Chapter 19.09


19.09.001    General.

19.09.002    Definitions.

19.09.005    Abutting.

19.09.010    Access.

19.09.015    Accessory use – Accessory building.

19.09.020    Accessory dwelling unit.

19.09.025    Adjacent.

19.09.030    Adult family home.

19.09.032    Agriculture activity.

19.09.035    Alley.

19.09.040    Alteration.

19.09.045    Apartment house.

19.09.050    APWA specifications.

19.09.055    Assisted living.

19.09.060    Attached structure.

19.09.065    Auditor.

19.09.070    Block.

19.09.075    Board of adjustment.

19.09.080    Boundary line adjustment.

19.09.082    Brewery/winery/distillery.

19.09.083    Brewpub.

19.09.085    Building.

19.09.087    Building, attached.

19.09.088    Building, detached.

19.09.090    Building footprint.

19.09.095    Building height.

19.09.100    Building line.

19.09.105    Building official.

19.09.110    Building, principal.

19.09.115    Building, quasi-public.

19.09.120    Caretaker dwelling.

19.09.125    C.D.I.D. No. 1.

19.09.130    Church.

19.09.135    Covenant.

19.09.140    Community center.

19.09.145    Comprehensive development plan.

19.09.150    Condominium.

19.09.155    Cul-de-sac.

19.09.160    Day care center.

19.09.165    Day care, family.

19.09.170    Day care provider.

19.09.175    Dedication.

19.09.180    Developer.

19.09.185    Development.

19.09.190    Diking engineer.

19.09.195    Director.

19.09.200    Duplex.

19.09.205    Dwelling unit.

19.09.210    Dwelling, multifamily.

19.09.215    Dwelling, single-family.

19.09.220    Easement.

19.09.223    Emergency shelter.

19.09.225    EIS.

19.09.230    Entertainment facilities.

19.09.235    Establishment.

19.09.240    Facade.

19.09.245    Family.

19.09.250    Fast-food restaurant.

19.09.255    Final plat.

19.09.260    Fourplex.

19.09.265    Floor area ratio.

19.09.270    Frontage.

19.09.275    Gasoline service station.

19.09.280    Garage, commercial public.

19.09.285    Garage, private residential.

19.09.290    Gross density.

19.09.295    Group home.

19.09.300    Hard surface.

19.09.305    Hazardous waste.

19.09.310    Hazardous waste facility.

19.09.315    Hazardous waste facility, off-site.

19.09.320    Hazardous waste facility, on-site.

19.09.325    Hazardous waste facility, state siting criteria.

19.09.330    Hazardous waste facility, storage.

19.09.335    Hazardous waste facility, treatment.

19.09.337    Health care providers.

19.09.338    Home occupation.

19.09.340    Hospital.

19.09.345    Hotel.

19.09.350    Impervious surface.

19.09.355    Improvements.

19.09.360    Land surveyor.

19.09.365    Level of service.

19.09.370    Lot.

19.09.375    Lot, corner.

19.09.380    Lot, through.

19.09.385    Lot line.

19.09.390    Lot line, front.

19.09.395    Lot line, rear.

19.09.400    Lot line, side.

19.09.405    Lot line, side street.

19.09.410    Lot of record.

19.09.415    Lot area.

19.09.420    Lot coverage.

19.09.425    Lot width.

19.09.430    Manufactured home park.

19.09.435    Manufactured housing.

19.09.440    Master plan.

19.09.445    Medical clinic.

19.09.447    Microbrewery/microwinery/craft distillery.

19.09.450    Motel.

19.09.455    Mobile home.

19.09.460    Nursing home.

19.09.465    Office.

19.09.470    Off-street parking.

19.09.475    On-street parking.

19.09.480    Open space.

19.09.485    Outdoor storage.

19.09.490    Owner.

19.09.495    Personal service establishment.

19.09.500    Plat performance bond.

19.09.505    Planned unit development (PUD).

19.09.510    Preliminary plat.

19.09.512    Produce stand.

19.09.513    Public safety facility.

19.09.515    RCW.

19.09.520    Replat.

19.09.525    Right-of-way.

19.09.530    Repair.

19.09.535    Residential treatment facility.

19.09.540    Retail.

19.09.545    Setback.

19.09.548    Shooting range.

19.09.550    Short subdivision.

19.09.555    Short plat.

19.09.560    Sidewalk.

19.09.565    Sight distance.

19.09.570    Sign.

19.09.575    Significant tree.

19.09.580    Sit-down restaurant.

19.09.585    Sketch plan.

19.09.590    Slope.

19.09.595    Small animal clinic.

19.09.597    Stand-alone liquor store.

19.09.600    Stormwater management.

19.09.605    Street.

19.09.610    Street, arterial.

19.09.615    Street, collector.

19.09.620    Street-facing facade or wall.

19.09.625    Structure.

19.09.630    Subdivider.

19.09.635    Subdivision.

19.09.640    Supermarket.

19.09.645    SEPA.

19.09.650    Tent.

19.09.655    Townhouse.

19.09.658    Transitional housing facility.

19.09.660    Triplex.

19.09.665    Trailer, camp or park.

19.09.670    Vacant land.

19.09.675    Variance.

19.09.680    Vision clearance area.

19.09.685    WAC.

19.09.687    Wholesale trade.

19.09.690    Yard, front.

19.09.695    Yard, rear.

19.09.700    Yard, required.

19.09.705    Yard, side.

19.09.900    Figures.

19.09.001 General.

For the purposes of this title, certain terms are defined in this chapter. When not inconsistent with the context, words used in the present tense include the future, words used in the singular number include the plural, and words in the plural number include the singular; the word “persons” may be taken for a person, firm, partnership or corporation; the word “occupied” includes premises designed or intended to be occupied; the word “used” includes designed or intended to be used; and the word “shall” is always mandatory and not merely directive. Other words and terms shall have their customary dictionary definitions. (Ord. 3122 § 8, 2010).

19.09.002 Definitions.

The definitions in this chapter shall be utilized in the application of this title and Chapter 12.50 LMC. (Ord. 3122 § 8, 2010).

19.09.005 Abutting.

“Abutting” means the condition of two or more adjoining properties having a common lot line or boundary, including cases where two or more lots adjoin only on a corner or corners. (Ord. 3122 § 8, 2010).

19.09.010 Access.

“Access” means a means of approaching, entering, and leaving a property, providing for the vested rights of an owner or lessee of land to ingress and egress to and from the property to and from a public street or road. (Ord. 3122 § 8, 2010).

19.09.015 Accessory use – Accessory building.

“Accessory use” or “accessory building” means a subordinate use or subordinate building customarily incidental to and located upon the same lot occupied by the main use or principal building. (Ord. 3122 § 8, 2010).

19.09.020 Accessory dwelling unit.

“Accessory dwelling unit (ADU)” means a second dwelling unit added to or created within, or constructed on the same lot as, an existing single-family dwelling, for use as a complete independent or semi-independent unit with provisions for cooking, eating, sanitation and sleeping. (Ord. 3122 § 8, 2010).

19.09.025 Adjacent.

“Adjacent” means the condition of being near or close to but not necessarily having a common dividing line. Two properties which are separated by only a street or alley shall be considered as adjacent to one another. (Ord. 3122 § 8, 2010).

19.09.030 Adult family home.

“Adult family home” means a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services and are licensed by the Washington State Department of Social and Health Services. (Ord. 3122 § 8, 2010).

19.09.032 Agriculture activity.

“Agriculture activity” means farming, including plowing, tillage, cropping, seeding, cultivating, or harvesting for the production of food and fiber products (except commercial logging and timber harvesting operations); the grazing or raising of livestock (except in feed yards); aquaculture; sod production; orchards; Christmas tree plantations; nurseries; and the cultivation of products as part of a recognized commercial enterprise. The term shall include incidental retail sales by the producer of products raised on the property of record. (Ord. 3122 § 8, 2010).

19.09.035 Alley.

See LMC 12.50.030(5). (Ord. 3122 § 8, 2010).

19.09.040 Alteration.

“Alteration” means a physical change to a structure or site. Alteration does not include normal maintenance and repair or total demolition. Alteration does include the following:

(1) Changes to the exterior of a building;

(2) Changes to the interior of a building;

(3) Increases or decreases in floor area of a building;

(4) Changes to other structures on the site, or the development of new structures;

(5) Changes to exterior improvements;

(6) Changes to landscaping; and

(7) Changes in the topography of the site. (Ord. 3122 § 8, 2010).

19.09.045 Apartment house.

“Apartment house” means a building containing five or more family dwelling units each of which, though independent of each other, is provided with joint services such as central heat, common hallways, common entrance or entrances to the building, janitor services, refuse disposal and similar services. (Ord. 3122 § 8, 2010).

19.09.050 APWA specifications.

“APWA specifications” means the current edition of the Standard Specifications for Municipal Public Works Construction of the Washington State Chapter of the American Public Works Association, as may be amended and except as superseded by standards adopted by the city. (Ord. 3122 § 8, 2010).

19.09.055 Assisted living.

“Assisted living” means any group residential program that provides personal care and support services to people who need help with daily living activities as a result of physical or cognitive disability. Assisted living communities usually offer help with bathing, dressing, meals and housekeeping. The amount of help provided depends on individual needs; however, full-time (24 hours a day) care is not needed. Assisted living may also be referred to as “congregate living facility” or “continuing care retirement facility.” (Ord. 3122 § 8, 2010).

19.09.060 Attached structure.

“Attached structure” means any structure that is attached to another structure by a common wall, by a roof, or by structural connections that allow pedestrian access to both structures. For example, decks or stairways are attached structures when they are connected to another structure. A garage may be attached to another structure by sharing a wall or by a breezeway. Structures connected by an “I” beam or similar connections are not considered attached. (Ord. 3122 § 8, 2010).

19.09.065 Auditor.

“Auditor” means the auditor of Cowlitz County whose duty it is to record all divisions of land within Cowlitz County. (Ord. 3122 § 8, 2010).

19.09.070 Block.

“Block” means a well defined parcel of land within a subdivision bounded on all sides by streets, railroad rights-of-way, physical barriers such as watercourses, public or common parks or open space, unsubdivided acreage or a combination thereof dissected by a through street. (Ord. 3122 § 8, 2010).

19.09.075 Board of adjustment.

“Board of adjustment” means the board of adjustment of the city of Longview. (Ord. 3122 § 8, 2010).

19.09.080 Boundary line adjustment.

“Boundary line adjustment” is the adjusting of boundary lines, between platted or nonplatted lots or both, which does not create any additional lot, tract, parcel, site, or division, nor create any lot, tract, parcel, site, or division which contains insufficient area and dimensions to meet minimum requirements for width and area for a building site and may be accomplished in nonconforming situations when the degree of nonconformity is not increased (see Chapter 19.68 LMC). Boundary line adjustments may combine two or more platted or nonplatted lots, or both, into one lot. See Figure 19.09.900-1. (Ord. 3122 § 8, 2010).

19.09.082 Brewery/winery/distillery.

“Brewery” or “winery” or “distillery” means an establishment primarily engaged in the production and distribution of beer, ale, or other malt beverages, or wine, or spirits, and which may include accessory uses such as a tasting room and retail sales of promotional products. This classification allows a brewery/winery/distillery to sell beer/wine/spirits at retail and/or act as wholesaler for beer/wine/spirits of its own production for off-site consumption with appropriate state licenses. The tasting room and retail area can be no larger than 750 square feet combined. One-day promotional events may be held on site up to four times per year. These events shall be permitted through Chapter 7.40 LMC. The development may include other uses such as a standard restaurant, bar or live entertainment as otherwise permitted in the zoning district. (Ord. 3425 § 1, 2020; Ord. 3202 § 10, 2012).

19.09.083 Brewpub.

“Brewpub” means a restaurant, tavern, bar or nightclub that manufactures up to 1,500 barrels of fermented malt beverages, 300 cases of wine or 100 gallons of spirits per year on premises for either consumption on-premises or by hand-capped or sealed containers in quantities up to one-half barrel or 15.5 gallons beer, or up to one-fifth of a U.S. liquid gallon wine or spirits, sold directly to the consumer. Wholesaling shall be permitted only as otherwise permitted in the zoning district. All aspects of production, service and sales of alcohol beverages must have the appropriate Washington State permits. A brewpub is not allowed in conjunction with a restaurant that has a drive-up facility. (Ord. 3425 § 1, 2020; Ord. 3202 § 10, 2012).

19.09.085 Building.

“Building” means any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind. (Ord. 3122 § 8, 2010).

19.09.087 Building, attached.

“Attached building” means any building that is connected to another with a common roof or any buildings with a separation distance less than three feet at the exterior walls or less than two feet at the roof overhang. (Ord. 3182 § 1, 2011).

19.09.088 Building, detached.

“Detached building” means buildings that have a separation distance of three feet or more at the exterior wall and two feet or more at the roof overhangs and are not physically connected to the adjacent structure by any other means. (Ord. 3182 § 1, 2011).

19.09.090 Building footprint.

“Building footprint” means the horizontal area measured within the outside of the exterior walls of the ground floor of a principal or accessory building on the lot. (Ord. 3122 § 8, 2010).

19.09.095 Building height.

“Building height” is the vertical distance from grade plane to the average height of the highest roof surface. Grade plane is as defined in the International Building Code as adopted by Chapter 16.02 LMC. See Figure 19.09.900-2. (Ord. 3122 § 8, 2010).

19.09.100 Building line.

“Building line” means a line on a plat indicating the limit beyond which buildings or structures may not be erected. (Ord. 3122 § 8, 2010).

19.09.105 Building official.

“Building official” means the person who enforces the building ordinances and regulations for the city, and other ordinances and regulations as assigned. (Ord. 3122 § 8, 2010).

19.09.110 Building, principal.

“Principal building” means a building in which the primary use of the lot on which the building is located and conducted. (Ord. 3122 § 8, 2010).

19.09.115 Building, quasi-public.

“Quasi-public building” means a building, although privately owned, where people congregate in considerable numbers for purposes fairly deemed to promote a public purpose or to serve a public use, such as auditoriums, lodge halls and chambers of commerce quarters. (Ord. 3122 § 8, 2010).

19.09.120 Caretaker dwelling.

“Caretaker’s dwelling” means a residence located on the premises with a main nonresidential use and occupied only by a caretaker or guard employed on the premises, and his or her family. For the purposed of this definition, dwelling includes apartment, quarters, cottages, facilities and units. (Ord. 3122 § 8, 2010).

19.09.125 C.D.I.D. No. 1.

“C.D.I.D. No. 1” means consolidated diking improvement district No. 1 of Cowlitz County. (Ord. 3122 § 8, 2010).

19.09.130 Church.

“Church” means an establishment, the principal purpose of which is religious worship, and for which the principal building or other structure contains the sanctuary or principal place of worship. (Ord. 3122 § 8, 2010).

19.09.135 Covenant.

“Covenant” means a private legal restriction or obligation in regard to the use of land contained in the deed to a property or otherwise formally recorded. (Ord. 3122 § 8, 2010).

19.09.140 Community center.

“Community center” means a building to be used as a place of meeting, recreation, or social activity and not operated for profit and in which neither alcoholic beverages nor meals are normally dispensed or consumed. (Ord. 3202 § 10, 2012; Ord. 3122 § 8, 2010).

19.09.145 Comprehensive development plan.

“Comprehensive development plan” as it is applied within the regional commercial zoning district means a detailed master plan of the site supported by the submittal of building permits or other assurances of completion suitable to the city, providing for a minimum gross floor area of 80,000 square feet in one or more new structures as permitted, and which is designed as a large-scale commercial center offering a shopping environment for the general public and functioning as a unit, with off-street parking, landscaped areas, driveways, access points and pedestrian walkways provided and integrated on the site. (Ord. 3122 § 8, 2010).

19.09.150 Condominium.

“Condominium” means a building or complex of multiple-unit dwelling in which a tenant holds full title to his/her unit and joint ownership in the common grounds with the owners. (Ord. 3122 § 8, 2010).

19.09.155 Cul-de-sac.

“Cul-de-sac” means a local street closed at one end. Cul-de-sacs are required by this title to terminate in a turning circle for the safe and convenient reversal of traffic movement. (Ord. 3122 § 8, 2010).

19.09.160 Day care center.

“Day care center” means a facility regularly providing care for 13 or more children for periods of less than 24 hours, and licensed for such use by the state. No such center shall be located in a private family residence unless the portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation or is separate from the usual living quarters of the family. (Ord. 3122 § 8, 2010).

19.09.165 Day care, family.

“Family day care” means a child day care provider who regularly provides child care and early learning services for not more than 12 children in the provider’s home and which meets state standards. (Ord. 3122 § 8, 2010).

19.09.170 Day care provider.

“Day care provider” means a home regularly providing care for 12 or fewer children for periods of less than 24 hours and licensed for such use by the state. Such a facility shall be located in the family abode of the person or persons under whose direct care and supervision the children are placed. (Ord. 3122 § 8, 2010).

19.09.175 Dedication.

“Dedication” means the deliberate appropriation of land or improvements by the owner for any general or public use. Through a dedication, the owner reserves to himself no rights other than those compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. (Ord. 3122 § 8, 2010).

19.09.180 Developer.

“Developer,” when used in the context of this title, means the subdivider or applicant for a subdivision. (Ord. 3122 § 8, 2010).

19.09.185 Development.

“Development” means all improvements on a site, including buildings, other structures, parking and loading areas, landscaping, paved or graveled areas, and areas devoted to exterior display, storage, or activities. Development includes improved open areas such as plazas and walkways. (Ord. 3122 § 8, 2010).

19.09.190 Diking engineer.

“Diking engineer” means the C.D.I.D. No. 1 engineer, supervisor or consulting engineer retained by the district. (Ord. 3122 § 8, 2010).

19.09.195 Director.

“Director” means the community development director of the city. (Ord. 3122 § 8, 2010).

19.09.200 Duplex.

“Duplex” means a building that contains two primary dwelling units on one lot. The units must share a common wall or common floor/ceiling. (Ord. 3122 § 8, 2010).

19.09.205 Dwelling unit.

“Dwelling unit” means a building, or a portion of a building, that has independent living facilities including provisions for sleeping, cooking, and sanitation, and that is designed for residential occupancy by a group of people. Buildings with more than one set of cooking facilities are considered to contain multiple dwelling units or accessory dwelling units, unless the additional cooking facilities are clearly accessory to the primary use, such as an outdoor grill. (Ord. 3122 § 8, 2010).

19.09.210 Dwelling, multifamily.

“Multifamily dwelling” means a building arranged or designed to be occupied by more than four families, such as an apartment house or flat, but not including a trailer park. (Ord. 3122 § 8, 2010).

19.09.215 Dwelling, single-family.

“Single-family dwelling” means a building arranged or designed to be occupied by not more than one family. (Ord. 3122 § 8, 2010).

19.09.220 Easement.

“Easement” means a written grant by a land owner to another person, the public or public agency authorizing use of a portion of land for a specified purpose or purposes. (Ord. 3122 § 8, 2010).

19.09.223 Emergency shelter.

“Emergency shelter” means congregate facilities providing housing to shelter families and individuals offered on an emergency basis for a period not to exceed 90 days continuously. Shelters may offer meals, lodging and associated services on site, aimed at helping people move towards self-sufficiency. (Ord. 3202 § 10, 2012).

19.09.225 EIS.

“EIS” means an environmental impact statement prepared to Chapter 43.21C RCW and Chapter 197-10 WAC and any amendments thereof. (Ord. 3122 § 8, 2010).

19.09.230 Entertainment facilities.

“Entertainment facilities” includes but is not limited to movie theaters, arcades, recreation, bowling. Adult land uses and sexually oriented uses are not included. (Ord. 3122 § 8, 2010).

19.09.235 Establishment.

“Establishment” means either of the following: (1) an institutional, business, commercial, or industrial activity that is the sole occupant of one or more buildings; (2) an institutional, business, commercial, or industrial activity that occupies a portion of a building that: (a) the activity is a logical and separate entity from the other activities within the building and not a department of the whole; and (b) the activity has either a separate entrance from the exterior of the building, or a separate entrance from a common and clearly defined entryway that has direct access to the exterior of the building. (Ord. 3122 § 8, 2010).

19.09.240 Facade.

“Facade” means that exterior side of a building which faces, and is most nearly parallel to a public or private street (a building may have more than one facade). The facade shall include the entire building walls, including wall faces, parapets, fascia, windows, doors, canopies, and visible roof structures of one complete elevation. (Ord. 3122 § 8, 2010).

19.09.245 Family.

“Family” means any number of individuals living together as a single housekeeping unit, and doing their cooking on the premises exclusively as one household. (Ord. 3122 § 8, 2010).

19.09.250 Fast-food restaurant.

“Fast-food restaurant” means a restaurant where customers order and are served their food and beverages at a counter or in a motor vehicle (via a drive-through window) in packages prepared to leave the premises, or able to be taken to a table or counter to be consumed. (Ord. 3122 § 8, 2010).

19.09.255 Final plat.

“Final plat” is a map or representation of a subdivision (excluding a short subdivision), showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications, meeting the requirements of the platting regulations of the city, and filed for record in the office of the auditor of Cowlitz County. (Ord. 3122 § 8, 2010).

19.09.260 Fourplex.

“Fourplex” means a building containing four dwelling units, designed for occupancy by not more than four families living independently from each other. (Ord. 3122 § 8, 2010).

19.09.265 Floor area ratio.

Floor area ratio (FAR) represents the gross floor area of all buildings or structures on a lot divided by the total lot area. (Ord. 3122 § 8, 2010).

19.09.270 Frontage.

“Frontage” means that distance where a property line is common with a street right-of-way line. See Figure 19.09.900-3. (Ord. 3122 § 8, 2010).

19.09.275 Gasoline service station.

“Gasoline service station” means a place where gasoline, motor oil, lubricants, or other minor accessories are retailed directly to the public on the premises in combination with the retailing of items typically found in a convenience market or supermarket. In addition, such a facility may provide vehicle servicing, repairs, and maintenance. (Ord. 3122 § 8, 2010).

19.09.280 Garage, commercial public.

“Commercial public garage” means any building or premises used for the storage or housing of more than three self-propelled vehicles and where such vehicles are repaired or kept for hire or for sale. (Ord. 3122 § 8, 2010).

19.09.285 Garage, private residential.

“Private residential garage” means a building that is accessory to a single- or two-family dwelling, is used for the parking and storage of vehicles and operated by the residents thereof, and is not a separate commercial enterprise available to the general public. (Ord. 3122 § 8, 2010).

19.09.290 Gross density.

“Gross density” means the total number of dwelling units divided by the total project area, without subtracting areas devoted to open space, roadways, parks or similar public use and infrastructure areas. (Ord. 3122 § 8, 2010).

19.09.295 Group home.

“Group home” means an ADSA licensed adult family home or boarding home contracted and certified by ADSA to provide residential services and support to adults with developmental disabilities. “ADSA” means the aging and disability services administration, an administration within the Washington State Department of Social and Health Services. (Ord. 3122 § 8, 2010).

19.09.300 Hard surface.

“Hard surface” means cement concrete paving or asphaltic concrete paving, not including materials used for landscaping purposes. (Ord. 3122 § 8, 2010).

19.09.305 Hazardous waste.

“Hazardous waste” has the same meaning as defined in Chapter 70.105 RCW, and the regulations thereunder, as now or hereafter amended. (Ord. 3122 § 8, 2010).

19.09.310 Hazardous waste facility.

“Hazardous waste treatment and storage facility” means a location at which hazardous waste is treated and/or stored. (Ord. 3122 § 8, 2010).

19.09.315 Hazardous waste facility, off-site.

“Off-site hazardous waste treatment and storage facility” facility is one that treats and stores hazardous waste generated on any property other than that on which the facility is located. (Ord. 3122 § 8, 2010).

19.09.320 Hazardous waste facility, on-site.

“On-site hazardous waste treatment and storage facility” means a facility that treats and stores hazardous waste generated on the same, geographically adjacent or bordering property. (Ord. 3122 § 8, 2010).

19.09.325 Hazardous waste facility, state siting criteria.

“State siting criteria of hazardous waste treatment and storage facilities” means the criteria currently or hereafter developed by the Washington State Department of Ecology under the authority of RCW 70.105.210 for the siting of hazardous waste management facilities. (Ord. 3122 § 8, 2010).

19.09.330 Hazardous waste facility, storage.

“Hazardous waste storage facility” means the holding of hazardous waste for a temporary period. Accumulation of hazardous waste, by the generator on the site of generation, is not storage as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201, as now or hereafter amended. (Ord. 3122 § 8, 2010).

19.09.335 Hazardous waste facility, treatment.

“Hazardous waste treatment facility” means the physical, chemical or biological processing of hazardous waste to make such waste not dangerous or less dangerous, safer for transport, amenable for storage or reduced in volume. (Ord. 3122 § 8, 2010).

19.09.337 Health care providers.

“Health care providers” means any health professional, hospital, or other institution, organization, or person that furnishes health care services and is licensed by the state of Washington to furnish such services. Health care providers include medical, surgical, dental, chiropractic, hospital, optometric, podiatric, pharmaceutical, ambulance, mental health, and other therapeutic services. Health care providers do not include the suppliers of medical marijuana. (Ord. 3202 § 10, 2012).

19.09.338 Home occupation.

“Home occupation” means any activity carried out for gain by a resident and conducted in the resident’s dwelling unit or in an accessory building. (Ord. 3182 § 1, 2011).

19.09.340 Hospital.

“Hospital” means an institution in which patients or injured persons are given medical or surgical care. “Hospital” is further defined as an institution where patients are provided with room and board, sometimes for extended periods of time, and where doctors usually call upon the patients in the institution only for scheduled examinations or upon call for emergency service. (Ord. 3122 § 8, 2010).

19.09.345 Hotel.

“Hotel” means a building in which lodging is provided for a fee to guests for up to 30 consecutive nights and may provide such things as restaurants, meeting rooms, and/or other auxiliary facilities and services. Hotels shall be licensed by the State Department of Health. (Ord. 3202 § 10, 2012; Ord. 3122 § 8, 2010).

19.09.350 Impervious surface.

“Impervious surface” means surface area that does not allow for water infiltration, or has a runoff coefficient of 0.90 or more (e.g., nonpermeable pavement, solid rock, roofs, foundations, underground tanks and vaults, and similar areas). (Ord. 3122 § 8, 2010).

19.09.355 Improvements.

“Improvements” means structures, works or components thereof, including but not limited to streets, curbs, sidewalks, water and sanitary sewer systems, levee and drainage systems, street light systems, landscaping and electric, gas, telephone and television lines and cables and appurtenant equipment. (Ord. 3122 § 8, 2010).

19.09.360 Land surveyor.

“Land surveyor” means a person authorized to practice the profession of land surveying adopted by the provisions of Chapter 18.43 RCW and hereafter amended. (Ord. 3122 § 8, 2010).

19.09.365 Level of service.

“Level of service (LOS)” means a quantitative standard for transportation facilities describing operational conditions. Level of service may be described for intersections (signalized or unsignalized) or street segments (between signalized intersections). (Ord. 3122 § 8, 2010).

19.09.370 Lot.

“Lot” means the parcel of land on which a principal building and its accessory buildings are placed or are to be placed, together with the required open spaces; or a lot designated as such on an officially recorded plat. (Ord. 3122 § 8, 2010).

19.09.375 Lot, corner.

“Corner lot” means a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street formatting an interior angle of 120 degrees or less. See Figures 19.09.900-3 and 19.09.900-4. (Ord. 3122 § 8, 2010).

19.09.380 Lot, through.

“Through lot” means a lot having a frontage on two approximately parallel streets or fronting on streets not parallel. May also be referred to as a “double frontage lot.” See Figure 19.09.900-3. (Ord. 3122 § 8, 2010).

19.09.385 Lot line.

“Lot line” means a boundary of a lot, dividing one lot from another or from a street or any public place. (Ord. 3122 § 8, 2010).

19.09.390 Lot line, front.

“Front lot line” means a lot line, or segment of a lot line, that abuts a street. On a corner lot, the front lot line is the shortest of the lot lines that abut a street. If two or more street lot lines are of equal length, then the applicant or property owner can choose which lot line is to be the front lot line. However, a through lot has two front lot lines regardless of whether the street lot lines are of equal or unequal length. See Figures 19.09.900-5 and 19.09.900-6. (Ord. 3122 § 8, 2010).

19.09.395 Lot line, rear.

“Rear lot line” means a lot line that is opposite a front lot line. A triangular lot has two side lot lines but no rear lot line. For other irregularly shaped lots, the rear lot line is all lot lines that are most nearly opposite the front lot line. See Figures 19.09.900-5 and 19.09.900-6. (Ord. 3122 § 8, 2010).

19.09.400 Lot line, side.

“Side lot line” means a lot line that is neither a front or rear lot line. See Figures 19.09.900-5 and 19.09.900-6. (Ord. 3122 § 8, 2010).

19.09.405 Lot line, side street.

“Side street lot line” means a lot line that is neither a front or rear lot line and abuts a street. (Ord. 3122 § 8, 2010).

19.09.410 Lot of record.

“Lot of record” means a plot of land:

(1) That was created and recorded before February 19, 2010; and

(2) For which the deed, or other instrument dividing the land, is recorded with the Cowlitz County auditor’s office.

(3) An owner’s segregation processed through the Cowlitz County assessor’s office for taxing purposes only is not a “lot of record.” (Ord. 3297 § 3, 2015; Ord. 3122 § 8, 2010).

19.09.415 Lot area.

“Lot area” means the total surface area (measured horizontally) within the boundary lines of a lot. (Ord. 3122 § 8, 2010).

19.09.420 Lot coverage.

“Lot coverage” means the total area of a lot covered by building(s) or impervious surfaces, as allowed by the applicable land use district development standards. (Ord. 3122 § 8, 2010).

19.09.425 Lot width.

“Lot width” means the horizontal distance between side lot lines, measured at the required front setback line. (Ord. 3122 § 8, 2010).

19.09.430 Manufactured home park.

“Manufactured home park” means a site containing spaces with required improvements and utilities that are leased for the long-term placement of manufactured housing. (Ord. 3122 § 8, 2010).

19.09.435 Manufactured housing.

“Manufactured housing” means a single-family dwelling built according to the United States Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, which is a national preemptive building code. A manufactured home also: (1) includes plumbing, heating, air conditioning, and electrical systems; (2) is built on a permanent chassis; and (3) can be transported in one or more sections with each section at least eight feet wide and 40 feet long when transported, or when installed on the site is 320 square feet or greater. (Ord. 3122 § 8, 2010).

19.09.440 Master plan.

“Master plan” means the map showing the intended development scheme or pattern of a large parcel to be developed in successive phases, prepared in accordance with LMC 19.80.140. (Ord. 3122 § 8, 2010).

19.09.445 Medical clinic.

“Medical clinic” means a building or portion of a building containing offices or facilities for providing medical, dental, or psychiatric services for outpatients only. (Ord. 3122 § 8, 2010).

19.09.447 Microbrewery/microwinery/craft distillery.

“Microbrewery” or “microwinery” or “craft distillery” means the same as “brewery/winery/distillery” except for the following: a microbrewery shall have a capacity of not more than 15,000 barrels a year and a microwinery no more than 3,000 cases of wine per year and craft distillery no more than 1,500 gallons per year. Per RCW 66.24.244(3), a microbrewery may also sell beer produced by another microbrewery or a domestic brewery for on- and off-premises consumption from its premises as long as the other breweries’ brands do not exceed 25 percent of the microbrewery’s on-tap offering of its own brands. (Ord. 3425 § 1, 2020; Ord. 3202 § 10, 2012).

19.09.450 Motel.

“Motel” means a building or group of buildings in which lodging is provided for a fee to guests for up to 30 consecutive nights and typically do not provide such things as restaurants, meeting rooms, and/or other auxiliary facilities and services. Motels shall be licensed by the State Department of Health. Motels are distinguished from a hotel primarily by reason of providing direct access to, and adjoining parking for, each rental unit. (Ord. 3202 § 10, 2012; Ord. 3122 § 8, 2010).

19.09.455 Mobile home.

“Mobile home” means a factory-built dwelling built prior to June 15, 1976, to standards other than the United States Department of Housing and Urban Development Code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the United States Department of Housing and Urban Development Manufactured Home Construction and Safety Act. (Ord. 3122 § 8, 2010).

19.09.460 Nursing home.

“Nursing home” means any home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in excess of 24 consecutive hours for three or more patients not related by blood or marriage to the operator. This definition shall not be construed to include general hospitals or other places which provide care and treatment for the acutely sick and maintain and operate facilities for major surgery. (Ord. 3122 § 8, 2010).

19.09.465 Office.

“Office” means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, and communication equipment. (Ord. 3122 § 8, 2010).

19.09.470 Off-street parking.

“Off-street parking” means all off-street areas designed, used, required or intended to be used for the parking of motor vehicles. See Chapter 19.78 LMC for parking standards. (Ord. 3122 § 8, 2010).

19.09.475 On-street parking.

“On-street parking” means parking in the street right-of-way, typically in parking lanes or bays. Parking may be parallel or angled in relation to the edge of the right-of-way or curb. (Ord. 3122 § 8, 2010).

19.09.480 Open space.

“Open space” means any land or area that is retained for use as active or passive recreation areas, or for resource protection in an essentially undeveloped state that is not covered by building, accessory structures, parking structures, or parking lots except structures appurtenant to recreational use and used to enhance the site. (Ord. 3122 § 8, 2010).

19.09.485 Outdoor storage.

“Outdoor storage” means the storage of any material for a period greater than 24 hours, including items for sale, lease, processing, and repair (including vehicles) not in an enclosed building. (Ord. 3122 § 8, 2010).

19.09.490 Owner.

“Owner” means the owner of the title to real property or the contract purchaser of real property of record, as shown on the latest assessment records in the office of the county assessor. “Owner” also includes a deed holder or contract purchaser whose name does not appear in the latest assessment records, but who presents to the city a copy of a deed or contract of sale showing date, book, and page of recording. (Ord. 3122 § 8, 2010).

19.09.495 Personal service establishment.

“Personal service establishment” means an establishment that offers specialized goods and services including barbershops, beauty shops, dry cleaning, tanning salons, tattoo parlors, clothing repair or tailoring and other similar establishments. (Ord. 3122 § 8, 2010).

19.09.500 Plat performance bond.

“Plat performance bond” means a form of security executed by a surety company authorized to transact business in the state of Washington, securing to the city the satisfactory completion of required improvements and fulfilling the requirements of this chapter. (Ord. 3122 § 8, 2010).

19.09.505 Planned unit development (PUD).

“Planned unit development” or “PUD” means a development that differs from a conventional subdivision or development by means of enhanced and unified site design, building layout, environmental protection, and open space preservation in a more clustered setting than allowable under the zoning regulations of the base zone. As regulated by this title, a PUD is a floating zoning designation subject to discretionary approval. In appropriate circumstances and as approved, the PUD overlay allows an applicant to take advantage of discretionary zoning and subdivision standards as specifically set forth in Chapter 19.66 LMC. (Ord. 3122 § 8, 2010).

19.09.510 Preliminary plat.

“Preliminary plat” means a neat accurate scale drawing of a proposed subdivision which establishes the basis for the approval, conditional approval or disapproval of the proposed subdivision conforming in detail to LMC 19.80.110. (Ord. 3122 § 8, 2010).

19.09.512 Produce stand.

“Produce stand” means a temporary building, structure, or land area used for the sale of fresh whole fruits, vegetables, grains, seeds, and/or nuts. A produce stand may include, as incidental and accessory to the principal use, some limited nonfood items, and these products shall consist of no more than 15 percent of the gross sales area. A temporary building or structure shall not be permanently affixed to the ground and shall be readily removable in its entirety. No roadside stand, building or structure shall be more than 750 square feet in ground floor area. (Ord. 3171 § 1, 2011).

19.09.513 Public safety facility.

“Public safety facility” means a facility operated by public agencies including fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities. (Ord. 3268 § 1, 2014).

19.09.515 RCW.

“RCW” means the Revised Code of Washington. (Ord. 3122 § 8, 2010).

19.09.520 Replat.

“Replat” means the division of a lot(s) or parcel(s) of land that is already a part of an existing subdivision. The term “replat” shall be regarded as synonymous with the terms “resubdivison” and “resegregation.” (Ord. 3122 § 8, 2010).

19.09.525 Right-of-way.

“Right-of-way” means a strip of land intended for ingress and egress for traffic and/or placement of utilities, levees and drainage facilities and vegetation. (Ord. 3122 § 8, 2010).

19.09.530 Repair.

“Repair” means the replacement of a small portion of existing work which has been damaged or deteriorated with the same kind of material used in the existing work, but not including additional work or work that would be in violation of any provision of city ordinances or regulations. (Ord. 3122 § 8, 2010).

19.09.535 Residential treatment facility.

“Residential treatment facility” means a residential building that is licensed by the state to provide residential and domiciliary care to five or more individuals, or to provide rehabilitative treatment or services to individuals. Residential treatment facilities generally provide a limited-term living arrangement for their residents in a family-like setting. Such facilities also provide rehabilitative services other than basic living skills training, often intended to provide residents with the future ability to live independently. Such facilities may provide medical treatment as an integral part of a rehabilitative program. (Ord. 3122 § 8, 2010).

19.09.540 Retail.

“Retail” means the selling of goods, wares, or merchandise directly to the ultimate consumer or persons without a resale license. (Ord. 3122 § 8, 2010).

19.09.545 Setback.

“Setback” means the minimum distance required between a specified object, such as a building, and another point, measured from lot lines to a specified object. Typically, a setback refers to the minimum distance (yard dimension) from a building to a specified lot line. (Ord. 3122 § 8, 2010).

19.09.548 Shooting range.

“Shooting range” means a facility designed to provide a confined space for safe target practice with firearms, archery equipment, or other weapons whether open to the public, open only to private membership, open to organizational training such as law enforcement, or any combination thereof. (Ord. 3254 § 1, 2013).

19.09.550 Short subdivision.

“Short subdivision” means the division or redivision of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. (Ord. 3122 § 8, 2010).

19.09.555 Short plat.

“Short plat” is the map or representation of a short subdivision. (Ord. 3122 § 8, 2010).

19.09.560 Sidewalk.

“Sidewalk” means a paved walkway within a public street right-of-way that is generally located adjacent to and separated from the roadway by a curb or curb and planter strip. (Ord. 3122 § 8, 2010).

19.09.565 Sight distance.

“Sight distance” means the unobstructed viewing distance measured from one object or location to another object or location, usually required for the purpose of traffic safety. (Ord. 3122 § 8, 2010).

19.09.570 Sign.

“Sign” means any outdoor device, or device visible from outdoors, providing identification, advertising or directional information for a specific business, group of businesses, service, product, brand, person, organization, place or building. Including in this definition of signs are: graphic devices such as logos, trademarks, and attention attracting objects such as wind-driven spinners and portable sign devices, logo sculpture, banners, balloons, streamers, strobe lights, flags, inflatable structures, projected picture signs, holographic projection signs, laser projected designs/images/copy and other attention attracting media and devices. (Ord. 3122 § 8, 2010).

19.09.575 Significant tree.

“Significant tree” means an existing healthy tree which, when measured four feet above grade, has a minimum diameter of eight inches for evergreen trees or 12 inches for deciduous trees. (Ord. 3122 § 8, 2010).

19.09.580 Sit-down restaurant.

“Sit-down restaurant” means an establishment maintained, operated, and/or advertised to the public as a place where food and beverages are served to the public on demand from a menu during stated business hours, served in and on reusable containers and dinnerware, to be consumed primarily on the premises and inside the building at tables, booths, or counters. This use may include incidental delivery or pickup service. (Ord. 3122 § 8, 2010).

19.09.585 Sketch plan.

“Sketch plan” means a generalized map preparatory to a preliminary plat, prepared for review at a pre-application conference, showing the general layout of a prospective subdivision. (Ord. 3122 § 8, 2010).

19.09.590 Slope.

“Slope” means a term referring to the steepness of terrain expressed in percentage terms, and determined by dividing the vertical rise in elevation by the distance over which the rise occurs. (Ord. 3122 § 8, 2010).

19.09.595 Small animal clinic.

“Small animal clinic” or “veterinary hospital” means an establishment in which veterinary services are rendered to dogs, cats and other small animals and domestic pets. This use shall be restricted to domesticated animals other than livestock, where veterinary services and temporary boarding incidental thereto are rendered, but shall not include kennels or open runs provided solely or primarily for the boarding, breeding, training or other services than veterinary to domesticated animals. (Ord. 3122 § 8, 2010).

19.09.597 Stand-alone liquor store.

“Stand-alone liquor store” means a business that has a spirits retail license per WAC 314-02-106 and 314-02-107 whose primary stock-in-trade is alcoholic beverages such as spirits, wine and beer. (Ord. 3202 § 10, 2012).

19.09.600 Stormwater management.

“Stormwater management” means the collecting, conveyance, channeling, holding, retaining, detaining, infiltrating, diverting, treating, or filtering of surface water, ground water, and/or runoff, together with applicable managerial measures. (Ord. 3122 § 8, 2010).

19.09.605 Street.

“Street” means a publicly owned improved thoroughfare or right-of-way, dedicated, condemned or otherwise acquired by the public for use as such, which affords the primary means of access to abutting properties. See LMC 12.50.030 for street classification definitions. (Ord. 3122 § 8, 2010).

19.09.610 Street, arterial.

See LMC 12.50.030. (Ord. 3122 § 8, 2010).

19.09.615 Street, collector.

See LMC 12.50.030. (Ord. 3122 § 8, 2010).

19.09.620 Street-facing facade or wall.

“Street-facing facade/wall” means all the wall planes of a structure as seen from one side or view that are at an angle of 45 degrees or less from a street lot line. See Figure 19.09.900-7. (Ord. 3122 § 8, 2010).

19.09.625 Structure.

“Structure” means anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground including but not limited to fences, signs, kiosks, or similar uses. (Ord. 3122 § 8, 2010).

19.09.630 Subdivider.

“Subdivider” means any individual, firm, partnership, association, corporation, estate, trust, or any other group or combination, acting as a unit, dividing or proposing to divide land so as to constitute a subdivision, as defined herein, and including any agent of the subdivider. (Ord. 3122 § 8, 2010).

19.09.635 Subdivision.

“Subdivision” means the division of any lot, parcel or tract of land into five or more lots or tracts, or other divisions of land for the purpose of sale or lease, whether immediate or future, including resubdivision or replatting of land or lots, to include land within short subdivisions that is further divided within five years of the effective date of the short subdivision in accordance with RCW 58.17.060. (Ord. 3122 § 8, 2010).

19.09.640 Supermarket.

“Supermarket” means a market having 10,000 square feet or more of floor area devoted principally to the sale of food. (Ord. 3122 § 8, 2010).

19.09.645 SEPA.

“SEPA” means the State Environmental Policy Act, as amended in Chapter 43.21C RCW. (Ord. 3122 § 8, 2010).

19.09.650 Tent.

“Tent” means any structure, enclosure or shelter constructed of canvas, plastic or other pliable material supported in any manner except by air or the contents it protects. (Ord. 3122 § 8, 2010).

19.09.655 Townhouse.

“Townhouse” means a form of attached housing comprised of a single building where dwelling units are separated by vertical fire walls. Each unit is located on its own individual legal lot of record, has its own independent access and its own front and rear yard. (Ord. 3122 § 8, 2010).

19.09.658 Transitional housing facility.

“Transitional housing facility” means a project that has as its purpose facilitating the movement of homeless individuals and families to permanent housing within a reasonable amount of time (usually 24 months). Transitional housing includes housing primarily designed to serve deinstitutionalized homeless individuals and other homeless individuals with mental or physical disabilities and homeless families with children. (Ord. 3202 § 10, 2012).

19.09.660 Triplex.

“Triplex” means a building containing three dwelling units, designed for occupancy by not more than three families living independently from each other. (Ord. 3122 § 8, 2010).

19.09.665 Trailer, camp or park.

“Trailer camp” or “trailer park” means any plot, tract, site or premises of ground where accommodation is provided for two or more families to establish temporary or semi-permanent residences in trailer houses or other portable habitations, whether or not the wheels have been removed from such portable habitation. (Ord. 3122 § 8, 2010).

19.09.670 Vacant land.

“Vacant land” means any parcel of land not occupied by one or more buildings. (Ord. 3122 § 8, 2010).

19.09.675 Variance.

“Variance” means the procedure whereby the strict application of the provisions of this title relating to height, area, yard requirements and the like may be modified in a particular instance. Variance does not apply to a use modification. (Ord. 3122 § 8, 2010).

19.09.680 Vision clearance area.

“Vision clearance area” means those areas near intersections of roadways and motor vehicle access points where a clear field of vision is necessary for traffic safety and to maintain adequate sight distance. (Ord. 3122 § 8, 2010).

19.09.685 WAC.

“WAC” means Washington Administrative Code. (Ord. 3122 § 8, 2010).

19.09.687 Wholesale trade.

“Wholesale trade” means establishments or places of business primarily engaged in selling merchandise to other businesses, including retailers, industrial, commercial, institutional, or professional business users, other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. (Ord. 3175 § 6, 2011).

19.09.690 Yard, front.

“Front yard” means a space extending the full width of the lot between the principal building and the front lot line and measured perpendicular to the building at the closest point to the front lot line. See Figure 19.09.900-5. (Ord. 3122 § 8, 2010).

19.09.695 Yard, rear.

“Rear yard” means a space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building at the closest point to the rear lot line. See Figure 19.09.900-5. (Ord. 3122 § 8, 2010).

19.09.700 Yard, required.

“Required yard” means the minimum open space between a lot line and the yard line within which no building is permitted to be located except as provided in this title. (Ord. 3122 § 8, 2010).

19.09.705 Yard, side.

“Side yard” means a space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building. See Figure 19.09.900-5. (Ord. 3122 § 8, 2010).

19.09.900 Figures.

Figure 19.09.900-1 Boundary Line Adjustment

Figure 19.09.900-2 Building Height

Figure 19.09.900-3 Different Types of Lots

Figure 19.09.900-4 Corner Lot

Figure 19.09.900-5 Typical Lot Lines and Yards

Figure 19.09.900-6 Lot Lines on Irregular Lots

Figure 19.09.900-7 Street-Facing Facades

(Ord. 3122 § 8, 2010).