or artificial flavors, sugar, sweeteners, vitamins, and minerals. The extraction of ground or surface water for bottled water and/or the facilities for producing bottled water is a major industrial development that is an inconsistent use within any designated rural area zoning district, resource lands, and Chapter 17.150 LCC.

Buffer - Geologically Hazardous Area. For the purpose of the geologically hazardous area section, a “buffer” is an area established to protect the integrity or functions and values of a geologically hazardous area from potential adverse impacts. For purposes of geologically hazardous areas, a “buffer” means an undisturbed area preserved to provide an assurance that activities that subject people or property to risk will be located out of the area of influence of landslides or similar geological hazards and for the protection of native vegetation to provide slope stability and reduce the risk of erosion.

Buffer - Stream, Wetland and Habitat Critical Areas. For purposes of the wetland, stream, and habitat critical area sections, a “buffer” means an undisturbed area of native vegetation that is contiguous to and provides an area for related ecological functions to take place including, but not limited to, the continued maintenance, functioning, and/or structural stability of the wetland, stream, and habitat and/or separates and protects the ecological functions from adverse impacts associated with nearby land uses and shall reflect the sensitivity of the resource and the type and intensity of human activity.

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

“Building height” means the vertical distance measured from the average elevation of the area occupied by the structure to the highest point of the structure; provided, that towers, spires, steeples, and cupolas erected as part of a building and not used for habitation or storage may exceed the maximum building height in any zoning district by 20 feet. [Ord. 1315 §2, 2020; Ord. 1284 §1, 2018; Ord. 1170B, 2000]

17.10.030 “C” definitions.

“Campground” means any parcel or adjacent parcels of land in the same ownership, either public or private, which provides sanitary facilities and spaces for pitching tents for short-term occupancy of a transient, recreational nature. A private camping club is included within this definition. Those campground facilities that provide occupancy continuously for 30 or more days shall be governed by the regulations in Chapters 15.25 and 15.30 LCC.

“Cemetery” means a place used and dedicated for burial of deceased humans with one or a combination of the following elements: (a) burial plot or plots for earth interments; (b) mausoleum for crypt interments; (c) columbarium for permanent cinerary interments.

“Channel migration zone” means the area along a river or stream within which the channel can reasonably be expected to migrate over time as a result of normally occurring processes. It encompasses that area of lateral stream channel movement that can be identified by credible scientific information that is subject to erosion, bank destabilization, rapid stream incision, and/or channel shifting, as well as adjacent areas that are susceptible to channel erosion. For the purpose of this code, linear facilities parallel to the direction of flow, including roads and railroads and flood control levees permanently maintained by a public agency, may be considered to form the boundary of a channel migration zone.

“Classification,” as it relates to Chapter 17.38 LCC, Critical Areas, means defining the value and hazard categories to which critical areas will be assigned.

“Clearing” means destruction of vegetation by manual, mechanical, or chemical methods resulting in exposed soils.

“Closed record appeal” means an administrative appeal on the record to Lewis County, as defined under LCC 2.25.010(3).

“Clustering” means the placement of dwellings and accessory buildings in a pattern of development, which reduces impervious surface area, lowers cost of development and maintenance, and retains larger expanses of property available for agriculture, forestry, or continuity of ecological functions.

“Commercial” activities are primarily for a business or retail purpose, including but not limited to selling, offering for sale, displaying, distributing, or providing of goods, merchandise, or services as well as any advertising, promotion, or conveying of information or materials related to such goods, merchandise, or services, together with associated transport, storage, assembly, and repair.

“Community center” means land and/or building(s) owned by a public agency or private nonprofit entity used for social, civic, educational, or recreational purposes, which mainly serves the community where it is located; including but not limited to community halls and centers, grange halls, senior citizen centers, teen centers, youth clubs, field houses, and churches. The facilities are available for occasional public meetings. They may also have the minimal kitchen facilities required for occasional banquets. Private clubs as defined in this title are not included.

“Compensatory mitigation project,” as it relates to Chapter 17.38 LCC, Critical Areas, means actions necessary to replace project-induced critical area and associated buffer losses and includes, but is not limited to land acquisition, planning, construction plans, monitoring, and contingency actions.

“Confined animal feeding operation” means a lot or facility (other than an aquatic facility) where more than 300 animal units are confined and fed or maintained for a period of 45 days or more in any 12-month period, and in which crops, vegetation, forage growth or post-harvest residues are not sustained in the normal growing season.

“Conical surface,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.

“Consistent or consistency” means a project’s conformance with the county’s development regulations or, in the absence of applicable development regulations, the appropriate elements of the county comprehensive plan or subarea plans adopted under Chapter 36.70A RCW.

“Convenience grocery or fuels” means a store designed and intended to serve the daily or frequent needs of nearby residents or visitors. The store may sell nonfood items such as household supplies, gas, pharmaceuticals, and items for personal hygiene.

Country Inn. A “country inn” is a restaurant or restaurant/lounge facility designed to encourage a rural dining experience which is dependent upon a rural location for appropriate ambiance.

“County commission” means the county commission of Lewis County.

“Critical area functions” means the physical, chemical, biological and geologic processes or attributes of a critical area. For example, wetlands perform many valuable functions including: functions that improve water quality, functions that change the water regime in a watershed such as flood storage, and functions that provide habitat for plants and animals.

“Critical area values” means the critical area processes, characteristics or attributes that are valuable or beneficial to society.

“Critical facilities,” as they relate to Chapter 17.38 LCC, Critical Areas, include, but are not limited to, schools; hospitals; police, fire, and emergency response installations; nursing homes; public and private facilities, including water wells, storage tanks, wastewater treatment facilities, power distribution facilities; and installations which produce, use, or store hazardous materials or hazardous waste.

“Culturally or historically important lands or structures” means lands or structures on a recognized historic preservation list approved by state, federal, or city authorities.

“Cumulative impacts or effects” means the combined, incremental effects of human activity on ecological or critical area functions and values. Cumulative impacts result when the effects of an action are added to or interact with the effects of other actions in a particular place and within a particular time. It is the combination of these effects, and any resulting environmental degradation, that should be the focus of cumulative impact analysis and changes to policies and permitting decisions. [Ord. 1284 §1, 2018; Ord. 1179, 2002; Ord. 1170B, 2000]

17.10.040 “D” definitions.

“Dangerous wastes” means those wastes designated in WAC 173-303-070 through 173-303-120 as dangerous or extremely hazardous or mixed waste. The words “dangerous waste” refer to the full universe of wastes regulated by Chapter 173-303 WAC and are used interchangeably with “hazardous waste.”

“Debris flow” means a rapidly down-slope-moving mass of a viscous water-saturated mixture of rock fragments, soil, and mud, with more than half of the particles being larger than sand size.

“Density,” when referring to residential development, means a ratio comparing the number of dwelling units with land area, and is expressed as the number of residential dwelling units per acre of land in a residential development.

“Department” means the department of community development of Lewis County.

“Department,” for the purposes of Chapter 17.110 LCC, State Environmental Policy Act, means any division, subdivision, or organizational unit of the county established by ordinance, rule, or order.

“Detached accessory dwelling unit” means a separate and complete dwelling unit not attached in any way to the main or existing dwelling unit; designed for occupancy by a family.

“Determination,” as it relates to Chapter 17.38 LCC, Critical Areas, means an action by an agency or individual qualified in the science of identification and delineation of a critical area to identify, characterize, and/or locate a critical area.

“Developed land” means the total land area of any lot of record which has a building, parking area, and/or structure for a permitted or special use except the following uses: agriculture as defined above; the growth, harvest, and management of timber; or mining.

“Development” means any activity that requires federal, state, or local approval for the use or modification of land or its resource. These activities include, but are not limited to, subdivisions, short subdivisions, and large lot subdivisions; binding site plans; planned unit developments; variances; shoreline substantial developments; clearing activities; excavation and grading; conditionally allowed activities; building or construction; revocable encroachment permits; and septic approval.

“Development standards” means a minimum requirement or maximum allowable limit on the effect or characteristics of the use or activity for which a piece of land or its buildings is designed, arranged, or intended, or for which it is occupied or maintained pursuant to the Lewis County Code.

“Dwelling unit” means a building, or portion of a building or modular manufactured housing unit that is constructed or installed on a permanent foundation and designed for long-term human habitation, which has facilities for cooking, eating, sleeping, sewage, and bathing for use by one family (including resident domestic employees); the term does not include tents, campers, recreational vehicles, or travel trailers. [Ord. 1284 §1, 2018; Ord. 1170B, 2000]

17.10.050 “E” definitions.

“Early notice,” for the purposes of Chapter 17.110 LCC, State Environmental Policy Act, means the county’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated determination of nonsignificance (DNS) procedures).

“Economic viability,” for the purposes of Chapter 17.30 LCC, Resource Lands, means profit (or return) can reasonably be expected to be high enough to justify the investment. The prudent investor will not invest in resource land activity unless there is a reasonable expectation of a competitive return on his investment. That is, the owner will expect to get all his investment back, plus at least the cost of investment capital, plus a management fee.

“Erosion control” means on-site and off-site control measures that control conveyance and/or deposition of earth, turbidity or pollutants after development, construction, or restoration.

“Essential public facilities, local” means transportation, utility, and education facilities; special needs facilities; solid waste facilities; port facilities administered by ports; juvenile detention facilities; community jail and other facilities all administered by an agency or entity headquartered in Lewis County. Local general aviation airports owned and/or operated by municipal authorities shall be an essential public facility.

“Essential public facilities, major” means those facilities which are not required to be located in Lewis County, but which may be designated for Lewis County by an appropriate agency and which have the potential for material local impact. Such facilities include, but are not limited to, state prisons and correctional facilities administered by the Washington State Department of Corrections, regional or international airports operated by authorities not located in Lewis County, and energy facilities proposed by a utility not headquartered in Lewis County.

Extraction, Commercial. “Commercial extraction” means extraction of sand or gravel or both from a site when the primary purpose of extraction is to obtain the minerals for road construction, building construction, ready-mix, re-sale, or other uses in which the minerals will be processed.

“Extraordinary hardship,” as it relates to Chapter 17.38 LCC, means instances where the strict application of the chapter and/or programs would cause or create severe financial loss, unreasonable safety risk, or health harm to the party seeking the exception, waiver, or variance under this chapter. [Ord. 1284 §1, 2018; Ord. 1179B §2, 2003; Ord. 1170B, 2000]

17.10.060 “F” definitions.

“Family” means an individual; two or more persons related by blood or marriage; a group of two or more disabled residents protected under the Federal Housing Act Amendments, who are not related by blood or marriage, living together as a single housekeeping unit; a group of eight or fewer residents, who are not related by blood or marriage, living together as a single housekeeping unit; or a group living arrangement where six or fewer residents receive supportive services such as counseling, foster care, or medical supervision at the dwelling unit by resident or nonresident staff. For purposes of this definition, minors living with a parent shall not be counted as part of the maximum number of residents.

“Farm,” for the purpose of Chapter 17.40 LCC, Right to Farm, means the land, buildings, manure lagoons, ponds, freshwater culturing and growing facilities, and machinery used in commercial production of farm products.

“Farm enhancement” means promoting proposed agricultural production by application of structural, cultural, and management practices, including eliminating safety hazards such as excessive grades.

“Farm product” for the purpose of Chapter 17.40 LCC, Right to Farm, means those plants and animals (and the products thereof) useful to human beings which are produced on farms and include, but are not limited to, forages and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry products, livestock including breeding, grazing and feed lots, fruits, vegetables, flowers, seeds, grasses, nursery products, trees and forest products including Christmas trees and timber, freshwater fish and fish products, rabbits, apiaries, equine and similar products, or any other product which incorporates the use of food, feed, fiber or fur.

“Farmland,” for the purpose of Chapter 17.40 LCC, Right to Farm, means land or freshwater ponds devoted primarily to the production, for commercial purposes, of livestock, freshwater aquaculture or other agricultural commodities.

“Flood” or “flooding” means a general or temporary condition of partial or complete inundation of normal dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation of runoff of surface waters from any source.

Flood - 100-Year Flood/Base Flood. “100-year flood” or “base flood” means the flood having a one percent chance of being equaled or exceeded in any given year. For purposes of this chapter, Lewis County adopts the Federal Emergency Management Act (FEMA) flood hazard classifications.

“Floor area” means the sum expressed in square footage of the gross horizontal area of the floor or floors of the building, measured from the exterior faces of the exterior walls, including elevator shafts and stairwells on each floor and areas having a ceiling height of seven feet or more, but excluding roofed areas open on two or more sides, areas having a ceiling height of less than seven feet and areas used exclusively for storage or housing of mechanical or central heating equipment.

“Floor area of a nonresidential building” (to be used in calculating parking requirements) means the floor areas of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms, storage spaces, display windows, and similar areas.

“Forest industries” means the growth, harvest, and management of timber, associated forest practices and the manufacture of wood products.

“Forest practice” means any activity conducted on or directly pertaining to forest land and related to growing, harvesting, or processing timber as defined in Chapter 222-16 WAC.

“Forest products” means products obtained from stands of forest trees which have been either naturally or artificially established. [Ord. 1284 §1, 2018; Ord. 1170B, 2000]

17.10.070 “G” definitions.

“Grocery store” means a place of business engaged in selling to the public items generally used in and around homes including foods, drinks, medical aids, school supplies, papers, magazines and other household items.

“Gross density” means the number of dwelling units per unit of area. Gross density shall be computed based on the total area of the parcel of record.

“Ground water” as used within this code means the definition in RCW 90.44.035, as hereafter amended. [Ord. 1292 §2, 2018; Ord. 1284 §1, 2018; Ord. 1179, 2002; Ord. 1170B, 2000]

17.10.080 “H” definitions.

“Hazard to air navigation,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

“Hazard tree” means any tree that is susceptible to imminent fall due to its condition (damaged, diseased, or dead) or other factors, and which because of its location is at risk of causing personal injury or damaging a property’s permanent physical improvements.

“Hazardous substances” means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090 or 173-303-100.

“Hazardous waste” means and includes all dangerous and extremely hazardous waste as defined by RCW 70.105.010, and by Chapters 8.15, 8.20 and 8.45 LCC. Treatment of hazardous waste means, in addition to the meanings in Chapters 8.15, 8.20 and 8.45 LCC, the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume.

“Hazardous waste treatment and storage facilities” means facilities that require an interim or final status permit from the Department of Ecology under the Dangerous Waste Regulations, Chapter 173-303 WAC, and permitting under Chapters 8.15, 8.20 and 8.45 LCC. This does not include hazardous waste incineration and land disposal facilities that are state preempted.

“Hearing examiner” means the hearing examiner of Lewis County.

“Height,” for the purpose of determining the height limits in all zones set forth in Chapter 17.80 LCC, Airport Obstruction Zoning, and shown on the approach and clear zone map, shall be mean sea level elevation unless otherwise specified.

“Home based industry” means small industrial, commercial, manufacturing, or service operations on land which is accessory to the operator’s residential use. A home based industry is limited in size and scale, but may involve new structures and activity outside the residence. Such uses may retain the uses existing at the date of the adoption of this chapter or new facilities or activities consistent with this title.

“Horizontal surface,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means a horizontal plane 150 feet above the established airport elevation, the perimeter of which in plane coincides with the perimeter of the horizontal zone.

(a) For the Packwood Airport, this horizontal plane is 1,203 feet above mean sea level.

(b) For the Ed Carlson Memorial Field Airport, this horizontal plane is 525 feet above mean sea level.

(c) For the Chehalis-Centralia Airport, this plane is 324 feet above mean sea level.

“Hotel” or “motel” means a group of attached or detached buildings for the temporary use by tourists and transients, which contain individual sleeping units, with or without cooking or kitchen facilities, with at least one parking space for each unit that is located on the same premises. The term includes auto courts, tourist courts, motor lodges, and resort cabins.

“Hydric soil” means a soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of a hydric soil shall be determined following the methods described in the approved federal wetland delineation manual and applicable regional supplements. [Ord. 1292 §3, 2018; Ord. 1284 §1, 2018; Ord. 1170B, 2000]

17.10.090 “I” definitions.

“Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development or that causes water to run off the surface in greater quantities or at an increased rate of flow compared to natural conditions prior to development. Common impervious surfaces may include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of stormwater.

“Industrial” means activities pertaining to the creation, fabrication, alteration, combination, manufacture, or assembly of products for sale at wholesale or retail, and includes storage, transportation, and sales associated with the process or products.

“Infiltration” means the downward entry of water into the immediate surface of soil.

“In-kind compensation” means to replace critical areas with substitute areas whose characteristics and functions mirror those destroyed or degraded by a regulated activity.

“Isolated wetland” means a wetland that is hydrologically isolated from other aquatic resources, as determined by the United States Army Corps of Engineers (USACE). Isolated wetlands may perform important functions and are protected by state law (Chapter 90.48 RCW) whether or not they are protected by federal law. [Ord. 1284 §1, 2018; Ord. 1170B, 2000]

17.10.100 “J” definitions.

“Junk” means old iron, steel, brass, copper, tin, lead, or other base metals; old cordage, ropes, rags, fibers, or fabrics; old rubber; old bottles or other glass; bones; waste paper, plastic and other waste or discarded material which might be prepared to be used again in some form; any or all of the foregoing; and motor vehicles, no longer used as such, to be used for scrap metal or stripping of parts; but “junk” shall not include materials or objects accumulated by a person as by-products, waste or scraps from the operation of his/her own business or materials or objects held and used by a manufacturer as an integral part of his/her own manufacturing processes. [Ord. 1284 §1, 2018; Ord. 1170B, 2000]

17.10.110 “K” definitions.

Reserved.

17.10.120 “L” definitions.

“Larger than utility runway,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means a runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft. This definition shall only apply to the Chehalis-Centralia Airport.

Loading Space, Off-Street. “Off-street loading space” means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery trucks, expected to be used and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading spaces are not to be included as off-street parking space in computation of required off-street parking space. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.

“Lot clustering” means a method of aggregating permitted densities on smaller tracts or area within a larger defined area for the purpose of creating economical building lots with spatially efficient sizes, reducing development cost, increasing energy efficiency and reserving areas of land that are suitable for agricultural, forestry, open space, or other future-approved development purposes.

“Lot coverage” means the percent of a lot or parcel which is, or will be, covered by structures. [Ord. 1284 §1, 2018; Ord. 1170B, 2000]

17.10.130 “M” definitions.

“Manufacturing” means establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins, or liquors.

“Marijuana processing” means converting harvested marijuana into usable marijuana and marijuana-infused products by any person or entity that holds a valid marijuana processor license issued by the Washington State Liquor Control Board under WAC 314-55-077 as now in effect or hereafter amended.

(a) “Type 1 marijuana processing” means marijuana processing as provided under WAC 314-55-077 that is limited to drying, curing, trimming, and packaging marijuana for retail sale.

(b) “Type 2 marijuana processing” means marijuana processing as provided under WAC 314-55-077 that extracts concentrates, infuses products, or involves the mechanical and/or chemical processing in addition to or instead of drying, curing, trimming, and packaging for retail sale.

“Marijuana production” means the growing and wholesaling of marijuana by any person or entity that holds a valid license issued by the Washington State Liquor Control Board under WAC 314-55-075 as now in effect or hereafter amended.

“Marijuana retailer” means a retail outlet that sells usable marijuana, marijuana-infused products, and marijuana paraphernalia and is owned by any person or entity that holds a valid marijuana retailer license issued by the Washington State Liquor Control Board under WAC 314-55-079 as now in effect or hereafter amended.

“Miscellaneous or future marijuana uses” are marijuana activities other than marijuana production, processing, and retail.

(a) If any future marijuana activity regulated under Chapter 314-55 WAC, now or as hereafter amended or replaced, falls outside of the definitions of marijuana retailer, production, or processing herein, such activity shall be subject to this title’s provisions pertaining to marijuana uses to the extent possible, except as otherwise specified in this section.

(b) Persons growing medical marijuana solely for their own use (including members of a medical marijuana cooperative under WAC 314-55-410 et seq., now or as hereafter amended) shall be treated as a noncommercial greenhouse use under this title instead of as marijuana production or processing, so long as the marijuana activity complies with applicable state law and does not include any solvent- or CO2-based extraction. If the marijuana activity fails to comply with applicable state law and/or includes solvent- or CO2-based extraction, it shall be regulated as marijuana production or processing, as appropriate under this title.

“Mitigation” means actions taken to replace, compensate for, or enhance critical area functions impacted by a land use development permitted under this chapter. Mitigation may include individual actions or a combination of actions that follow mitigation sequencing in LCC 17.38.080(2) and generally fall into the following categories: protection/maintenance, enhancement, restoration, or creation.

Mitigation - Creation (Establishment). “Creation,” as it relates to Chapter 17.38 LCC, Critical Areas, means the manipulation of the physical, chemical, or biological characteristics of a site where the resource did not previously exist. Establishment results in a gain in area. For example, activities related to wetlands typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils, and support the growth of hydrophytic plant species.

Mitigation - Enhancement. “Enhancement,” as it relates to Chapter 17.38 LCC, Critical Areas, is the manipulation of the physical, chemical, or biological characteristics of a site to heighten, intensify, or improve specific ecologic function(s) or to change the growth stage or composition of the vegetation present. Enhancement projects result in a change in some ecological functions and can lead to a decline in other ecological functions, but do not result in a gain in overall area. Enhancement activities related to wetlands typically consist of planting vegetation, controlling nonnative or invasive species, modifying a site to influence hydroperiods, or some combination of these activities.

Mitigation - Protection/Maintenance (Preservation). “Protection/maintenance,” as it relates to Chapter 17.38 LCC, Critical Areas, means removing a threat to, or preventing the decline of, critical area conditions by an action in or near the area. This includes the purchase of land or easements, or, in the case of wetlands, projects to repair water control structures or fences. Preservation does not result in a gain of critical area acreage.

Mitigation - Restoration. “Restoration,” as it relates to Chapter 17.38 LCC, Critical Areas, means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning the area to its natural or historical functions. For the purpose of tracking net gains in critical areas acreage, restoration is divided into re-establishment and rehabilitation.

(a) Re-establishment results in a gain in critical areas acres (and functions). Examples of re-establishment activities that are related to wetlands include removing fill material, plugging ditches, or breaking drain tiles, among others.

(b) Rehabilitation results in a gain in ecological function but does not result in a gain in critical area acreage. Rehabilitation activities related to wetland mitigation may involve breaching a dike to reconnect wetlands to a floodplain or other similar projects.

“Mobile home” means a detached single-family dwelling unit as defined and regulated under Chapter 15.25 LCC.

“Mobile home park” means any parcel or adjacent parcels of land as defined and regulated under Chapter 15.30 LCC.

“Modular/manufactured home” means a structure constructed offsite and assembled onsite which conforms to IBC requirements.

“Multifamily development” means two or more dwelling units on one lot of record whether or not attached.

“Multifamily dwelling” means a single building containing two or more attached residential units. [Ord. 1284 §1, 2018; Ord. 1271 §8, 2017; Ord. 1170B, 2000]

17.10.140 “N” definitions.

“Native vegetation” means plant species which are indigenous to the site in question.

“Nonconforming structure” means a building or structure, or portion thereof, which was lawfully erected and maintained prior to the adoption of these regulations, but which does not conform to the regulations of the zone in which it is located.

“Nonconforming use” means a use of land which was lawfully established and maintained prior to the adoption of these regulations, but which does not conform to the regulations of the zone in which it is located.

Nonconforming Use, Airport Obstruction Zoning. “Nonconforming use” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of the chapter or an amendment thereto.

“Nonprecision instrument runway,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned. This definition shall only apply to the Chehalis-Centralia Airport. [Ord. 1284 §1, 2018; Ord. 1170B, 2000]

17.10.150 “O” definitions.

“Obstruction,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in LCC 17.80.040.

“Open record appeal hearing” means a hearing defined under LCC 2.25.010(9).

“Open record hearing” means a hearing as defined under LCC 2.25.010(9).

Open Space. As used within this title, “open space” shall have the same definition as in LCC 16.04.185. “Open space” should not be confused with the “open space open space,” “open space agricultural,” or “open space timber” designations, which are tax designations assigned by the county under Chapter 3.50 LCC and Title 84 RCW. Such tax designations may be secured in any zone under this title and may be granted, amended, or deleted as provided in the applicable tax code and regulations.

“Ordinance,” for the purposes of Chapter 17.110 LCC, State Environmental Policy Act, means the ordinance, resolution, or other procedure used by the county to adopt regulatory requirements.

“Ordinary high water mark (OHWM)” on all lakes and streams means that mark which is found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland in respect to vegetation as that condition exists on June 1, 1971, or as it may naturally change thereafter; provided, that for:

(a) Lakes, where the ordinary high water mark cannot be found, it shall be the line of mean high water;

(b) Streams, where the ordinary high water mark cannot be found, it shall be the line of mean high water. For braided streams, the ordinary high water mark is found on the banks forming the outer limits of the depression within which the braiding occurs.

“Owner of record” for notice purposes means the person or entity listed on the public records of the Lewis County auditor for the tax parcel(s) in question as of the date of application. [Ord. 1284 §1, 2018; Ord. 1170B, 2000]

17.10.160 “P” definitions.

Parcel. For “parcel” see “contiguous land” definition at LCC 16.04.178.

“Park” means private or public areas of land that are designated for active or passive recreational uses. The areas may include buildings, athletic fields, and spectator seating facilities.

Parking Space, Off-Street. “Off-street parking space” means, for the purpose of this title, an area that:

(a) Is located totally outside of any street, alley, or public right-of-way;

(b) Is adequately sized to park an automobile, with room for opening doors on both sides of the vehicle; and

(c) Is sited appropriately to offer sufficient maneuvering room and access to a public street or alley.

“Permitted use” means a principal use of a site allowed as a matter of right in conformance with applicable zoning, building, and health codes, and not subject to special review or conditions under this title beyond those specifically set forth in zoning district regulations.

“Person” means an individual, firm, copartnership, association, corporation, or other legal entity, including any federal, state, or local municipal corporation, agency, or special purpose district.

“Planning commission” means the planning commission of Lewis County.

“Primary surface,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in LCC 17.80.035. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

“Priority habitat and species database” means the database for the Washington Department of Fish and Wildlife Priority Habitats and Species Program, which provides the following products:

(a) Lists of the Washington Department of Fish and Wildlife’s most important habitats and species;

(b) Management recommendations for each priority habitat and species; and

(c) Maps showing the geographic location of priority habitats and species.

“Priority habitats” means areas associated with a species listed as endangered, threatened or sensitive by the Washington Department of Fish and Wildlife Priority Habitat and Species Program and which, if altered, may reduce the likelihood that the species will maintain or increase its population over the long term.

“Priority species” means animal species listed by the Washington Department of Fish and Wildlife Priority Habitats and Species Program that are of concern due to their low population and/or their sensitivity to habitat manipulation.

“Professional office” means a room or group of rooms used to conduct the business of a profession, business, service, government, or other organization, but excluding those uses which are primarily retail or wholesale in nature that have offices as part of their operation.

“Prohibited use” means a use that is not allowed to be constructed or developed; provided, that existing uses may be continued as provided in Chapter 17.155 LCC, Nonconforming Uses.

“Project permit” or “project permit application” means any land use or environmental permit or license required from Lewis County for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, special use permits, shoreline substantial project permits, variances, lot consolidations, site plan reviews, permits, or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this definition.

“Public meeting” means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit or legislative action prior to the local government’s decision. A public meeting may include, but is not limited to, a meeting of a special review district, a community council meeting, or a scoping meeting for a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings of a public meeting may be recorded and a report or recommendation may be included in the county’s official file.

“Public recreation” means those recreation facilities developed and maintained by any department or branch of the federal, state or local government, or special purpose district, and used for public recreational purposes.

“Public sewer” means, for land use planning purposes, a system intended to dispose of sewage that meets the definition in LCC 8.40.040. [Ord. 1284 §1, 2018; Ord. 1170B, 2000]

17.10.170 “Q” definitions.

“Qualified critical area professional” means a person or a team of persons with experience, education, and professional degrees and/or training pertaining to the critical area in question, and with experience in performing delineations, analyzing critical area functions and values, analyzing critical area impacts, and recommending critical area mitigation and restoration. The administrator may require professionals to demonstrate the basis for qualifications and shall make final determination as to qualifications.

(a) A qualified professional for wetlands must have a degree in biology, ecology, soil science, botany, or a closely related field and demonstrate professional experience in wetland identification, delineation, and assessment in the Pacific Northwest. Qualified professionals preparing wetland mitigation plans must have, in addition to the qualifications above, demonstrated professional experience in hydrology and other disciplines essential to the success of mitigation plans. This expertise may be provided in a team of qualified professionals each of which has expertise in relevant areas.

(b) A qualified professional for habitat conservation areas must have a degree in wildlife biology, ecology, fisheries, or closely related field and demonstrated professional experience related to the subject species/habitat type.

(c) A qualified professional for geologically hazardous areas must be a professional geologist, a professional engineering geologist or a professional geotechnical engineer, with specific education and demonstrated professional competence related to geologic hazards. For mine hazard assessments, a qualified professional must be a professional mining engineer, or other professional engineer with demonstrated professional competence related to mine hazards. For foundation design for mine hazard areas, a qualified professional must be a professional engineer with demonstrated professional competence related to foundation design.

(d) A qualified professional for critical aquifer recharge areas means a Washington State licensed hydrogeologist, geologist, or a professional engineer, with specific education and demonstrated professional competence related to ground water hazards.

(e) A qualified professional for frequently flooded areas means a Washington State licensed engineer or land surveyor (for documentation of lowest floor elevations, only), with specific education and demonstrated professional competence related to flood hazard assessment and construction requirements.

“Qualified forester” means a person with a bachelor of science degree in forestry or the equivalent in post-secondary education and work experience in forestry. [Ord. 1284 §1, 2018]

17.10.180 “R” definitions.

“Reclamation” means the process of reconverting disturbed lands to their former use or other compatible uses.

“Recreation areas” are those areas: (a) within five air miles of national park/national forest; (b) within one air mile of Riffe Lake, Mayfield Lake, Mineral Lake, Carlysle Lake; (c) within one-half mile of the Cowlitz, Chehalis, Tilton, Skookumchuck, and Newaukum Rivers, and Lincoln and Winston Creeks, and (d) all state parks.

“Recreational facility, local” means a park facility that serves a local population and includes limited and basic recreational facilities such as playgrounds, trails, open space and ballfields.

“Recreational facility, regional” means a facility that attracts a regional clientele, such as country clubs and golf courses, sports complexes, and intensive commercial recreational uses such as a golf driving range, race track, an amusement park, a paintball facility, or a gun club.

“Religious use” means a structure or group of structures devoted to spiritual or moral teachings. Associated activities include personal social services to the community.

“Resource uses” are all primary and accessory uses defined in the county’s resource land ordinance, Chapter 17.30 LCC.

“Restaurant” means an establishment where food and beverages are prepared and served for consumption either on or off premises. The term shall include cafes, coffee houses, cabarets, and dining rooms, but shall not include taverns. Restaurants may include cocktail lounge and facilities for dancing and live entertainment of patrons; provided, that these activities are clearly accessory to food service; and provided further, that these activities are not expressly prohibited in a specific zone.

“Retirement and convalescent homes” is a residential arrangement where nonfamily members are brought together in a home or residential care facility which does not require state licensing. (For facilities requiring state licensing, see “Group Home.”)

“Road” means the entire width between the right-of-way lines of every way for vehicular traffic that has been dedicated, platted, or granted as an easement for that purpose on public or private lands. The term does not include an alley, drainage easement, or path, but is intended to include the primary right(s) of way to which properties have vehicular access.

“Rooming house” means any dwelling in which, for compensation, three or more persons, either individually or as families, are housed or lodged, with or without meals. A boarding house, lodging house, tourist home or furnished room house shall be deemed rooming houses. A rooming house with six or more sleeping units, occupied by transients, shall be deemed a hotel.

“Runway,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

“Rural governmental services” means those governmental services historically and typically delivered at an intensity usually found in rural areas. A complete definition is provided within the Growth Management Act (RCW 36.70A.030(17)) and the Lewis County comprehensive plan. [Ord. 1292 §§4, 5, 2018; Ord. 1284 §1, 2018; Ord. 1179, 2002; Ord. 1170B, 2000]

17.10.190 “S” definitions.

“Seat” means, for purposes of determining the number of off-street parking spaces for certain uses, the number of seats; or the number of seating units installed or indicated; or each 24 lineal inches of benches, pews, or space for loose chairs.

Sensitive, Endangered, Threatened Species. Lewis County adopts the state classifications as set forth in WAC 232-12-001, 232-12-011, and 232-12-014.

“SEPA rules,” for the purposes of Chapter 17.110 LCC, State Environmental Policy Act, means Chapter 197-11 WAC adopted by the Department of Ecology as revised.

“Setback” means a distance from a fixed boundary, property line, or right-of-way as set forth in this title. A front setback is measured to the street or point of access. A side setback is measured to an abutting property on the same street or access. A rear setback is the side of the structure away from the street or point of access, and is measured to the nearest property line. A structure may have two front yards.

“Sewage sludge” means semisolid matter consisting of settled sewage solids combined with varying amounts of water and dissolved material, remaining after the completion of wastewater treatment.

“Sign” means any placard, billboard, display, messages, design, letters, symbols, light figure, illustration, set of pennants, or other device intended to identify, inform, advertise, or attract attention to any private or public premises, and placed mainly outdoors so as to be seen from any public or quasi-public place. Excluded from this definition are official traffic, directional, or warning devices; other official public notices; signs required by law; or flag of government or other noncommercial institution.

“Significant” means a reasonable likelihood of more than a moderate impact. The determination of the significance of the impact should consider the physical setting, the magnitude or duration of the impact, along with its chance of occurring.

“Single-family dwelling” means a building designed or used for residence purposes by not more than one family, and containing one dwelling unit only.

“Site area” means the measured square footage of any lot, tract, or parcel of land or contiguous lots for purposes of determining density.

“Solid waste disposal facilities or sites” means the location where any final treatment, unitization, processing, or deposition of solid waste occurs in accordance with Chapters 8.15, 8.20, and 8.45 LCC. For the purposes of this title, “interim solid waste handling sites” of the following types are included: transfer stations, baling and compaction sites, source separation centers, and treatment sites. Drop boxes which provide the general public with containers to collect materials to be recycled and household hazardous waste collection stations for transfer elsewhere are excluded, but are defined as transitory solid waste facilities. For the purposes of this title, three types of solid waste disposal facilities or sites are defined:

(a) Demolition materials, inert materials, limited purpose landfills and wood waste landfills.

(b) Sewage sludge when a unitization permit is issued by the Lewis County department of public health and social services in accordance with WAC 173-304-300, biosolids application when siting approval is given by the Washington State Department of Ecology in accordance with Chapter 173-308 WAC, and any application site for compost which comes under Lewis County environmental health division regulation and has received the appropriate permits.

(c) All other solid waste disposal facilities and sites of a permanent nature including, but not limited to, landfills, incinerators, and transfer stations, in accordance with Chapters 8.15, 8.20, and 8.45 LCC.

“Special use” means a use permitted only after “public” review and approved by the hearing examiner, and to which “special” conditions may be attached by the hearing examiner to address mitigation requirements by reason of the specific location of a proposed use.

“Standalone food or beverage manufacturing” means a food or beverage processing use that is not accessory or incidental to a primary underlying agricultural use. The use may include the assembly or manufacturing of packaging for the processed product. Processing or manufacturing uses that are accessory or incidental to a primary agricultural use are considered an “agricultural” use for the purpose of Chapter 17.42 LCC. “Standalone food or beverage manufacturing” does not include the extraction of ground or surface water for bottled water and/or facilities for producing bottled water.

“Standalone retail, sales, or professional services” means retail, sales or professional services uses that are not associated with a single-family structure.

“Stormwater management facilities” include measures to control stormwater flow and water quality, and may include, but are not limited to, ditches designed and intended primarily for conveyance, biofiltration swales, filter strips, bubble diffusers, detention ponds, retention ponds, wet ponds, and similar facilities.

“Streams” means those areas where naturally occurring surface waters flow sufficiently to produce a defined channel or bed which demonstrates clear evidence of the passage of water, including, but not limited to, bedrock channels, gravel beds, sand and silt beds, and defined-channel swales. The channel or bed need not contain water during the entire year. The definition does not include watercourses that were created entirely by artificial means, such as irrigation ditches, canals, roadside ditches, or storm or surface water runoff features, unless the artificially created watercourse contains salmonids or conveys a stream that was naturally occurring prior to the construction of the artificially created watercourse.

“Structure,” for the purpose of this title, means anything 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, but not including unroofed paved areas, fill, any vehicle, or any fence six feet or less in height.

“Structure,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means an object, including a mobile object, constructed or installed by persons, including but without limitation buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.

“Surface mining” means the process or business of extracting materials, including but not limited to sand, gravel, shale, rock, coal, soil, peat, or clay, from an open excavation in the earth. This shall not include (a) excavation and grading at building construction sites where such construction is authorized by a valid building permit; or (b) excavation and grading in county road or state highway rights of way or in public or private streets for purposes of on-site road construction when the work has been authorized by the engineering division; or (c) excavation and grading for the purpose of developing ponds or manure lagoons where the amount excavated does not exceed 10,000 cubic yards and where the total time of material hauling does not exceed 45 calendar days; or (d) excavation and grading in connection with and at the site of any creek, river or flood control or storm-drainage channel for the purpose of enlarging the hydraulic capacity or changing the location or constructing a new channel or storm drain where such work has been approved by the Public Works Department; or (e) gravel bar scalping projects within the jurisdiction of the shoreline management program; or (f) minor excavation on less than three acres (cumulative) and less than 5,000 yards of excavated material per year. The administrator may be called upon to determine whether other activities similar to those identified fall within or without of the regulated activity. [Ord. 1315 §1, 2020; Ord. 1292 §§6, 7, 2018; Ord. 1284 §1, 2018; Ord. 1253, 2014; Ord. 1170B, 2000]

17.10.200 “T” definitions.

“Transitional surfaces,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means those surfaces that extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal surface.

“Tree,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means any object of natural growth. [Ord. 1284 §1, 2018]

17.10.210 “U” definitions.

“Unsuitable land” means land exposed to a condition that may cause a hazard on structures or human activity if the land in question is developed.

“Use” means the purpose for which a property is occupied and utilized, which may include a variety of activities related to the use. Uses may be categorized according to a variety of systems, in a number of manners that emphasize shared characteristics; land use is typically classified in terms of agricultural, residential, commercial, industrial, etc.; uses may be characterized in terms of high, moderate, and low intensity based on characteristics that impact other uses or activities.

“Utility lines” means a pipe, conduit, cable, or other similar facility by which services are conveyed to the public or individual recipients. Such services shall include, but are not limited to, water supply, electrical power, gas, communications, and stormwater or sanitary sewer transport facilities.

“Utility runway,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means a runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight [Ord. 1284 §1, 2018; Ord. 1170B, 2000]

17.10.220 “V” definitions.

“Visual runway,” for the purpose of Chapter 17.80 LCC, Airport Obstruction Zoning, means a runway intended solely for the operation of aircraft using visual approach procedures.

“Voluntary stewardship program” means the program established under Chapter 36.70A RCW. [Ord. 1284 §1, 2018]

17.10.230 “W” definitions.

“Warehouse or warehousing” means facilities for storage of goods, machinery, and/or equipment in an enclosure.

“Watershed” means an area draining to the surface water systems of the Chehalis, Cowlitz, Deschutes, or Nisqually Rivers.

“Wellhead protection area” means the area (surface and subsurface) managed to protect ground-water-based public water supplies.

“Wetland mitigation bank” means a site where wetlands are restored, created, enhanced, or in exceptional circumstances, preserved, expressly for the purpose of providing compensatory mitigation in advance of unavoidable impacts to wetlands or other aquatic resources that typically are unknown at the time of certification to compensate for future, permitted impacts to similar resources.

“Wetland mosaic” means an area with a concentration of multiple small wetlands, in which each patch of wetland is less than one acre; on average, patches are less than 100 feet from each other; and areas delineated as vegetated wetland are more than 50 percent of the total area of the entire mosaic, including uplands and open water.

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

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

“Wireless communication facility”* means an unstaffed facility for the transmission and reception of radio or microwave signals used for commercial or governmental communications. Wireless communication facilities are composed of two or more of the following components: antenna, support structure, equipment enclosure, or security barrier. [Ord. 1284 §1, 2018; Ord. 1170B, 2000]

*Note: LCC 15.50.020 et seq. also define wireless communications facility.

17.10.240 “X” definitions.

Reserved.

17.10.250 “Y” definitions.

Yard, Front. “Front yard” means an open space on a lot, between the road right-of-way, or point of access (front property line), and the requisite minimum front yard setback line. Where a lot lies at the corner of two or more roads, it shall have a front yard setback area extending back from each road right-of-way. If the exact location of the right-of-way is not known, it shall be assumed that the improved traveling surface of the road is in the center of the road right-of-way. If the width of the road right-of-way is not known, it shall be assumed to be the statutory 60 feet.

Yard, Rear. “Rear yard” means an open space on a lot, between the rear property line and the building closest to the rear property line. In the case of a lot with more than one road frontage the rear yard shall be deemed to be the yard abutting the shorter rear property line; the other yard shall be treated as a side yard. In cases of doubt, the administrator shall make the determination.

Yard, Side. “Side yard” means any yard that is not a front or rear yard. [Ord. 1284 §1, 2018; Ord. 1253, 2014; Ord. 1170B, 2000]

17.10.260 “Z” definitions.

Reserved.