Chapter 18.06
DEFINITIONS
Sections:
18.06.010 Definitions.
Unless the context otherwise requires, the definitions in this chapter apply throughout this title. The definitions of the Uniform Building Code supplement these definitions.
Accessory Apartment (18.60.140). “Accessory apartment” means a portion of an owner-occupied detached single-family residence which has been converted for use as an apartment.
Accessory Use, Building or Structure (Ch. 18.69). “Accessory use, building or structure” means a use, building or structure subordinate to the principal use, building or structure of the land and which is on the same lot, serves a purpose customarily incidental to the use of the main use, building or structure, and does not change the character of the principal use.
Accessway. “Accessway” means ingress or egress from the highway to the property site.
Administrator. “Administrator” means the city administrator or the administrator’s designee who has been charged with the responsibility of administering this title.
Adult Concessions (18.60.130).
A. “Adult concessions” include, but are not limited to:
1. “Adult bookstore,” which means an establishment having as a substantial or significant portion of its stock in trade, books, films, photographs, devices, magazines or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified anatomical areas or specified sexual activities or an establishment with a segment or section devoted to the sale or display of such material;
2. “Adult motion picture theater,” which means an enclosed or drive-in theater with a capacity of ten or more persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein;
3. “Artist-body painting studio,” which means an establishment or business which provides the services of applying paint or other substance whether transparent or nontransparent to or on the human body, which such body is wholly or partially nude; and
4. “Cabaret,” which means any place wherein food and beer, whiskey, wine or other spirituous liquor is served on the premises at a profit, which features go-go dancers, exotic dancers, male or female impersonators, or similar entertainers.
B. For the purpose of this section, “specified sexual activities” means:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy; and
3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
C. For the purpose of this section “specified anatomical areas” means:
1. Less than completely or opaquely covered:
a. Human genitals, pubic region;
b. Buttocks;
c. Female breasts below a point immediately above the top of the areola; and
2. Human male genitals in a discernable turgid state, even if completely or opaquely covered.
D. “Used” describes a continuing course of conduct of exhibiting specific sexual activities and specified anatomical areas in a manner which appeals to a prurient interest.
Alley. “Alley” means a road, not less than twenty feet in width, providing a secondary public means of access to abutting properties.
Alteration. “Alteration” means:
1. A change or rearrangement of the structural parts in an existing facility; or
2. An enlargement or addition of a building or structure; or
3. Moving a building or structure from one location or position to another; or
4. A change of use.
Bed and Breakfast. “Bed and breakfast” means a dwelling in which overnight accommodations and a meal are provided or offered to transient guests for compensation.
Block. “Block” means the length of a street between well-defined and fixed boundaries.
Block Front. “Block front” means that portion of a block along a single street frontage but usually not more than five hundred feet long.
Boarding House/Rooming House (18.60.120). “Boarding house/rooming house” means a building having leased sleeping quarters and bathroom facilities but with common dining facilities for the residents and no individual kitchen facilities.
Board of Adjustment (18.81.030). “Board of adjustment” means the board of adjustment of the city.
Buffer Zone. “Buffer zone” means a landscaped screen of trees to cushion noise and have a vision barrier from a noncompatible zoned area, such as commercial noise from residential.
Building. “Building” means any structure conforming with the Uniform Building Code (UBC), except non-UBC manufactured homes and recreational vehicles, having a roof supported by columns or walls, and used or intended to be used for the shelter or enclosure of people, animals, chattels, or property of any kind.
Building Height (18.06.010B). “Building height” means the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater building height:
1. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet above lowest grade;
2. An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection (1) of this definition is more than ten feet above lowest grade.
The height of a stepped or terraced building is the maximum height of any segment of the building.
Building Official. “Building official” means the building official for the city of Prosser.
Carport. “Carport” means a covered space for the housing of vehicles, boats, trailers, etc., and enclosed on no more than two sides.
Child Day Care Center (18.60.060). “Child day care center” means an agency which regularly provides care for a group of children for periods of less than twenty-four hours a day and which is in accord with Chapter 74.15 RCW.
Corner Lot. “Corner lot” means a lot fronting on two or more improved streets at their intersection, except an alley.
Curb Level. “Curb level” means the established grade of the top-of-curb in front of the midpoint of the lot.
Dwelling Unit. “Dwelling unit” means two or more rooms designed for occupancy by one family, which has at least one bathroom and kitchen and is in compliance with the Uniform Building Code, or a congregate residence for ten or less persons.
Family. “Family” means an individual or two or more persons related by blood or marriage or a group of not more than five persons (excluding servants) who need not be related by blood or marriage living together in a dwelling unit, as distinguished from a group occupying a group house, lodging house, club, fraternity or hotel.
Family Day Care Home (18.60.190). “Family day care home” means a child day care facility in accord with WAC 388-73-244.
Farmer’s Market (18.46.020). “Farmer’s market” means a gathering of people for the buying and selling of farm products, flowers, or arts and crafts which were grown, harvested, created or made by the seller thereof. The term “farm products” shall not include livestock or other living animals, fish or fowl. “Farm products, flowers, or arts and crafts” shall further exclude used or secondhand goods.
Floor Area. “Floor area” means that area bound by the surrounding walls of a building, or portion thereof, exclusive of vent shafts and courts, multiplied by the number of stories. The floor area of a building or portion thereof, without surrounding exterior walls is the usable area under the horizontal projection of the roof or floor above.
Front Lot Line. “Front lot line” means, in the case of an interior lot, the property line separating the lot from a street other than an alley, and in the case of a corner lot, either property line separating the lot from the street as so designated by the lot owner at the time of application for a building permit.
Front Yard. “Front yard” means an open space between the side lot lines, measured horizontally and at right angles from the front lot line to the nearest line of the building.
Hazardous Waste. “Hazardous waste” means all dangerous and extremely hazardous waste as defined by RCW 70.105.010 except for moderate-risk waste.
Hazardous Waste Treatment and Storage Facility, Off-Site. “Off-site hazardous waste treatment and storage facility” means a treatment and storage facility that treats and stores waste from generators on properties other than those on which the treatment and storage facility is located.
Hazardous Waste Treatment and Storage, On-Site. “On-site hazardous waste treatment and storage” means a treatment and storage facility that treats and stores waste generated on the same geographically contiguous or bordering property.
Hazardous Waste Storage. “Hazardous waste storage” means temporarily holding hazardous waste.
Hazardous Waste Treatment. “Hazardous waste treatment” means the physical, chemical or biological amelioration of hazardous waste.
Home Occupation (18.75.060). “Home occupation” means any occupation or business carried on within a residence by the occupant, which activity is clearly incidental to the use of the residence as a dwelling and does not change the residential character thereof.
Hotel. “Hotel” means a building containing rooms, intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and in which only a general kitchen and dining room is provided within the building or an accessory building.
Junk Auto (18.60.110). “Junk auto” means any auto, truck or other motor vehicle which is inoperative due to lack of wheels, motor, running gear or any combination thereof.
Junkyard. “Junkyard” means any lot or structure where waste, or discarded or salvageable materials are exchanged, stored or handled. This definition does not include secondhand stores; used furniture stores; establishments salvaging recyclable material, when all activity and storage are conducted wholly within a completely enclosed building; and establishment for the sale of used motor vehicles and machines which are in operative condition.
Kennel. “Kennel” means a structure used for the keeping of more than three dogs or cats over six months of age.
Lot. “Lot” means a parcel of land occupied by, or which may be occupied by, a building(s) and its accessory buildings and including the yards, parking areas, and other open spaces required by this title and having frontage upon an improved street.
Lot Area. “Lot area” means the total area of a lot contained within the lot boundary lines.
Lot Coverage. “Lot coverage” means the total area, at ground level, of the principal building and all accessory buildings and structures.
Lot Depth. “Lot depth” means the average horizontal distance between the front lot line and the rear lot line.
Lot Line. “Lot line” means the property line bounding a lot.
Lot Width. “Lot width” means the average horizontal distance between the side lot lines, measured parallel to the front lot line.
Manufactured Home (18.60.220). “Manufactured home” means 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 a 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.
Microbrewery-Restaurant/Pub. “Microbrewery-restaurant/pub” means a premises wherein is located a business of manufacturing beer and malt liquor of less than fifteen thousand US barrels per year (one barrel contains thirty-one gallons) and includes a restaurant and pub on the property.
Motel (18.60.040). “Motel” means a building or group of buildings containing rooms or apartments designated, intended or used primarily for sleeping accommodations for automobile travelers.
Multiple-Family Dwelling. “Multiple-family dwelling” means a building used or designated as a residence for two or more families living independently of each other and doing their own cooking therein. This includes, but is not limited to, apartment houses, apartment hotels, flats and group homes, but not motels unless such are equipped with kitchen facilities for each unit.
Net Site Area. “Net site area” means the total area within the property lines, exclusive of all streets.
Nonconforming Use, Building or Structure (Ch. 18.66). “Nonconforming use, building or structure” means a lawfully existing use, building or structure at the time this title or any amendment thereto became effective or upon annexation, and which does not conform to the requirements of the zoning district in which located. This definition does not apply to residential structures and their accessory uses.
Nursery School (18.60.060). “Nursery school” means a school designed to provide daytime care and/or instruction for children.
Nursing or Convalescent Home. “Nursing or convalescent home” means any building with sleeping rooms where persons are housed and furnished with meals and nursing care and which premises are licensed by the state.
Open Space. “Open space” means an unoccupied space open to the sky on the same lot with a building.
Parking Area, Off-Street Parking Lot, Public or Private (Ch. 18.63). “Parking area, off-street parking lot, public or private” means an open area or lot other than a street or other public way, used for the parking of vehicles and available whether for a fee, free, or as an accommodation for clients, residents, customers or employees.
Parking Space. “Parking space” means an enclosed or unenclosed, permanently improved parking area plus access thereto.
Permit. “Permit” means an official document or certificate issued by the administrator authorizing performance of a specified activity.
Person. “Person” means every natural person, cooperative, firm, partnership, association, social or fraternal organization, corporation, estate, trustee, receiver, syndicate, branch of government or any other group or combination thereof, acting as a unit.
Planning Commission. “Planning commission” means the planning commission for the city.
Principal Building. “Principal building” means a building in which is conducted the principal use of the lot on which it is situated.
Private Garage. “Private garage” means a detached enclosed accessory building or an attached, enclosed portion of the principal main building used for storage by the occupant of the main building.
Public and Quasi-Public Uses. “Public and quasi-public uses” means those uses which are public and private not-for-profit educational institutions, civic buildings, community building and uses, public utility uses including substations, governmental buildings; churches, church-related uses; museums, art galleries, libraries; reservoirs, public recreational facilities; and essential services and similar uses.
Public Garage. “Public garage” means any building or portion thereof, other than a private garage, which is used for the parking or storage of motor vehicles, boats, trailers, etc., or any building or premises where such vehicles, boats, trailers, etc., are repaired or kept for hire or sale.
Rear Lot Line. “Rear lot line” means the property line which is opposite and most distant from the front line, and in the case of an irregular, triangular or other shaped lot, a line ten feet in length within the lot parallel to and at a maximum distance from the front lot line.
Rear Yard. “Rear yard” means an open space between the side lot line measured horizontally at right angles from the rear lot line to the nearest line of the building.
Recreational Vehicle. “Recreational vehicle” means a vehicle designed for temporary occupancy as a residence which is eight feet or less in width and forty feet or less in length and includes motor homes, travel trailer, campers and the like.
Service Station (Section 18.60.210). “Service station” means a retail establishment selling motor vehicle fuel and other petroleum projects or washing, lubricating or repairing vehicles, but not tire recapping, major engine overhaul, or body or fender work.
Side Lot Line. “Side lot line” means any property line not a front or rear lot line.
Side Yard. “Side yard” means an open space between the front and rear yards measured horizontally and at right angles from the side lot line to the nearest line of the building.
Single-Family Dwelling. “Single-family dwelling” means a detached building designed for, or occupied exclusively by, one family.
Street. “Street” means a public or private way which affords a principal means of access to abutting properties.
Street Frontage. “Street frontage” means that portion of a lot facing a public or private street other than an alley.
Structure. “Structure” means any construction which cannot be defined as a building, including fences, walls, communication devices, supporting members of signs and uses of similar nature and anything permanently located on the ground or attached to something permanently located on the ground.
Tenses—Word Usage. Words used in the present tense include the future; the singular includes the plural; male includes female; “building” includes “structure”; and the word “used” includes “arranged,” “designed,” “constructed,” “altered,” “converted,” “rented,” “leased” or “intended to be used.” The words “must” and “shall” are mandatory and the word “may” is permissive. The words “provisions,” “requirements,” and “conditions” are interchangeable as are the words “lot,” “parcel,” “site,” “premises” and “property.” The term “street,” whether public or private, includes “avenue,” “drive,” “circle,” “road,” “parkway,” “boulevard,” “highway,” “thoroughfare,” “freeway,” “public way,” “alley” or any other similar term.
Through Lot. “Through lot” means an interior lot having frontage on two parallel or approximately parallel streets.
Use. “Use” means the purpose for which a parcel of land, building or structure is designed, used, arranged, or intended or for which it is occupied or maintained.
Variance (Section 18.75.080). “Variance” means a modification of a zoning requirement which will not be contrary to the public interest, and where, owing to a condition peculiar to the property and not the result of actions of the applicant, a literal enforcement of this title will result in an unnecessary and undue hardship.
Vehicle. “Vehicle” means any device capable of movement, including automobiles, buses, trucks, cars and vans, without regard to whether its primary purpose is to convey persons or objects, and even though it may be at the time immobilized.
Yard. “Yard” means an open space, other than a court as defined by the Uniform Building Code, on a lot which is unobstructed by any building or structure from the ground upward, except as provided in this title.
Zoning District. “Zoning district” means an area accurately defined as to the boundaries and location on the official zoning map and within which certain land use regulations, as prescribed by this title, apply.
Zoning Map. “Zoning map” means the zoning map or maps of the city, together with all amendments. (Ord. 2659 § 1, 2009; Ord. 2224 § 1, 2001: Ord. 1917 § 1 (part), 1997).