Chapter 17.10
DEFINITIONS
Sections:
17.10.010 Interpretation of general terms.
17.10.025 Accessory use or building.
17.10.040 Administrator/zoning administrator.
17.10.042 Adult entertainment facility.
17.10.050 Agricultural building, private.
17.10.052 Agricultural building, commercial.
17.10.080 Assisted living facility.
17.10.082 Auto towing, secured.
17.10.085 Automobile-oriented use.
17.10.090 Automobile wrecking yard.
17.10.145 Caretaker’s residence.
17.10.162 Concurrency, concurrent.
17.10.170 Congregate care home.
17.10.175 Convalescent center (nursing home).
17.14.230 Dwelling, single-family.
17.10.235 Dwelling, two-family or duplex.
17.10.240 Dwelling, multifamily.
17.10.255 Essential public facilities.
17.10.310 Hazardous waste storage.
17.10.315 Hazardous waste treatment.
17.10.320 Hazardous waste treatment/storage facility, off-site.
17.10.325 Hazardous waste treatment/storage facility, on-site.
17.10.330 Height measurements.
17.10.345 Housing for people with functional disabilities.
17.10.405 Lot/lot of record/zoning lot.
17.10.478 Manufactured home, designated.
17.10.480 Manufactured home park.
17.10.485 Modular home (factory-built home).
17.10.495 Micro-brewery/winery.
17.10.503 Multifamily dwelling unit.
17.10.505 Multiple-use building.
17.10.507 Municipal buildings.
17.10.510 Nonconforming building or structure.
17.10.525 Nursery (greenhouse).
17.10.550 Parking, off-street.
17.10.555 Parking space/stall.
17.10.560 People with functional disabilities.
17.10.570 Places of habitation.
17.10.575 Planning commission.
17.10.595 Professional office.
17.10.605 Public service facilities.
17.10.610 Recreational facilities.
17.10.615 Recreational vehicle.
17.10.620 Recreational vehicle park.
17.10.625 Recreational vehicle site.
17.10.635 Recycling drop station.
17.10.640 Residential care facility.
17.10.670 Small engine repair.
17.10.680 State siting criteria.
17.10.685 Storage facilities, bulk.
17.10.710 Street, local access.
17.10.715 Structural alteration.
17.10.725 Sub-standard street.
17.10.730 Supported living arrangement.
17.10.010 Interpretation of general terms.
For the purposes of this chapter, certain terms or words used herein shall be interpreted as follows:
A. Whenever the term “this title” is used, it shall refer to the Mattawa zoning ordinance, including all amendments.
B. The words “used” or “occupied” shall be considered as though followed by the words “or intended, arranged, or designed to be used or occupied.”
C. The word “person” includes but is not limited to a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
D. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
E. The word “shall” is mandatory, the word “may” is permissive.
F. The word “lot” includes the words “plot” and “parcel.”
(Ord. 453 § 1(part), 2007).
17.10.020 Accessory building.
“Accessory building” means a structure of a nature customarily incidental and subordinate to the primary or principal structure and located on the same lot or an adjoining lot.
(Ord. 453 § 1(part), 2007).
17.10.025 Accessory use or building.
“Accessory use or building” means a use, structure, building or portion of a building customarily incidental and subordinate to the primary or principal use and occurring as a part of the same development or in the same building as the primary or principal use, and located on the same lot or an adjoining lot.
(Ord. 453 § 1(part), 2007).
17.10.030 Accessory dwelling.
“Accessory dwelling” means a separate living unit (apartment) integrated within a single-family dwelling, or one located as a detached accessory dwelling located on the same lot as a single-family dwelling.
(Ord. 453 § 1(part), 2007).
17.10.035 Adjoining.
“Adjoining” means two objects so joined or united to each other that no third object intervenes; structurally attached.
(Ord. 453 § 1(part), 2007).
17.10.040 Administrator/zoning administrator.
“Administrator” or “zoning administrator” means the mayor of the town of Mattawa or his/her designee.
(Ord. 453 § 1(part), 2007).
17.10.042 Adult entertainment facility.
“Adult entertainment facility” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult motion picture theater, and exotic dance studio, more specifically defined as follows:
A. “Adult arcade” means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, computer-generated or enhanced pornography, panoram, peep show, or similar machines, or other image-producing machines, for personal viewing, are used to show films, motion pictures, video cassettes, slides, or their photographic reproductions which provides materials for individual viewing by patrons on the premises of the business which are characterized by the depiction or description of “nudity” or “specified sexual activities.”
B. “Adult bookstore,” “adult novelty store,” or “adult video store” means a commercial establishment which has as a significant or substantial portion of its stock-in-trade or gross revenues, substantial meaning twenty percent or more, for any form of consideration, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other photographic reproductions or visual representations which are characterized by the depiction or description of “nudity” or “specified sexual activities.” It shall be a rebuttable presumption that twenty percent of a business’ stock-in-trade or gross revenues is considered substantial.
An establishment may have other principal business purposes that do not involve offering for sale or rental of materials depicting or describing “nudity” or “specified sexual activities,” and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe “nudity” or “specified sexual activities.”
C. “Adult motion picture theater” means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by the depiction or description of “nudity” or “specified sexual activities” and which are “not rated” or “rated X” and are regularly shown for any form of consideration. For the purpose of this definition, “regularly” means at least one showing per thirty-day period.
D. “Exotic dance studio,” also known as “topless bar” and “adult cabaret,” means a nightclub, bar, restaurant, or similar commercial establishment to which any member of the public is invited or admitted and where an entertainer provides live adult entertainment performances to any member of the public.
(Ord. 453 § 1(part), 2007).
17.10.045 Adult family home.
“Adult family home” means the regular family abode of a person or persons who are providing personal care, room and board to more than one but not more than four people with functional disabilities who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six persons may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for by law (RCW 70.128.110).
(Ord. 453 § 1(part), 2007).
17.10.050 Agricultural building, private.
“Private agricultural building” means a structure accessory to an agricultural activity whose primary function is to directly support on-site agriculture.
(Ord. 453 § 1(part), 2007).
17.10.052 Agricultural building, commercial.
“Commercial agricultural building” means a structure supportive to the agricultural industry by providing refrigeration, packing and/or storage facilities, whether for private, cooperative or commercial use by agriculturists, including packing sheds, controlled atmosphere storage buildings, etc.
(Ord. 453 § 1(part), 2007).
17.10.055 Agriculture.
“Agriculture” means the art and science of cultivating the soil and producing crops, and in varying degrees the preparation of these products for man’s use and their disposal (as by marketing) to generate income for the land owner.
(Ord. 453 § 1(part), 2007).
17.10.060 Alley.
“Alley” means a public or private way or easement permanently reserved as a secondary means of access to abutting property, generally running down the middle of a block of lots not intended for general circulation.
(Ord. 453 § 1(part), 2007).
17.10.065 Animal shelter.
“Animal shelter” means a building or structure (including outdoor fenced cages or yards) for the care of lost, abandoned, homeless or injured animals, whether domestic or wild.
(Ord. 453 § 1(part), 2007).
17.10.070 Applicant.
“Applicant” means any person, entity or government agency that applies for a development proposal, permit or approval subject to review under town codes and ordinances.
(Ord. 453 § 1(part), 2007).
17.10.075 Application.
“Application” means a request for any permit or approval required from the town for proposed development or action, including without limitation, building permits, conditional uses, binding site plans, short subdivisions, major subdivisions, variances, site plan development permits, site plan reviews and site-specific zoning district reclassifications.
(Ord. 453 § 1(part), 2007).
17.10.080 Assisted living facility.
“Assisted living facility” means a boarding home as defined in RCW 17.20.020 and licensed by the state where residents are housed in private apartment-like units and where assisted living services, including personal care and limited nursing services, are provided for residents by employees of the facility or on contract.
(Ord. 453 § 1(part), 2007).
17.10.082 Auto towing, secured.
“Secured auto towing” means a temporary storage area associated with a licensed towing company for impounded vehicles that complies with all applicable federal, state and local regulations.
(Ord. 453 § 1(part), 2007).
17.10.085 Automobile-oriented use.
“Automobile-oriented use” means any use of land which provides a service directly to a motor vehicle; or which provides goods or services to the occupants of a motor vehicle while seated therein; or which is a freestanding eating establishment characterized by over-the-counter service of pre-prepared or quickly prepared food which is ready to eat and packaged primarily for consumption in vehicles or off-premises. For the purpose of this chapter, automobile-oriented uses shall include, but not be limited to, such uses as service stations, car washes, drive-in banks, drive-in laundries or dry cleaners, and free-standing drive-in or carry-out eating establishments. Automobile-oriented uses shall not be interpreted to include vehicle sale, rental and service establishments.
(Ord. 453 § 1(part), 2007).
17.10.090 Automobile wrecking yard.
“Automobile wrecking yard” means an area in which is conducted the dismantling and/or wrecking of used motor vehicles, machinery or trailers, or the storage or sale of dismantled, obsolete or wrecked vehicles or parts, or the storage of motor vehicles unable to be moved under the power of the vehicle.
(Ord. 453 § 1(part), 2007).
17.10.095 Basement.
“Basement” means a building story positioned so that the finished floor level is below the grade of the lot for the majority of the horizontal distance on at least three sides of a building and is four feet or more between the finished floor level and the adjacent ground level along the majority of the horizontal distance of at least one side of the building.
(Ord. 453 § 1(part), 2007).
17.10.100 Bed and breakfast.
“Bed and breakfast” means an owner-occupied single-family dwelling in which not more than three bedrooms for not more than six guests total are rented for money or other consideration to the traveling public, with provisions for food service for guests only.
(Ord. 453 § 1(part), 2007).
17.10.105 Boarding house.
“Boarding house” means a building where lodging and meals are provided for five or fewer guest rooms for compensation.
(Ord. 453 § 1(part), 2007).
17.10.110 Building.
“Building” means a freestanding structure including all its attachments.
(Ord. 453 § 1(part), 2007).
17.10.115 Buildable area.
“Buildable area” means that portion of a lot remaining after the minimum open space requirements, such as lot coverage, required yards and setbacks, have been provided.
(Ord. 453 § 1(part), 2007).
17.10.120 Building coverage.
“Building coverage” means the amount of land covered, occupied or permitted to be covered/occupied by a building or buildings, usually expressed in square feet or percentage of land on the lot, and measured horizontally at the foundation.
(Ord. 453 § 1(part), 2007).
17.10.125 Building height.
“Building height” means the vertical distance measured from the average elevation of the actual or proposed finished grade adjacent to the building to the highest point of a flat roof or the mean height between the eaves and ridge of a pitched roof.
(Ord. 453 § 1(part), 2007).
17.10.130 Building line.
“Building line” means a line parallel to the property line located at the point of a building lying nearest to the property line. Also, a line parallel to the property line located at the place nearest to property line where a building may lawfully be constructed.
(Ord. 453 § 1(part), 2007).
17.10.135 Bus stop.
“Bus stop” means a facility where bus passengers are picked up and dropped off, including waiting areas, but not including service or storage facilities for buses.
(Ord. 453 § 1(part), 2007).
17.10.140 Bus terminal.
“Bus terminal” means a facility used for the storage and service of buses.
(Ord. 453 § 1(part), 2007).
17.10.145 Caretaker’s residence.
“Caretaker’s residence” means a residential dwelling unit accessory to an agricultural, commercial or industrial use for occupancy by the owner, caretaker or watchman.
(Ord. 453 § 1(part), 2007).
17.10.155 Town.
“Town” means the town of Mattawa, Washington, a municipal corporation.
(Ord. 453 § 1(part), 2007).
17.10.160 Comprehensive plan.
“Comprehensive plan” means the policies and proposals approved by the council as portrayed by the text and map of the adopted comprehensive plan on file at the town clerk’s office.
(Ord. 453 § 1(part), 2007).
17.10.162 Concurrency, concurrent.
“Concurrency” or “concurrent” means that improvements are in place at the time of development, or that a financial commitment is in place to complete the improvements within six years.
(Ord. 453 § 1(part), 2007).
17.10.165 Conditional use.
“Conditional use” means certain uses which, because of special requirements, unusual character, size or shape, infrequent occurrence or possible detrimental effects on surrounding property and for other similar reasons, may be allowed in certain use districts only by the granting of a conditional use permit as described in this chapter.
(Ord. 453 § 1(part), 2007).
17.10.170 Congregate care home.
“Congregate care home” means any home or other institution, licensed by the state, which is advertised, announced or maintained for the express or implied purpose of providing lodging, meal service or personal care for three or more elderly and/or people with functional disabilities, not related by blood or marriage to the operator, whether or not they receive public assistance. Such facilities include congregate care facilities operated under contract with the state.
(Ord. 453 § 1(part), 2007).
17.10.175 Convalescent center (nursing home).
“Convalescent center (nursing home)” means a facility other than a home used to house and provide nursing, dietary and other personal services for the elderly and people with functional disabilities.
(Ord. 453 § 1(part), 2007).
17.10.180 Council.
“Council” means the town council of the town of Mattawa, Washington.
(Ord. 453 § 1(part), 2007).
17.10.185 Day care center.
“Day care center” means a state-licensed facility that regularly provides care for thirteen or more of children during part of the twenty-four-hour day as defined in RCW 35.63.170 as it now exists or as may be hereafter amended, and conducted in a place of business other than a residence. For the purposes of this code, a day care center may include pre-school activity.
(Ord. 453 § 1(part), 2007).
17.10.190 Day care home.
“Day care home” means the residence of a state-licensed day care provider who regularly provides day care for not more than twelve children in the family living quarters. For the purposes of this code, a day care home may include pre-school activity.
(Ord. 453 § 1(part), 2007).
17.10.200 Density.
“Density” means the average number of dwelling units per gross acre.
(Ord. 453 § 1(part), 2007).
17.10.210 Developer.
“Developer” means any person, corporation, government agency, partnership or other entity that makes application for a proposal, permit, approval or action governed by the codes and ordinances of the town.
(Ord. 453 § 1(part), 2007).
17.10.215 Development.
“Development” means any man-made use or change to improved or unimproved real estate, including without limitation; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any buildings or any other structures; mining, filling, stockpiling; excavation and grading; and divisions of land.
(Ord. 453 § 1(part), 2007).
17.10.220 Drive-in use.
“Drive-in use” means an establishment which by design, physical facilities, service or packaging procedures encourages or permits customers to receive services, obtain goods or be entertained while remaining in a motor vehicle, that provides for the ordering and pickup of food from the window of a vehicle.
(Ord. 453 § 1(part), 2007).
17.10.225 Dwelling.
“Dwelling” means a building or portion thereof designed exclusively for residential purposes, including one-family, two-family, multiple-family or apartment dwellings and manufactured homes, as defined herein.
(Ord. 453 § 1(part), 2007).
17.14.230 Dwelling, single-family.
“Single-family dwelling” means a detached residential living unit containing sufficient facilities to function as an independent self-contained housekeeping unit.
(Ord. 453 § 1(part), 2007).
17.10.235 Dwelling, two-family or duplex.
“Two-family dwelling” or “duplex” means a single structure containing two dwelling units designed for occupancy by two families and connected by a common vertical wall or, in the case of multistory building, by common ceiling and floor.
(Ord. 453 § 1(part), 2007).
17.10.240 Dwelling, multifamily.
“Multifamily dwelling” means a residential structure containing three or more fully self-contained housekeeping units.
(Ord. 453 § 1(part), 2007).
17.10.245 Dwelling unit.
“Dwelling unit” means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, cooking and sanitation.
(Ord. 453 § 1(part), 2007).
17.10.250 Engineer.
“Engineer” means an individual licensed as a civil engineer pursuant to Chapter 17.48 RCW as now exists or may be hereafter amended.
(Ord. 453 § 1(part), 2007).
17.10.255 Essential public facilities.
“Essential public facilities” means those facilities typically difficult to site such as, airports, state education facilities, state or regional transportation facilities, correctional facilities, solid waste handling facilities, substance abuse facilities, etc.
(Ord. 453 § 1(part), 2007).
17.10.260 Family.
“Family” means an individual or two or more persons living together as a single housekeeping unit.
(Ord. 453 § 1(part), 2007).
17.10.265 Farmers’ market.
“Farmers’ market” means a site used for the retail sale of fresh agricultural products, grown either on- or off-site, but may include as incidental and accessory to the principal use, the sale of factory sealed or prepackaged food products, arts, crafts, plants, flowers and other non-food items. This definition does not include the sale of animals or used products similar to a flea market.
(Ord. 453 § 1(part), 2007).
17.10.270 Fence.
“Fence” means any arrangement of wood, metal, wire or other material running around, along, or by the side of any open area to prevent or restrict passage or to mark a boundary providing a physical or visual barrier between properties or other features. The term includes, but is not limited to, built-up structures and the use of dense landscape plantings such as a hedge.
(Ord. 453 § 1(part), 2007).
17.10.275 Grade.
“Grade” means the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building (per Uniform Building Code).
(Ord. 453 § 1(part), 2007).
17.10.280 Grade, average.
“Average grade” means the average of the natural or existing topography at the center of all exterior walls of a building or structure to be placed on a site.
(Ord. 453 § 1(part), 2007).
17.10.285 Grade, natural.
“Natural grade” means the elevation of the ground surface in its natural state, before human-made alterations.
(Ord. 453 § 1(part), 2007).
17.10.290 Gross floor area.
“Gross floor area” means the total area of all floors of a building as measured to the outside surfaces of exterior walls and including halls, stairways, elevator shafts and basements. Minimum floor area calculations shall not include attached or detached garages, porches, decks or balconies.
(Ord. 453 § 1(part), 2007).
17.10.295 Group home.
“Group home” means a place for dependent or pre-delinquent children, which provides special care in a homelike environment. This definition does not include homes of this nature for three or fewer persons (excluding house parents).
(Ord. 453 § 1(part), 2007).
17.10.300 Halfway house.
“Halfway house” means a home for juvenile delinquents or adult offenders leaving correctional and/or mental institutions or rehabilitation centers for alcohol and/or drug users.
(Ord. 453 § 1(part), 2007).
17.10.305 Hazardous waste.
“Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70.105.010.
(Ord. 453 § 1(part), 2007).
17.10.310 Hazardous waste storage.
“Hazardous waste storage” means the holding of dangerous waste for a temporary period as regulated by state dangerous waste regulation, WAC Chapter 173-303.
(Ord. 453 § 1(part), 2007).
17.10.315 Hazardous waste treatment.
“Hazardous waste treatment” means the physical, chemical or biological processing of dangerous wastes to make them less dangerous, safer for transport, amenable for storage, or reduced in volume.
(Ord. 453 § 1(part), 2007).
17.10.320 Hazardous waste treatment/storage facility, off-site.
“Off-site hazardous waste treatment or storage facility” means those treatment and storage facilities which treat and store waste from generators on properties other than those on which the off-site facilities are located. These facilities must comply with the state siting criteria as adopted in accordance with RCW 20.105.210.
(Ord. 453 § 1(part), 2007).
17.10.325 Hazardous waste treatment/storage facility, on-site.
“On-site hazardous waste treatment or storage facility” means those treatment and storage facilities that treat and store wastes generated on the same geographically contiguous or bordering property. These facilities must comply with the state siting criteria adopted in accordance with RCW 20.105.210.
(Ord. 453 § 1(part), 2007).
17.10.330 Height measurements.
Height shall be measured from the adjacent grade of the ground to the highest point of the item being measured. In instances where the ground is not level, an average grade may be calculated and used.
(Ord. 453 § 1(part), 2007).
17.10.335 Home occupation.
“Home occupation” means a lawful and licensed business or occupation carried on entirely within a primary residential building as a clearly secondary use involving the occupants thereof. A home occupation may include art studio, dressmaking or instruction limited to a single pupil at a time. It shall not include barbershops, beauty shops, yard sales, commercial kennels, or professional offices of dentists, doctors, lawyers, engineers or architects. Transacting wholesale and retail establishments are not home occupations for the purposes of this chapter.
(Ord. No. 645, § 1, 12-17-20; Ord. 453 § 1(part), 2007).
17.10.340 Hotel.
“Hotel” means any building containing six or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite.
(Ord. 453 § 1(part), 2007).
17.10.345 Housing for people with functional disabilities.
“Housing for people with functional disabilities” means housing used, or intended for use, by persons with functional disabilities. The term includes, but is not limited to, adult family homes, residential care facilities and housing for any supported living arrangement, as herein defined.
(Ord. 453 § 1(part), 2007).
17.10.350 Housekeeping unit.
“Housekeeping unit” means a living space containing sufficient support facilities to allow a single household to function in a fully self-contained fashion.
(Ord. 453 § 1(part), 2007).
17.10.355 Industrial park.
“Industrial park” means a large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics and compatibility.
(Ord. 453 § 1(part), 2007).
17.10.360 Impervious surface.
“Impervious surface” means any material or structure that prevents the natural absorption of water into the earth.
(Ord. 453 § 1(part), 2007).
17.10.370 Junk.
“Junk” means any storage or accumulation of inoperable motor vehicles or equipment, vehicle or equipment parts, used lumber and building materials, pipe, white goods, appliances, demolition waste, any used material, or any solid waste.
(Ord. 453 § 1(part), 2007).
17.10.375 Junk yard.
“Junk yard” means a place where junk, waste, or salvaged materials such as, but not limited to, scrap metal, bones, rags, old machinery; or used rubber, rope, bottles, glass, tools, appliances, fixtures, utensils, lumber, boxes, pipe, tires, or other manufactured goods are bought, sold, abandoned, exchanged, stored, baled, packed or handled.
(Ord. 453 § 1(part), 2007).
17.10.380 Kennel, commercial.
“Commercial kennel” means any premises or building (including a residence) in which dogs or other domestic animals are housed, kept, groomed, bred, boarded, trained and/or sold, all for compensation at a profit (a commercial enterprise).
(Ord. 453 § 1(part), 2007).
17.10.385 Kennel, hobby.
“Hobby kennel” means a noncommercial kennel, associated with a residence, in which one breeding pair of dogs or other domestic animals (and their young) are housed, kept, groomed, bred, sold or trained by their owner.
(Ord. 453 § 1(part), 2007).
17.10.390 Livestock.
“Livestock” means animals kept for use, propagation, or sale. Dogs, fish, house cats, and house pets, other than those with cloven hooves, are not considered livestock for the purpose of this chapter.
(Ord. 453 § 1(part), 2007).
17.10.395 Livable space.
“Livable space” means that part of a dwelling unit that meets all building code requirements for sleeping quarters.
(Ord. 453 § 1(part), 2007).
17.10.400 Lodging house.
“Lodging house” means a building where lodging is provided for compensation, or not, for not more than five guest rooms.
(Ord. 453 § 1(part), 2007).
17.10.405 Lot/lot of record/zoning lot.
“Lot” or “lot of record” or “zoning lot” means a platted or unplatted parcel of land unoccupied, occupied or intended to be occupied by a principal use or building and accessory buildings, together with all yards, open spaces and setbacks required by this code.
(Ord. 453 § 1(part), 2007).
17.10.410 Lot area (size).
“Lot area (size)” means a calculation expressed in square feet which describes the size of a zoning lot. It is the total land space or area contained within the boundary lines of any lot, tract or parcel of land, including easements and private reservations of record, exclusive of public rights-of-way, and may be expressed in square feet or acres.
(Ord. 453 § 1(part), 2007).
17.10.415 Lot, corner.
“Corner lot” means a lot that abuts two or more intersecting streets.
(Ord. 453 § 1(part), 2007).
17.10.420 Lot coverage.
“Lot coverage” means the amount of land covered or permitted to be covered by buildings or other improvements that create impervious surfaces, and by driveways and parking areas, usually measured in terms of percentage of total lot area.
(Ord. 453 § 1(part), 2007).
17.10.425 Lot, depth.
“Depth lot” means the distance between the midpoints of straight lines connecting the two front property corners and the two rear property corners. In the case of a curvilinear or radial property line, the depth shall be measured from the midpoint of the radius or curve.
(Ord. 453 § 1(part), 2007).
17.10.430 Lot, interior.
“Interior lot” means a lot that has frontage on one street only.
(Ord. 453 § 1(part), 2007).
17.10.435 Lot frontage.
“Lot frontage” means the lineal distance that a lot abuts upon or adjoins a public street or streets. The frontage of corner lots or through lots shall be the sum of all distances where the lot and adjacent streets meet.
(Ord. 453 § 1(part), 2007).
17.10.440 Lot line.
“Lot line” means the property line bounding a lot.
(Ord. 453 § 1(part), 2007).
17.10.445 Lot line, front.
“Front lot line” means that boundary of a lot that is located along an existing or dedicated public street.
(Ord. 453 § 1(part), 2007).
17.10.450 Lot line, rear.
“Rear lot line” means a property line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or other shaped lot, a line ten feet in length that is either parallel to the front lot line, or intersects the two other lot lines at points most distant from the front lot line.
(Ord. 453 § 1(part), 2007).
17.10.455 Lot line, side.
“Side lot line” means any property line not a front or rear lot line.
(Ord. 453 § 1(part), 2007).
17.10.460 Lot, through.
“Through lot” means a lot that fronts on two parallel or nearly parallel streets.
(Ord. 453 § 1(part), 2007).
17.10.465 Lot width.
“Lot width” means the dimension of the front lot line as it adjoins the street; the dimension across the rear of the required front yard setback on an irregularly shaped lot; the narrowest dimension of the lot at the street or building line for a corner lot.
(Ord. 453 § 1(part), 2007).
17.10.475 Manufactured home.
“Manufactured home” means a factory-built and inspected residential structure originally designed to be portable on a permanent chassis and which is twelve or more feet in width.
(Ord. 453 § 1(part), 2007).
17.10.478 Manufactured home, designated.
“Designated manufactured home” means a manufactured home constructed after June 15, 1976, in accordance with state and federal requirements, which: (1) is comprised of at least two fully enclosed parallel sections of not less than twelve feet wide by thirty-six feet long; and (2) was originally constructed with and now has a composition of wood shake or shingle, coated metal, or similar roof of not less than three-to-twelve pitch; and has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences.
(Ord. 453 § 1(part), 2007).
17.10.480 Manufactured home park.
“Manufactured home park” means an area of land occupied or designed to be occupied by two or more manufactured homes on a lease basis and operated as a single development.
(Ord. 453 § 1(part), 2007).
17.10.483 Mobile food vendor.
“Mobile food vendor” means a person or traveler who sells, or offers for sale, by sample or description or otherwise directly to the consumer, any food or beverages, or other merchandise, from a vehicle, mobile unit or truck.
(Ord. 453 § 1(part), 2007).
17.10.485 Modular home (factory-built home).
“Modular home (factory-built home)” means a residential structure which is constructed in a factory, transported to the building site in modules and assembled on-site on a permanent foundation.
(Ord. 453 § 1(part), 2007).
17.10.490 Motel.
“Motel” means a motel designed to accommodate the automobile tourist and provide parking conveniently located near each guest room. Facilities may include kitchenettes in the room for temporary cooking use.
(Ord. 453 § 1(part), 2007).
17.10.495 Micro-brewery/winery.
“Micro-brewery or winery” means a plant where beer and/or wine are annually produced on a scale of two hundred fifty thousand gallons or less.
(Ord. 453 § 1(part), 2007).
17.10.500 Mini-storage.
“Mini-storage” means a building(s) or site used for temporary indoor or outdoor storage on a commercial basis (excluding the storage of hazardous materials and waste).
(Ord. 453 § 1(part), 2007).
17.10.503 Multifamily dwelling unit.
“Multifamily dwelling unit(s)” means a room or group of rooms, constituting a building, which is designed for residential occupancy of multiple families, each group of rooms (herein called units) having an entrance to a main hallway directly to the exterior.
(Ord. 453 § 1(part), 2007).
17.10.505 Multiple-use building.
“Multiple-use building” means a building containing uses for more than one land use classification.
(Ord. 453 § 1(part), 2007).
17.10.507 Municipal buildings.
“Municipal buildings” means a structure used to house the general operations of a municipal government, including town halls, county courthouses, etc.
(Ord. 453 § 1(part), 2007).
17.10.510 Nonconforming building or structure.
“Nonconforming building or structure” means a building or other structure which in some manner other than its use does not meet all of the standards required by this title for a new structure in the same zoning district, but which was lawfully created and conformed to the prevailing requirements at the time of its original construction.
(Ord. 453 § 1(part), 2007).
17.10.515 Nonconforming lot.
“Nonconforming lot” means a lot which does not meet one or more of the dimensional (depth, width, or area) requirements for lots in the zoning district in which it is located, but which lot was lawfully created and conformed to the prevailing standards when originally segregated.
(Ord. 453 § 1(part), 2007).
17.10.520 Nonconforming use.
“Nonconforming use” means an activity which does not conform to the use regulations of the zoning district in which it is located, but which was lawfully established and conformed to the regulations that prevailed at the time of its beginning.
(Ord. 453 § 1(part), 2007).
17.10.525 Nursery (greenhouse).
“Nursery (greenhouse)” means a facility, structure or use of land for the commercial production of bedding plants, street stock or associated horticultural products.
(Ord. 453 § 1(part), 2007).
17.10.530 Open space.
“Open space” means that portion of a lot or parcel not developed or built upon or occupied by buildings, parking areas, driveways and the like; generally the front, rear and side yards of a lot.
(Ord. 453 § 1(part), 2007).
17.10.535 Open space, common.
“Common open space” means that portion of a lot or parcel not developed, built upon or occupied by buildings, parking areas, driveways and the like; other than minimal appurtenances such as walkways designed and intended to make such open space usable and accessible, and the use of which is intended for and accessible to all of the persons residing in the development of which the open space is a part.
(Ord. 453 § 1(part), 2007).
17.10.540 Open space, usable.
“Usable open space” means undeveloped or unbuilt portions of land designed and maintained in a manner which makes such open space accessible and usable by and for the persons for whom the space is intended.
(Ord. 453 § 1(part), 2007).
17.10.545 Parking area.
“Parking area” means an open area, other than a street or alley, which contains one or more parking spaces and the aisles which provide access to such spaces.
(Ord. 453 § 1(part), 2007).
17.10.550 Parking, off-street.
“Off-street parking” means an area devoted to the parking of vehicles and located within the boundaries of a lot.
(Ord. 453 § 1(part), 2007).
17.10.555 Parking space/stall.
“Parking space or stall” means an area set aside, permanently reserved and maintained for the parking of one motor vehicle outside of a public street right-of-way and outside of required front yard setbacks, unless otherwise provided for in this title.
(Ord. 453 § 1(part), 2007).
17.10.560 People with functional disabilities.
“People with functional disabilities” means the following:
A. A person who, because of a recognized chronic physical or mental condition or disease, is functionally disabled to the extent of:
1. Needing care, supervision or monitoring to perform activities of daily living or instrumental activities of daily living, or
2. Needing supports to ameliorate or compensate for the effects of the functional disability so as to lead as independent a life as possible, or
3. Having a physical or mental impairment which substantially limits one or more of such person’s major life activities, or
4. Having a record of having such an impairment; and
B. A person being regarded as having such an impairment, but such term does not include current, illegal use of or active addiction to a controlled substance.
(Ord. 453 § 1(part), 2007).
17.10.565 Permitted use.
“Permitted use” means a main or primary use of land as prescribed under “permitted uses” in each of the various zoning districts as the same are described in this chapter and are allowed as a matter of right.
(Ord. 453 § 1(part), 2007).
17.10.570 Places of habitation.
“Places of habitation” means structures used for residential occupancy; a domicile; a living area.
(Ord. 453 § 1(part), 2007).
17.10.575 Planning commission.
“Planning commission” means the town of Mattawa planning commission.
(Ord. 453 § 1(part), 2007).
17.10.580 Preschool.
“Preschool” means a place where pre-kindergarten children are taught that meets all state and town requirements to conduct such activity.
(Ord. 453 § 1(part), 2007).
17.10.585 Primary structure.
“Primary structure” means a building that is occupied or is intended to be occupied by a primary use.
(Ord. 453 § 1(part), 2007).
17.10.590 Primary use.
“Primary use” means the main or dominant activity occurring on a lot. Primary uses include permitted, conditional uses, or nonconforming uses.
(Ord. 453 § 1(part), 2007).
17.10.595 Professional office.
“Professional office” means an office occupied by doctors, dentists, accountants, attorneys, optometrists, architects, professional engineers and surveyors, and persons engaged in other similar occupations.
(Ord. 453 § 1(part), 2007).
17.10.600 Property line.
“Property line” means a line bounding and indicating the ownership, or intended ownership, of a parcel of land.
(Ord. 453 § 1(part), 2007).
17.10.605 Public service facilities.
“Public service facilities” means equipment installations for utility and service purveyors including, but not limited to, telephone exchanges, cellular repeaters, electrical substations, water reservoirs, pump stations, and similar facilities of service providers.
(Ord. 453 § 1(part), 2007).
17.10.610 Recreational facilities.
“Recreational facilities” means a structure or use designed to provide indoor or outdoor recreation opportunities for the public.
(Ord. 453 § 1(part), 2007).
17.10.615 Recreational vehicle.
“Recreational vehicle” means a portable structure such as a motor home, travel trailer, equivalent facilities in or on an automotive vehicle, tent, or other short-term recreational shelter designed as temporary living quarters for travel, recreation and vacation uses.
(Ord. 453 § 1(part), 2007).
17.10.620 Recreational vehicle park.
“Recreational vehicle park” means a parcel or tract of land under single ownership or control having designated areas for rent to one or more persons for temporary parking or placement of a recreational vehicle, as opposed to permanent year-round occupancy.
(Ord. 453 § 1(part), 2007).
17.10.625 Recreational vehicle site.
“Recreational vehicle site” means a plot of ground within a recreational vehicle park available for accommodation of a recreational vehicle.
(Ord. 453 § 1(part), 2007).
17.10.630 Recycling center.
“Recycling center” means a facility where discarded recyclable products such as aluminum and tin cans, glass, paper, and other similar individual consumer products are deposited and stored for future reprocessing (excluding drop stations).
(Ord. 453 § 1(part), 2007).
17.10.635 Recycling drop station.
“Recycling drop station” means a facility or area for consumer deposit of small recyclable household items (glass, paper, aluminum, etc.) in enclosed containers which are collected and emptied on a regular basis without processing, crushing or other handling, and which does not create a nuisance due to odor, noise, appearance, rodent or bug attraction.
(Ord. 453 § 1(part), 2007).
17.10.640 Residential care facility.
“Residential care facility” means a facility, licensed by the state, that cares for at least five but not more than fifteen people with functional disabilities, that has not been licensed as an adult family home pursuant to RCW 70.128.010.
(Ord. 453 § 1(part), 2007).
17.10.645 Right-of-way.
“Right-of-way” means the platted, dedicated, or reserved portion of a development for purposes of a street or alley for vehicular and/or pedestrian access.
(Ord. 453 § 1(part), 2007).
17.10.650 Rooming house.
“Rooming house” means a building where rooms are provided for compensation or not that are independent living quarters sharing no more than bathroom and laundry facilities.
(Ord. 453 § 1(part), 2007).
17.10.655 Setback distance.
“Setback distance” means a line parallel to the property line and located at the minimum setback distance from said property line as prescribed by this chapter.
(Ord. 453 § 1(part), 2007).
17.10.660 Sign.
“Sign” means an identification, description, illustration or device which is affixed to or represented, directly or indirectly, upon a structure or land, and which directs attention to a product, place, activity, person, institution, business, or profession.
(Ord. 453 § 1(part), 2007).
17.10.665 Small appliance.
“Small appliance” means indoor household appliances weighing fifty pounds or less that can be hand carried by one person.
(Ord. 453 § 1(part), 2007).
17.10.670 Small engine repair.
“Small engine repair” means and includes the repair of lawn mowers, chain saw and similar-size equipment.
(Ord. 453 § 1(part), 2007).
17.10.675 Special exceptions.
A. “Conditional use” means a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location, circumstances, or relation to the neighborhood, would promote the public health, safety, welfare, necessity, morals, comfort, order, convenience, appearance, or prosperity, such uses may be permitted in such zoning district as conditional uses if specific provision for such use is made in this chapter.
B. “Variance” means a relaxation of the terms of the zoning ordinance where such will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal application of the ordinance would result in undue hardship. Variances are authorized only for height, area, size of structures, yards, open space, and lots. The establishment or expansion of a use otherwise not allowed shall not be authorized by variance, nor shall a variance be granted because of nonconformities in the neighborhood or zoning district involved.
(Ord. 453 § 1(part), 2007).
17.10.680 State siting criteria.
“State siting criteria” means the standards and requirements adopted by the Washington State Department of Ecology relating to hazardous waste facilities pursuant to RCW 70.105.225(1).
(Ord. 453 § 1(part), 2007).
17.10.685 Storage facilities, bulk.
“Bulk storage facilities” means either enclosed or outdoor areas designed for the storage of either large quantities of materials or materials of a large size.
(Ord. 453 § 1(part), 2007).
17.10.690 Story.
“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above it. Any portion of a story exceeding fourteen feet in height shall be considered as an additional story for each fourteen feet or fraction thereof.
(Ord. 453 § 1(part), 2007).
17.10.695 Street.
“Street” means a public right-of-way for roadway, sidewalk and utility installation.
(Ord. 453 § 1(part), 2007).
17.10.700 Street, arterial.
“Arterial street” means a roadway designed to carry a high proportion of the total urban area traffic, and usually either serves traffic going from the central business district to outlying residential areas, or traffic entering and leaving the urban area. They also provide a connection to collector streets, and provide intra-community continuity while maintaining identifiable neighborhoods.
(Ord. 453 § 1(part), 2007).
17.10.705 Street, collector.
“Collector street” means a roadway designed to provide access service and traffic circulation within residential neighborhoods and commercial/industrial areas. They differ from the arterial streets in that they may penetrate residential neighborhoods, distributing traffic from arterials to the ultimate destination or vice-versa.
(Ord. 453 § 1(part), 2007).
17.10.710 Street, local access.
“Local access street” means a roadway designed to provide access to abutting land and to collector and arterial streets. They offer the lowest level of mobility, particularly to through traffic in residential neighborhoods.
(Ord. 453 § 1(part), 2007).
17.10.715 Structural alteration.
“Structural alteration” means any change to the supporting members of a structure, including but not limited to, foundations, bearing walls or partitions, columns, beams, girders, trusses or any structural change in the roof or exterior walls.
(Ord. 453 § 1(part), 2007).
17.10.720 Structure.
“Structure” means that which is built or constructed; 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 residential fences, retaining walls of less than three feet in height, rockeries, and similar improvements of a minor character.
(Ord. 453 § 1(part), 2007).
17.10.725 Sub-standard street.
“Sub-standard street” means a public street having less than a full standard right-of-way for its class of street and/or a public street having less than full improvements for its class of street.
(Ord. 453 § 1(part), 2007).
17.10.730 Supported living arrangement.
“Supported living arrangement” means a living unit owned or rented by one or more persons with functional disabilities who receive assistance with activities of daily living, instrumental activities of daily living, and/or medical care from an individual or agency licensed and/or reimbursed by a public agency to provide such assistance.
(Ord. 453 § 1(part), 2007).
17.10.735 Temporary use.
“Temporary use” means a use located on a lot, for a period not to exceed six months, with the intent to discontinue such use after the time period expires.
(Ord. 453 § 1(part), 2007).
17.10.740 Travel trailer.
“Travel trailer” means a portable structure built on a chassis designed to be used as a temporary dwelling for travel and recreational purposes, having a body width of eight feet or less or a body length of thirty-five feet or less.
(Ord. 453 § 1(part), 2007).
17.10.745 Use.
“Use” means the purpose for which land or a structure is primarily designed, arranged or intended; or for which it is primarily occupied or maintained.
(Ord. 453 § 1(part), 2007).
17.10.750 Use district.
“Use district” means a specific zoned area or district designated on the official zone map. Such area is subject to all the regulations applicable to the districts that are contained in this code.
(Ord. 453 § 1(part), 2007).
17.10.755 Variance.
“Variance” means an adjustment in the application of the specific regulation of this code to a particular piece of property, which property, because of special circumstances where the literal enforcement of this code would pose undue hardship unnecessary in carrying out the spirit of this code, is deprived of privileges commonly enjoyed by other properties in the vicinity and zone. The special circumstance must apply to the property in that may include unusual nature, shape, exceptional topographic conditions, or extraordinary situation or conditions connected with the specific piece of property.
(Ord. 453 § 1(part), 2007).
17.10.760 Vocational school.
“Vocational school” means a school for educating, training or retraining persons in a trade, vocation or other technical field.
(Ord. 453 § 1(part), 2007).
17.10.765 Yard.
“Yard” means an open space on a lot, lying between the property line and building line, which is unobstructed from the ground upward except as otherwise provided for in this code.
(Ord. 453 § 1(part), 2007).
17.10.770 Yard, front.
“Front yard” means a yard extending between side lot lines across the front of a lot adjoining a public street and lying between the street and the building line, including porches as part of the building. On through lots, a front yard shall be maintained on both street frontages. On corner lots, front yards shall be maintained on both street frontages for the lots’ full width and depth.
(Ord. 453 § 1(part), 2007).
17.10.775 Yard, rear.
“Rear yard” means a yard extending between side lot lines across the back of a lot and lying between the rear lot line and the building line, including porches as part of the building. Rear yards shall be at the opposite end of a lot from the front yard. On corner lots, only one rear yard is required and can be opposite either front yard.
(Ord. 453 § 1(part), 2007).
17.10.780 Yard, side.
“Side yard” means a yard extending between the front setback line and the rear property line and between the side property line and the building line, exclusive of eaves and cornices on pitched roofs.
(Ord. 453 § 1(part), 2007).
17.10.785 Warehouse.
“Warehouse” means a structure used for the storage of goods and materials.
(Ord. 453 § 1(part), 2007).
17.10.790 Wrecking yard.
“Wrecking yard” means an area in which is conducted the dismantling and/or wrecking of new and used motor vehicles, machinery, or trailers, the sale of partially dismantled, obsolete, or wrecked vehicles or their parts.
(Ord. 453 § 1(part), 2007).
17.10.795 Zoning district.
“Zoning district” means a section of the town designated in this chapter in which requirements of the use of land and building and development standard are prescribed.
(Ord. 453 § 1(part), 2007).
17.10.800 Zoning envelope.
“Zoning envelope” means the three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks and other bulk regulations.
(Ord. 453 § 1(part), 2007).
17.10.805 Zoning map.
“Zoning map” means the map delineating the boundaries of districts that, along with the zoning text of this code, comprise the zoning ordinance of the town.
(Ord. 453 § 1(part), 2007).