Chapter 17.09


17.09.010    Generally.

17.09.020    Accessory use or building.

17.09.030    Adjoining and adjacent.

17.09.035    Adult family home.

17.09.040    Agriculture.

17.09.060    Alley.

17.09.070    Alter or alteration.

17.09.080    Apartment.

17.09.090    Apartment house.

17.09.110    Auto wrecking yard.

17.09.120    Basement.

17.09.125    Batch.

17.09.130    Bed and breakfast.

17.09.135    Boarding house or group home.

17.09.140    Building.

17.09.145    Bunk house or hostel.

17.09.150    Bungalow court.

17.09.160    Business or commerce.

17.09.165    Caretaker residence.

17.09.170    Carport.

17.09.175    City council.

17.09.180    Clinic.

17.09.190    Commission.

17.09.200    Comprehensive plan.

17.09.210    Conditional use.

17.09.220    Convalescent, nursing, rest home.

17.09.230    Coverage.

17.09.234    Dangerous waste.

17.09.235    Day care facility.

17.09.237    Density.

17.09.240    District.

17.09.245    Dormitory or fraternity.

17.09.250    Dwelling.

17.09.255    Dwelling, single-family.

17.09.260    Dwelling, two-family, or duplex.

17.09.270    Dwelling, multifamily.

17.09.280    Dwelling unit.

17.09.290    Established grade.

17.09.300    Family.

17.09.310    Frontage.

17.09.320    Front property line.

17.09.325    Front street.

17.09.330    Garage, private.

17.09.340    Garage, public.

17.09.350    Gas station.

17.09.355    Generator.

17.09.360    Grade.

17.09.365    Greenbelt.

17.09.370    Greenhouse, commercial.

17.09.374    Hazardous substance.

17.09.377    Hazardous waste.

17.09.378    Hearing examiner.

17.09.379    Building height.

17.09.380    Height, building.

17.09.385    Heliport primary surface.

17.09.390    Home occupation.

17.09.400    Hospital.

17.09.410    Hotel or motel.

17.09.415    Interim status permit.

17.09.420    Junkyard.

17.09.430    Kennel.

17.09.435    Licensed care facility.

17.09.440    Livestock.

17.09.450    Lodging house.

17.09.460    Lot.

17.09.470    Lot, corner.

17.09.480    Lot coverage.

17.09.490    Lot depth.

17.09.500    Lot line.

17.09.510    Lot width.

17.09.520    Main building.

17.09.530    Manufactured home.

17.09.540    Mean depth.

17.09.550    Mobile home.

17.09.560    Mobile home park.

17.09.605    Motel.

17.09.610    Nonconforming use.

17.09.620    Nursery.

17.09.630    Nursing home.

17.09.635    Obstruction.

17.09.640    Occupancy.

17.09.644    Off-site.

17.09.647    On-site.

17.09.650    Open space (greenbelt).

17.09.653    Overlay.

17.09.660    Parking space.

17.09.670    Permanent occupancy.

17.09.675    Person.

17.09.677    Planned development (PD).

17.09.680    Planning commission.

17.09.690    Plat.

17.09.700    Porch.

17.09.710    Premises.

17.09.720    Principal use.

17.09.725    Processing or handling of hazardous substances.

17.09.730    Professional office.

17.09.740    Public facilities.

17.09.750    Public utility functions.

17.09.752    Recreational vehicle park.

17.09.754    Recreational vehicle lot.

17.09.756    Recreational vehicle.

17.09.759    Resort or timeshare condominium.

17.09.760    Rest home.

17.09.770    Roadside stand.

17.09.780    Sanitary landfill.

17.09.790    Setback.

17.09.800    Side or flanking street.

17.09.810    Sign.

17.09.815    Storage—Dangerous waste.

17.09.820    Story.

17.09.830    Street.

17.09.833    Streetscape.

17.09.835    Surface impoundment.

17.09.836    Structure.

17.09.840    Temporary.

17.09.845    Temporary shelter.

17.09.850    Theater.

17.09.860    Theater, outdoor drive-in.

17.09.870    Tract.

17.09.895    Treatment.

17.09.897    Tree.

17.09.898    I.B.C.

17.09.899    Urban trail.

17.09.900    Use.

17.09.910    Uses, prohibited.

17.09.920    Variance.

17.09.925    Waste pile.

17.09.930    Yard.

17.09.940    Yard, front.

17.09.950    Yard, rear.

17.09.960    Yard, side.

17.09.970    Zone.

17.09.010 Generally.

For the purposes of this title certain words and terms are defined as set forth in this chapter.

Words used in the present tense include the future; words in the singular number include the plural; and words in the plural include the singular. (Ord. 948 § 2 (part), 1995).

17.09.020 Accessory use or building.

“Accessory use or building” means a subordinate use or building customarily incidental to and located upon the same lot occupied by the main use or building. (Ord. 948 § 2 (part), 1995).

17.09.030 Adjoining and adjacent.

“Adjoining” and “adjacent” mean lying near, close or contiguous, neighboring. (Ord. 948 § 2 (part), 1995).

17.09.035 Adult family home.

“Adult family home” means a regular family abode of a person or persons providing 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. (Ord. 1237 § 2 (part), 2007).

17.09.040 Agriculture.

“Agriculture” means the business of cultivating land, or employing it for the purposes of husbandry; the cultivation and fertilization of the soil as well as caring for and harvesting the crops. (Ord. 948 § 2 (part), 1995).

17.09.060 Alley.

“Alley” means a street or public way which affords only a secondary means of access to abutting property. (Ord. 948 § 2 (part), 1995).

17.09.070 Alter or alteration.

“Alter” or “alteration” as applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities or an enlargement, whether by extending on a side, or increasing in height, or the moving from one location or position to another. “Alter” in its various moods and tenses and its participial forms refers to the making of any alteration or change. (Ord. 948 § 2 (part), 1995).

17.09.080 Apartment.

“Apartment” means a room or suite of rooms, other than a hotel, equipped with a stove for cooking and a kitchen sink which is occupied or which is intended or designed to be occupied by one family for living and sleeping purposes, and does not necessarily constitute the main occupancy of the building. (Ord. 1237 § 1 (part), 2007: Ord. 948 § 2 (part), 1995).

17.09.090 Apartment house.

“Apartment house” means a building used or intended to be used as the home of three or more families or householders living independently of each other each having its own separate complete housekeeping units. (Ord. 948 § 2 (part), 1995).

17.09.110 Auto wrecking yard.

“Auto wrecking yard” means an open area used for dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles for their parts. (Ord. 948 § 2 (part), 1995).

17.09.120 Basement.

“Basement” means that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is greater than the vertical distance from grade to ceiling. (Ord. 948 § 2 (part), 1995).

17.09.125 Batch.

“Batch” means any waste that is generated less frequently than once a month. (Ord. 948 § 2 (part), 1995).

17.09.130 Bed and breakfast.

“Bed and breakfast” means a building other than a hotel, used by less than seven guests in no more than three rooms for overnight sleeping purposes, where meals are served for compensation. (Ord. 1237 § 1 (part), 2007: Ord. 948 § 2 (part), 1995).

17.09.135 Boarding house or group home.

“Boarding house” or “group home” means a building, other than a hotel, where overnight lodging is provided for compensation, and the guests share a common kitchen or dining area. (Ord. 1237 § 2 (part), 2007).

17.09.140 Building.

“Building” means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. (Ord. 948 § 2 (part), 1995).

17.09.145 Bunk house or hostel.

“Bunk house” or “hostel” means a building, other than a hotel, where overnight lodging is provided for compensation and any room contains more than two beds or provisions for more than four guests. (Ord. 1237 § 2 (part), 2007).

17.09.150 Bungalow court.

“Bungalow court” means a group of permanent one-family or two-family dwellings arranged upon a lot or plot in such a manner that all dwellings face or front upon a common court, which court has direct access to a public street. (Ord. 948 § 2 (part), 1995).

17.09.160 Business or commerce.

“Business” or “commerce” when used in this title means the engaging in the purchase, sale, barter or exchange of goods, wares or merchandise; and the maintenance or operation of offices or recreational or amusement enterprises. (Ord. 948 § 2 (part), 1995).

17.09.165 Caretaker residence.

“Caretaker residence” means a building or a portion of a building secondary and incidental to a business which does not display traditional residential characteristics and is occupied by the business owner or an employee of the business owner for overnight security purposes. (Ord. 1237 § 2 (part), 2007).

17.09.170 Carport.

For the definition of “carport” see private garage, as set forth in Section 17.09.330. (Ord. 948 § 2 (part), 1995).

17.09.175 City council.

“City council” means the city council of the city of Othello. (Ord. 948 § 2 (part), 1995).

17.09.180 Clinic.

“Clinic” means a building designed and used for the medical and surgical diagnosis and treatment of persons as outpatients under the care of doctors, dentists, physical therapists and nurses. (Ord. 948 § 2 (part), 1995).

17.09.190 Commission.

Whenever “commission” is used in this title, it refers to the city planning commission. (Ord. 948 § 2 (part), 1995).

17.09.200 Comprehensive plan.

“Comprehensive plan” means the master land use plan of Othello, providing for the orderly physical development of the city. (Ord. 948 § 2 (part), 1995).

17.09.210 Conditional use.

“Conditional use” means a use permitted in one or more classifications as defined by this title but which use, because of characteristics peculiar to it, or because of size, technological processes or type of equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities, requires a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same zone or zones, and to assure that such use shall not be inimical to the public interest. (Ord. 948 § 2 (part), 1995).

17.09.220 Convalescent, nursing, rest home.

“Convalescent, nursing and rest home” means an establishment which provides full-time convalescent or chronic care or both for patients who are not related by blood or marriage to the operator and who, by reason of illness or infirmity, are unable to care for themselves. (Ord. 948 § 2 (part), 1995).

17.09.230 Coverage.

“Coverage” means that percentage of the plot or lot area covered by the building area. (Ord. 948 § 2 (part), 1995).

17.09.234 Dangerous waste.

“Dangerous waste” means those solid wastes designated in WAC 173-303-070 through 173-303-103 as dangerous or extremely hazardous waste (WAC 173-303-040). (Ord. 948 § 2 (part), 1995).

17.09.235 Day care facility.

“Day care facility” means an agency regularly providing care for a group of children for periods of less than twenty-four hours. Separate requirements are adopted for the following subcategories of day care centers:

(1)    A “day care center” provides for the care of thirteen or more children. 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.

(2)    A “mini day care program” means:

(A)    A day care center for the care of twelve or fewer children cared for on a full-time basis and such other children cared for on a part-time basis, characterized as drop ins, as is allowed by the rules of the state of Washington, Department of Social and Health Services in a facility other than the family abode of the person or persons under whose direct care and supervision the child is placed;

(B)    For the care of from seven through twelve children cared for on a full-time basis and such other children cared for on a part-time basis, characterized as drop ins, as is allowed by the rules of the state of Washington, Department of Social and Health Services in the family abode of such person or persons.

(3)    A “family day care home” means a home regularly providing care during part of the twenty-four-hour day to six or fewer children cared for on a full-time basis and such other children cared for on a part-time basis, characterized as drop-ins, as is allowed by the rules of the state of Washington, Department of Social and Health Services. (Ord. 948 § 2 (part), 1995).

17.09.237 Density.

“Density” means a measure that, in terms of development, can include the ratio of dwelling unit per lot area or per acre, square feet of building floor area per lot area, people per square feet of building floor area or per acre, etc. (Ord. 948 § 2 (part), 1995).

17.09.240 District.

As used in this title, “district” has the same meaning as “zone” as set forth in Section 17.09.970. (Ord. 948 § 2 (part), 1995).

17.09.245 Dormitory or fraternity.

“Dormitory” or “fraternity” means a building, other than a hotel, where overnight lodging is provided for compensation, and a majority of the guests stay more than a month at a time. (Ord. 1237 § 2 (part), 2007).

17.09.250 Dwelling.

“Dwelling” means any building or portion thereof designed or used for a residence or sleeping place of one or more persons. (Ord. 1237 § 1 (part), 2007: Ord. 948 § 2 (part), 1995).

17.09.255 Dwelling, single-family.

“Single-family dwelling” means a building designed or used for residence by not more than one family and containing only one dwelling unit. (Ord. 1237 § 2 (part), 2007).

17.09.260 Dwelling, two-family, or duplex.

“Two-family dwelling or duplex” means a building designed or used for residential purposes by not more than two families and containing two dwelling units. (Ord. 1237 § 1 (part), 2007: Ord. 948 § 2 (part), 1995).

17.09.270 Dwelling, multifamily.

“Multifamily dwelling” means a building or portion thereof designed or used as a residence by more than two families and containing more than two dwelling units. (Ord. 1237 § 1 (part), 2007: Ord. 948 § 2 (part), 1995).

17.09.280 Dwelling unit.

“Dwelling unit” means a single unit providing complete, independent living facilities for not more than one family, including permanent provisions for living, sleeping, eating, cooking and sanitation. (Ord. 1237 § 1 (part), 2007: Ord. 948 § 2 (part), 1995).

17.09.290 Established grade.

“Established grade” means the curb line grade at the front lot lines as established by the city. (Ord. 948 § 2 (part), 1995).

17.09.300 Family.

“Family” means one person living alone; or two or more persons related by blood, marriage, or legal adoption; or a group not exceeding five persons living as a single housekeeping unit. (Ord. 1237 § 1 (part), 2007: Ord. 948 § 2 (part), 1995).

17.09.310 Frontage.

“Frontage” means all the property abutting on one side of a street between two streets which intersect it, measured along the street line. (Ord. 948 § 2 (part), 1995).

17.09.320 Front property line.

“Front property line” means the front lot line as shown on the official recorded plat of the property, and as modified by any subsequent vacation, condemnation or conveyance for public purposes. In the case of unplatted property or in case the front property line of platted property cannot be determined from the recorded plat, the planning commission shall determine the front property line, for the purposes of this title. In making such determination, the commission shall take into consideration the character and location of all neighboring improvements and the character of the buildings proposed to be built on the lot, and shall designate the front property line which most nearly conforms to the existing conditions of platting and/or improvements and the spirit and purpose of the zoning regulations applied in the surrounding district. (Ord. 948 § 2 (part), 1995).

17.09.325 Front street.

“Front street” means the street which contains the most facing lots or lineal footage in a block. (Ord. 948 § 2 (part), 1995).

17.09.330 Garage, private.

“Private garage” means a garage with capacity for not more than three self-propelled vehicles, and used for storage only. (Ord. 948 § 2 (part), 1995).

17.09.340 Garage, public.

“Public garage” means any premises, used for the rental, storage or housing of more than two self-propelled vehicles, or where vehicles are repaired, sold or kept for hire. (Ord. 948 § 2 (part), 1995).

17.09.350 Gas station.

“Gas station” means any area of land, including the structures thereon, that is used for the sale of gasoline or other motor fuel oils, lubricants and auto accessories and which may or may not include washing, lubricating, and other minor servicing but no painting operation. (Ord. 948 § 2 (part), 1995).

17.09.355 Generator.

“Generator” means any person, by site, whose act or process produces dangerous waste or whose act first causes a dangerous waste to become subject to regulation under the Dangerous Waste Regulations, Chapter 173-303 WAC (WAC 173-303-040). (Ord. 948 § 2 (part), 1995).

17.09.360 Grade.

“Grade” means the average of the finished ground level at the center of all walls of a building. In case the walls are parallel to and within five feet of a sidewalk, the aboveground level shall be measured at the sidewalk. (Ord. 948 § 2 (part), 1995).

17.09.365 Greenbelt.

“Greenbelts” are characterized as swaths of greenery which serve as buffers between incompatible land uses, and where development is controlled to help maintain environmentally sensitive conditions, and areas of natural landscaping and wildlife habitat. They are areas, either publicly or privately owned, which have been designated by the city. (Ord. 948 § 2 (part), 1995).

17.09.370 Greenhouse, commercial.

“Commercial greenhouse” means an establishment where flowers, shrubbery, vegetables, trees and other horticultural and floricultural products are grown both in the open and in an enclosed building for sales on a retail or wholesale basis. (Ord. 948 § 2 (part), 1995).

17.09.374 Hazardous substance.

“Hazardous substance” means any liquid, solid, gas, sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste (RCW 70.105.010). (Ord. 948 § 2 (part), 1995).

17.09.377 Hazardous waste.

“Hazardous waste” means and includes all dangerous and extremely hazardous waste (RCW 70.105.010). (Ord. 948 § 2 (part), 1995).

17.09.378 Hearing examiner.

Hearing examiner shall be appointed by the mayor to interpret, review and implement land use regulations as provided in Chapter 2.16 or by other ordinances. (Ord. 1305 § 2, 2009; Ord. 948 § 2 (part), 1995).

17.09.379 Building height.

“Building height” means the vertical distance measured from the average grade to the highest point on the roof, ridge, or parapet wall. (Ord. 1237 § 1 (part), 2007: Ord. 948 § 2 (part), 1995).

17.09.380 Height of building.

“Height of building” means the vertical distance at the center of a building’s principal front, measured from the established grade to the highest point of the roof beams in the case of flat roofs, to the deck line of mansard roofs, or to the center height between eaves and ridges for gable, hip or gambrel roofs. For buildings set back from the street line, the height may be measured from the average elevation of the finished grade along the front of the building. (Ord. 948 § 2 (part), 1995).

17.09.385 Heliport primary surface.

“Heliport primary surface” means the area of the primary surface coincides in size and shape with the designed takeoff and landing area of a heliport. This surface is a horizontal plane at the elevation of the established heliport elevation. (Ord. 948 § 2 (part), 1995).

17.09.390 Home occupation.

“Home occupation” means business conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the dwelling for dwelling purposes and does not change the character thereof. (Ord. 948 § 2 (part), 1995).

17.09.400 Hospital.

“Hospital” means a building designed and used for the medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes and clinics are not included. (Ord. 948 § 2 (part), 1995).

17.09.410 Hotel or motel.

“Hotel” or “motel” means a building used to accommodate overnight guests, but “hotel” or “motel” does not include any of the following: bed and breakfast; bunk house or hostel; apartment; dormitory or fraternity; group home or boarding house; resort, vacation lodge or condominium timeshare; temporary shelter; caretaker residence; licensed care facility; or recreational vehicle park. (Ord. 1237 § 1 (part), 2007: Ord. 948 § 2 (part), 1995).

17.09.415 Interim status permit.

“Interim status permit” means a temporary permit given to treatment, storage and disposal facilities which qualify under WAC 173-303-805 (WAC 173-303-040). (Ord. 948 § 2 (part), 1995).

17.09.420 Junkyard.

“Junkyard” means a lot, land or structure, or part thereof, used for the collecting, storage and sale of waste paper, rags, scrap metal or discarded materials, or for the collecting, dismantling, salvaging or sale of parts of machinery or vehicles not in running condition. (Ord. 948 § 2 (part), 1995).

17.09.430 Kennel.

Kennels include commercial kennels defined as:

(a)    “Commercial kennel” means a place where dogs and/or cats are kept by persons for breeding, with the offspring offered for sale, or where such dogs and/or cats are received for care, training and boarding for compensation. (Ord. 1340 § 1, 2010: Ord. 948 § 2 (part), 1995).

17.09.435 Licensed care facility.

“Licensed care facility” means a building, other than a hotel, where overnight lodging is provided for compensation and which facility is licensed by the state of Washington for overnight caregiving, including an adult family home if so licensed. (Ord. 1237 § 2 (part), 2007).

17.09.440 Livestock.

“Livestock” means horses, bovine animals, sheep, goats, swine, donkeys, mules and buffalo. (Ord. 948 § 2 (part), 1995).

17.09.450 Lodging house.

“Lodging house” means a building, other than a hotel, where overnight lodging for five or more persons is provided for compensation in rooms without cooking stoves or kitchen sinks. (Ord. 1237 § 1 (part), 2007: Ord. 948 § 2 (part), 1995).

17.09.460 Lot.

“Lot” means land occupied or to be occupied by a building and its accessory buildings, including such open spaces as are required under this title, and having frontage upon a street or alley. (Ord. 948 § 2 (part), 1995).

17.09.470 Lot, corner.

“Corner lot” means a lot of which at least two adjacent sides abut for their full length upon a street. (Ord. 948 § 2 (part), 1995).

17.09.480 Lot coverage.

“Lot coverage” means the percentage of the lot area that is occupied by the ground area of a building and its accessory buildings, if any. (Ord. 948 § 2 (part), 1995).

17.09.490 Lot depth.

“Lot depth” means the mean dimension of the lot from the front street line to the rear line. (Ord. 948 § 2 (part), 1995).

17.09.500 Lot line.

“Lot line” means that line bounding a lot as described in the deed, or as shown on a recorded plat. (Ord. 948 § 2 (part), 1995).

17.09.510 Lot width.

“Lot width” means the dimension of the lot line at the street, or in an irregularly shaped lot, the dimension across the lot at the building line, or in a corner lot the narrow dimension of the lot at a street or building line. (Ord. 948 § 2 (part), 1995).

17.09.520 Main building.

“Main building” means a building used for the primary or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory. (Ord. 948 § 2 (part), 1995).

17.09.530 Manufactured home.

See definition of “Mobile home” in this chapter. (Ord. 948 § 2 (part), 1995).

17.09.540 Mean depth.

The “mean depth” of a lot means the depth of the lot measured on a line approximately perpendicular to the fronting street and midway between the side lines of the lot. (Ord. 948 § 2 (part), 1995).

17.09.550 Mobile home.

“Mobile home” means a “manufactured home” that is a structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. Calculations used to determine the number of square feet in a structure will be based on the structure’s exterior dimensions measured at the largest horizontal projections when erected on site. These dimensions will include all expandable rooms, cabinets, and other projections containing interior space, but do not include bay windows. This definition excludes any recreational vehicles as those are defined in WAC 296-150B-015. (Ord. 948 § 2 (part), 1995).

17.09.560 Mobile home park.

“Mobile home park” means a parcel of land which has been platted and is subject to a binding site plan where mobile homes are placed. No sales of individual lots shall be permitted, no recreational vehicles shall be permitted within the park and all interior utilities and roads shall be privately maintained. (Ord. 948 § 2 (part), 1995).

17.09.605 Motel.

See Section 17.09.410, Hotel or motel. (Ord. 1237 § 1 (part), 2007: Ord. 948 § 2 (part), 1995).

17.09.610 Nonconforming use.

“Nonconforming use” means a building, lot or parcel which does not conform to the present bulk requirements of the zone where it is located, but which previously conformed to the bulk requirements of the zone where it is located and its continued use has been in conformance with city ordinances governing the continuation of nonconforming uses, and it means a use of a building, lot or parcel which does not conform with the regulations of the zone in which it is located. (Ord. 948 § 2 (part), 1995).

17.09.620 Nursery.

“Nursery” means any land used to raise trees, shrubs, flowers and other plants, for sale or for transplanting. (Ord. 948 § 2 (part), 1995).

17.09.630 Nursing home.

For the definition of “nursing home” see convalescent home as set forth in Section 17.09.220. (Ord. 948 § 2 (part), 1995).

17.09.635 Obstruction.

“Obstruction” means any structure, growth, or other object including a mobile object, which exceeds a limiting height set forth. (Ord. 948 § 2 (part), 1995).

17.09.640 Occupancy.

“Occupancy” means the purpose for which a building is used or intended to be used. The term also includes the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. (Ord. 948 § 2 (part), 1995).

17.09.644 Off-site.

“Off-site” means hazardous waste treatment and storage facilities that treat and store waste from generators on properties other than those on which the off-site facilities are located. (Ord. 948 § 2 (part), 1995).

17.09.647 On-site.

“On-site” means the same, geographically contiguous, or bordering property. On-site hazardous waste treatment and storage facilities treat and store wastes generated on the same property. (Ord. 948 § 2 (part), 1995).

17.09.650 Open space (greenbelt).

“Open space (greenbelt)” means space which is not used for buildings or structures. It may be air, land or water. (Ord. 948 § 2 (part), 1995).

17.09.653 Overlay.

An “overlay” consists of a mapped area that has special requirements in addition to those of the underlying zone. Development within the overlay must conform to the requirements of both the underlying zone and the overlay, or to the more restrictive of the two. (Ord. 948 § 2 (part), 1995).

17.09.660 Parking space.

“Parking space” means an off-street space, normally ten feet by twenty feet used to temporarily park a motor vehicle and having access to a public street or alley. (Ord. 948 § 2 (part), 1995).

17.09.670 Permanent occupancy.

“Permanent occupancy” means a residence inhabited year round by its occupants. (Ord. 948 § 2 (part), 1995).

17.09.675 Person.

“Person” means an individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them. (Ord. 948 § 2 (part), 1995).

17.09.677 Planned development (PD).

“Planned development” means a process which allows for flexibility in the grouping, placement, size and use of structures on a fairly large tract of land. A PD is developed as a single proposal, using a process which incorporates design review and public participation. (Ord. 948 § 2 (part), 1995).

17.09.680 Planning commission.

“Planning commission” means the planning commission of the city of Othello, Washington. (Ord. 948 § 2 (part), 1995).

17.09.690 Plat.

“Plat” means a map or representation of a subdivision showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys, or other divisions and dedications, and which plat was properly approved and recorded under all applicable city ordinances and state laws. (Ord. 948 § 2 (part), 1995).

17.09.700 Porch.

“Porch” means a roofed or unroofed open structure projecting from the front, side or rear wall of a building and having no enclosed features of glass, wood, or other material more than thirty inches above the floor thereof, except wire screening and the necessary columns to support the roof. (Ord. 948 § 2 (part), 1995).

17.09.710 Premises.

“Premises” means a house or building with the grounds, etc. belonging to it. (Ord. 948 § 2 (part), 1995).

17.09.720 Principal use.

“Principal use” means the primary purpose or function that a lot serves or is intended to serve. (Ord. 948 § 2 (part), 1995).

17.09.725 Processing or handling of hazardous substances.

“Processing or handling of hazardous substances” means the use, storage, manufacture, production, or other land use activity involving hazardous substances. Hazardous substances processing and handling activities are normally found in commercial, manufacturing and industrial zones. It does not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container. (Ord. 948 § 2 (part), 1995).

17.09.730 Professional office.

“Professional office” means the office of a person engaged in any occupation, vocation or calling, not purely commercial, mechanical or agricultural in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an act founded thereon. (Ord. 948 § 2 (part), 1995).

17.09.740 Public facilities.

“Public facilities” mean facilities owned by the public or private enterprise and operated for the benefit of the community. This also includes, but is not limited to schools, libraries, fire stations, water and sewage systems, police stations, cemeteries, refuse disposal, and power systems. (Ord. 948 § 2 (part), 1995).

17.09.750 Public utility functions.

“Public utility functions” mean those functions relating to publicly operated utilities including but not limited to water, electric and sewage systems. (Ord. 948 § 2 (part), 1995).

17.09.752 Recreational vehicle park.

“Recreational vehicle park” means any plot, tract, site or premises or ground one acre or more, where accommodation is available for two or more families to establish temporary or semi-permanent residences in recreational vehicles, whether or not the wheels have been removed from the recreational vehicles for a period of one month or more. (Ord. 1237 § 1 (part), 2007: Ord. 948 § 2 (part), 1995).

17.09.754 Recreational vehicle lot.

“Recreational vehicle lot” means a designated portion of the park designed for the accommodation of one recreational vehicle and its accessory structures. (Ord. 948 § 2 (part), 1995).

17.09.756 Recreational vehicle.

“Recreational vehicle” means a vehicular type unit primarily designed for its own motive power or is mounted on or towed by another vehicle. The basic entities are: travel trailer, folding camper trailer, park recreational trailer, fifth-wheel trailers, truck camper, motor home, and multi-use vehicles as defined in Chapters 296-150P and 296-150R WAC. (Ord. 1237 § 1 (part), 2007: Ord. 948 § 2 (part), 1995).

17.09.759 Resort or timeshare condominium.

“Resort” or “timeshare condominium” means a building, other than a hotel, where overnight lodging is provided for compensation in conjunction with recreational amenities, such as golf, fishing, hunting, gaming, spa resort, fitness or similar leisure activities. (Ord. 1237 § 2 (part), 2007).

17.09.760 Rest home.

For the definition of “rest home,” see convalescent home, as set forth in Section 17.09.220. (Ord. 948 § 2 (part), 1995).

17.09.770 Roadside stand.

“Roadside stand” means an area and/or structure, with no space for customers within the structure itself, for the display and sale of agricultural products. (Ord. 948 § 2 (part), 1995).

17.09.780 Sanitary landfill.

“Sanitary landfill” means a method of refuse disposal utilizing open trenches which are filled with garbage or refuse and subsequently covered with earth daily. (Ord. 948 § 2 (part), 1995).

17.09.790 Setback.

“Setback” means the distance between the property line and permitted building line as required in this title. (Ord. 1237 § 1 (part), 2007: Ord. 948 § 2 (part), 1995).

17.09.800 Side or flanking street.

“Side street” or “flanking street” means a street, public or private, which abuts a property in addition to another street and which intersects the other street at a property corner. In determining the front yard and building line, the front street shall be the determining factor. (Ord. 948 § 2 (part), 1995).

17.09.810 Sign.

“Sign” means any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public. This term shall include signboards and billboards. (Ord. 948 § 2 (part), 1995).

17.09.815 Storage—Dangerous waste.

“Dangerous waste storage” means the holding of dangerous waste for a temporary period. Accumulation of dangerous 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. (Ord. 948 § 2 (part), 1995).

17.09.820 Story.

“Story” means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it. (Ord. 948 § 2 (part), 1995).

17.09.830 Street.

“Street” means a public or private dedicated or deeded thoroughfare which affords principal means of access to abutting property. (Ord. 948 § 2 (part), 1995).

17.09.833 Streetscape.

The streetscape is the visual character of a street as determined by various elements such as structures, greenery, open space, view, etc. (Ord. 948 § 2 (part), 1995).

17.09.835 Surface impoundment.

“Surface impoundment” means a facility or part of a facility which is a natural topographic depression, manmade excavation, or diked area formed primarily of earthen materials (although it may be lined with manmade materials), and which is designed to hold an accumulation of liquid dangerous wastes or dangerous wastes containing free liquids. This term includes holding, storage, settling, and aeration pits, ponds or lagoons (WAC 173-303-040). (Ord. 948 § 2 (part), 1995).

17.09.836 Structure.

An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines. (Ord. 948 § 2 (part), 1995).

17.09.840 Temporary.

“Temporary” means existing or continuing for a limited time, not to exceed one year. (Ord. 948 § 2 (part), 1995).

17.09.845 Temporary shelter.

“Temporary shelter” means a building, other than a hotel, where overnight lodging is provided less than once a month and no beds are provided. (Ord. 1237 § 2 (part), 2007).

17.09.850 Theater.

“Theater” means a structure used for dramatic, operatic, motion pictures, or other performances, for admission to which entrance money is received and no audience participation or meal service is allowed. (Ord. 948 § 2 (part), 1995).

17.09.860 Theater, outdoor drive-in.

“Outdoor drive-in theater” means an open lot or part thereof, with its appurtenant facilities devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to persons seated in automobiles or on outdoor seats. (Ord. 948 § 2 (part), 1995).

17.09.870 Tract.

“Tract” has the same meaning as lot. (Ord. 948 § 2 (part), 1995).

17.09.895 Treatment.

“Treatment” means the physical, chemical or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume. (Ord. 948 § 2 (part), 1995).

17.09.897 Tree.

“Tree” means a woody perennial plant with one main stem or trunk which develops many branches. (Ord. 948 § 2 (part), 1995).

17.09.898 I.B.C.

“International Building Code” means the most recently adopted portion of the International Building Code adopted as part of the State Building Code. (Ord. 1237 § 1 (part), 2007: Ord. 948 § 2 (part), 1995).

17.09.899 Urban trail.

“Urban trail” means an extended and usually continuous strip of land or water, used primarily for recreational travel. Urban trails may serve different user groups, such as pedestrians, bicyclists, and to a more limited extent canoeists. (Ord. 948 § 2 (part), 1995).

17.09.900 Use.

“Use” means the purpose for which land or building is arranged, designed or intended, or for which either is or may be occupied or maintained. (Ord. 948 § 2 (part), 1995).

17.09.910 Uses, prohibited.

“Prohibited uses” are those uses not specifically enumerated as permitted uses. Prohibited uses are listed in this title for purposes of clarity and emphasis only. Prohibited uses mentioned include but are not limited to the enumerated prohibited uses. (Ord. 948 § 2 (part), 1995).

17.09.920 Variance.

“Variance” means a granting of relief from the terms of this title, the official map ordinance or other land use regulation of the city under the procedures set forth in Chapter 2.16 and state law by the hearing examiner or as otherwise provided by ordinance by the planning commission or city council. (Ord. 1305 § 2, 2009; Ord. 948 § 2 (part), 1995).

17.09.925 Waste pile.

“Waste pile” means any noncontainerized accumulation of solid, nonflowing waste that is used for treatment or storage (WAC 173-303-040). (Ord. 948 § 2 (part), 1995).

17.09.930 Yard.

“Yard” means an unoccupied space open to the sky, on the same lot with a building or structure. (Ord. 948 § 2 (part), 1995).

17.09.940 Yard, front.

“Front yard” means an open area extending across the full width of the lot and lying between the front line of the lot and the front building setback line. (Ord. 948 § 2 (part), 1995).

17.09.950 Yard, rear.

“Rear yard” means an open area between the side yard lines and lying between the rear line of the lot and the nearest point of the building, including porches as a part of the building. (Ord. 948 § 2 (part), 1995).

17.09.960 Yard, side.

“Side yard” means an open area between the side line of the lot and the nearest point of the building, exclusive of eaves or cornices on pitched roofs, and extending from the front yard to the rear lot line. (Ord. 948 § 2 (part), 1995).

17.09.970 Zone.

“Zone” means an area within which certain uses of land and buildings are permitted and certain others are prohibited, yards and other open spaces are required, lot areas, building height limits, and other requirements are established, all of the foregoing being identical for the zone in which they apply. (Ord. 948 § 2 (part), 1995).