Chapter 15.04
DEFINITIONS
Sections:
15.04.010 Explanation.
This chapter defines technical and procedural terms used throughout this code in order to simplify wording, give meaning of a technical term, or to eliminate ambiguity. Some definitions differ from definitions of the same words in standard dictionaries. Where this occurs, the definitions in this code will prevail. Words not defined will be presumed to have common and universally accepted dictionary meanings. (Ord. 1593, 1998)
15.04.020 Definitions.
“Accessory use” or “accessory building” means a subordinate use or building (one-story detached), customarily incidental to, and located upon the same lot occupied by, the main use or building (e.g., a storage shed or a garage).
“Administrative appeal” means an appeal to the planning commission of a decision made by the city planner.
“Adult family home” means the regular family abode of a person or persons who are providing personal care, room, and board, under a license issued pursuant to RCW 70.128.060, to more than one but not more than four adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults 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 70.128.010).
“Alley” means a public thoroughfare or way that provides only a secondary means of access to abutting property.
“Applicant” means a person or persons submitting an application to the city of Raymond for any type of permit or approval covered in this code.
“Auxiliary dwelling unit” means an additional dwelling unit, including separate kitchen, sleeping, and bathroom facilities, either within the primary residential dwelling unit or separate from the primary residential dwelling unit, on a single-family lot.
“Bed and breakfast” means a residential type building, or portion of the building, other than a hotel or motel, where for compensation lodging and a morning meal is provided for patrons, not including members of the owner, occupant, or tenant occupant family.
“Billboard” means a sign, including both the supporting structural framework and attached billboard faces, used principally for advertising a business activity, use, product, or service unrelated to the primary use of the property on which the billboard is located; excluding off-premises directional signs or temporary real estate signs.
“Binding site plan” means a drawing to a scale specified by the regulations of this code which:
1. Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations;
2. Contains inscriptions or attachments setting forth appropriate limitations and conditions for the use of the land; and
3. Contains provisions making any development be in conformity with the binding site plan.
“Block” means a group of lots, tracts, or parcels within well-defined and fixed boundaries.
“Buffer strip” means an area of land or a structure used or created for the purpose of insulating, separating, or screening a structure or land use from other land uses or structures, in such a manner as to reduce or mitigate any adverse impacts of one or the other.
“Building” means any structure having a roof, but excluding all forms of vehicles (e.g., a recreational vehicle or “RV”), even if it is immobilized.
“Building height” means the vertical distance from average grade level to the highest point of a building or structure, excluding any chimney, antenna or other uninhabitable vertical appurtenances.
“Building inspector” means the building inspector of the city of Raymond, Washington.
“Building permit” means the permit required for new construction and additions pursuant to RMC Title 2.
“City” means the city of Raymond, Washington.
“City attorney” means the city attorney of the city of Raymond, Washington.
“City council” means the city council of the city of Raymond, Washington.
“City engineer” means the city engineer of the city of Raymond, Washington.
“City planner” as used in this code means the city engineer, or his or her designee, of the city of Raymond, Washington.
“Closed record appeal” means an administrative appeal on the record to the city council, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. [RCW 36.70B.020(1)]
“Clothing boutique” means a clothing store of less than 1,000 square feet.
“Clothing store” means a retail business where clothes are sold.
“Completion security” means a bond or other acceptable surety deposited by an applicant with the city to ensure completion within one year of improvements required to obtain a permit or approval.
“Comprehensive flood hazard management plan” means the most recent edition of the city of Raymond comprehensive flood hazard management plan.
“Comprehensive plan” means the most recent edition of the city of Raymond comprehensive plan.
“Comprehensive water plan” means the most recent edition of the city of Raymond comprehensive water plan.
“Conditional uses” means certain uses which, because of special requirements or unusual characteristics related to the subject property, or because of possible detrimental effects on surrounding properties, may be permitted in use districts if found under the conditional use section, and after the granting of a conditional use permit by the city council. Conditional uses require 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.
“Convalescent home” or “nursing home” means an establishment providing nursing, dietary, and other personal services to convalescents, invalids, or aged persons.
“Convenience store” means a retail business of less than 1,000 square feet which primarily caters to residents of the same neighborhood.
“County assessor” means the assessor of Pacific County, Washington.
“County auditor” means the auditor of Pacific County, Washington.
“Decision” means a final determination by the city council, planning commission, or city planner, as applicable, on applications for permits or approvals or on appeals.
“Decision-making body” means the body with final approval authority for any given application.
“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate will be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication; and, the acceptance by the public will be evidenced by the approval of such plat for filing by the city council or city planner, as appropriate.
“Density” means the permissible number of dwelling units that may be developed on a specific amount of land area measured in number of dwelling units per gross acre (see definition for “gross acreage”).
“Determination of completeness” means the determination made by the city planner as to whether a project permit application is complete or incomplete. [RCW 36.70B.070]
“Developer” means a person who is responsible for any undertaking that requires a permit or approval from the city of Raymond.
“Development” or “development activity” means any human-made change to improved or unimproved real estate, including but not limited to:
1. Construction, clearing, grading, filling, excavating, paving, dredging, mining, drilling, or otherwise significantly disturbing the soil of a site;
2. Building, installing, enlarging, replacing, or substantially restoring a structure, impervious surface, or water management system;
3. Subdividing land into two or more parcels;
4. Construction of a permanent sign unless expressly exempted by this code;
5. Alteration of a historic property for which authorization is required by this code; or
6. Changing the use of a site so that the need for parking is increased.
“Development permit” or “development approval” means any written authorization from the city which authorizes the commencement of a development activity.
“District” means a portion of the incorporated area of the city within which certain regulations and requirements apply under the provisions of this code.
“Duplex” means a building used or intended to be used as a home of two families living independently of each other and having two separate kitchen facilities.
“Dwelling unit” means a building or portion of a building designed for occupancy by one family for residential purposes and having kitchen facilities.
“Emergency repair” means work necessary to prevent destruction or dilapidation to real property or its structures immediately threatened or damaged by fire, flood, earthquake, or other disaster.
“Essential public facilities” means public facilities and privately owned or privately operated facilities serving a public purpose that are typically difficult to site. They include:
1. Type One: Multi-county facilities on the state Office of Financial Management list of future projects. These are major facilities serving or potentially affecting more than one county. These facilities include, but are not limited to, regional transportation facilities, such as regional airports; state correction facilities; and state education facilities.
2. Type Two: These are local or inter-local facilities serving or potentially affecting residents or property in more than one jurisdiction. They could include, but are not limited to, county jails, county landfills, community colleges, sewage treatment facilities, communication towers, and inpatient facilities (e.g., substance abuse facilities and mental health facilities). [Note: Facilities that would not have impacts beyond the jurisdiction in which they are proposed to be located would be Type Three facilities.]
3. Type Three: These are facilities serving or potentially affecting only the jurisdiction in which they are proposed to be located.
“Family” means any number of individuals living together as a single housekeeping unit and doing their cooking on the premises.
“Family day-care provider” means a residential facility where supervision is provided for periods less than 24 hours for 12 or fewer children from birth to 11 years of age, exclusive of members of the occupant’s family. Such facility must be operated in accordance with state requirements.
“Fee schedule” means the most current list of the fees required for submitting applications to the city under this code, adopted by resolution of the city council.
“General sewer plan” means the most recent edition of the general sewer plan of the city of Raymond.
“Grade” means a ground elevation established for the purpose of regulating the height of the structure. The building grade is the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade is determined by averaging the elevation of the ground for each face of the building.
“Group home” means a facility that provides board, domiciliary care and social services to a group of five or more dependent children.
“Home occupation” means an occupation carried on entirely within a residence by the occupants. RMC 15.48.120 lists criteria that must continuously be met for home occupations. The activities associated with the home occupation must:
1. Be clearly incidental to the use of the residence as a dwelling;
2. Not change the residential character of the dwelling;
3. Be conducted in such a manner as to not give any outward appearance (other than a sign in accordance with Chapter 15.80 RMC) or manifest any characteristic of a business; and
4. Not infringe upon the right of neighboring residents to enjoy a peaceful occupancy of their homes for which purpose the residential zone was created and primarily intended.
“Hotel” or “motel” means a building, or group of buildings, designed or used for transient rental of five or more guest rooms. A central kitchen and dining room and accessory shops and services catering to the general public may be provided. Motels are designed to accommodate automobile tourists and parking spaces or garages are conveniently located near each guestroom. Not included in this definition are institutions housing persons under legal restraint or requiring medical attention or care.
“JARPA” means the Joint Aquatic Resource Permits Application, which is completed whenever work is proposed in or near water.
“Judicial appeal” means an appeal to the Pacific County Superior Court of a decision made by the city council.
“Lot” means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area and having frontage upon a street or alley. The term includes tracts and parcels.
“Lot area” means the total land space or area contained within the boundary lines of any lot, tract, or parcel of land, and may be expressed in square feet or acres (also see definition for “gross acreage”).
“Maintenance security” means a bond or other acceptable surety deposited by an applicant with the city to:
1. Cover the cost of replacing or repairing any or all required site improvements; and
2. Warrant against defects in labor and material, and against any damage or defects caused by construction activity on the site, for a period of two years from acceptance by the city.
“Manufactured home” means a single-family dwelling built after June 15, 1976, in accordance with the Department of Housing and Urban Development (HUD) Manufactured Home Construction and Safety Standards Act, which is a national, preemptive building code.
“Manufactured home standards” means the manufactured home construction and safety standards as promulgated by the United States Department of Housing and Urban Development (HUD).
“Mobile home” means a factory-built dwelling built before June 15, 1976, to standards other than the HUD code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since introduction of the HUD Manufactured Home Construction and Safety Standards Act.
“Mobile home park” means a parcel (or contiguous parcels) of land divided into two or more mobile or manufactured home lots or spaces for rent or sale.
“Mobile or manufactured home installation” means all on-site work necessary for the installation of a mobile or manufactured home, including, but not limited to:
1. Construction of the foundation system;
2. Installation of the support piers;
3. Required connection to foundation system and support piers;
4. Skirting;
5. Connections to the on-site water and sewer systems that are necessary for the normal operation of the home; and
6. Extension of the pressure relief valve for the water heater.
“Multifamily housing” means a building or portion of a building used or intended to be used as a home of three or more families living independently of each other and having separate kitchen facilities for each family.
“Net acreage” means the acreage of a lot or parcel including streets and sidewalks, but not including any undevelopable acreage (e.g., critical areas) that may be on the lot or parcel.
“Nonconforming building” or “nonconforming use” or “nonconforming lot” means a building, use, or lot lawfully existing on the date the ordinance codified in this title becomes effective, which does not conform with the regulations of the zoning district in which it is located.
“Nursing home” (see “convalescent home”).
“Open record hearing” means a hearing that creates the city’s record through testimony and submission of evidence and information, under procedures prescribed by the city by ordinance or resolution. An open record hearing may be held before a local government’s decision on a project permit to be known as an “open record pre-decision hearing.” An open record hearing may be held on an appeal, to be known as an “open record appeal hearing,” if no open record pre-decision hearing has been held on the project permit. [RCW 36.70B.020(3)]
“Ordinary repair and maintenance” means work for which a permit is not required by law, and where the purpose and effect of such work is to correct any deterioration or decay of or damage to the real property or structure and to restore, as nearly as may be practicable, to the condition it was in before the deterioration, decay, or damage occurred.
“Overlay zone” means a set of zoning regulations which is applied to the zoning map and imposed in addition to regulations of the underlying district. Developments within the overlay zone must conform to the requirements of both zones.
“Owner of property” means the fee simple owner of record as exists on Pacific County assessor records.
“Pacific County road standards” means the latest edition of the Pacific County road standards.
“Permit-issuing authority” means the person or body that has the authority, according to this code, to issue the permit or approval in question.
“Permitted use” means any authorized use allowed alone or in conjunction with another use in a specified district and subject to the limitations of the regulations of such use district.
“Planned residential development” or “PRD” means developments including mobile home parks, multifamily housing, condominiums, and other alternative housing facilities.
“Planning commission” means the planning commission of the city of Raymond, Washington.
“Plat” means a map or representation of a subdivision, showing the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.
“Plat, final” means the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this code.
“Plat, preliminary” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of Chapter 15.66 RMC. The preliminary plat is the basis for the approval or disapproval of the general layout of a subdivision.
“Plat, short” means the map or representation of a short subdivision.
“Project permit” or “project permit application” means any land use or environmental permit or license required from the city for a project action, including, but not limited to building permits, subdivisions, binding site plans, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, and site-specific rezones authorized by a comprehensive plan. [RCW 36.70B.020(4)]
“Raymond Unified Development Code” or “this code” means Title 15 of the Raymond Municipal Code.
“RMC” means the Raymond Municipal Code.
“RCW” means the Revised Code of Washington.
“Restricted use” means that the use is not allowed in a particular zoning district.
“Rezone” means a change in zoning classification of an area from one use district to another.
“Sexually oriented business” means an adult bookstore, adult novelty store, adult video store, adult theater, or any combination of the above.
“Shoreline master program” means the most recent edition of the city of Raymond shoreline master program.
“Signs, direct lighting” means the light comes from within or behind the sign and shines through the sign to illuminate it.
“Signs, indirect lighting” means the light is located in front of the sign and shines onto the surface of the sign to illuminate it.
“Single-family residence” means a building arranged or designed to be occupied by not more than one family.
“Site plan” means a drawing of a proposed project drawn to scale.
“Site plan review” means the process which is intended to provide for the examination of site and building development proposals in any of the following circumstances:
1. New construction in a commercially zoned or industrially zoned area;
2. Expansion or remodel of any building or other structure in commercially zoned or industrially zoned areas by more than 20 percent of its existing floor area, or overall size in cases where floor area is not applicable.
“Structure” means a human-made object of any kind, which is built or constructed, or any piece of work built up or composed of parts joined together in some definite manner and affixed to the earth.
“Subdivision” means the division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership, except as provided under “short subdivision.”
“Subdivision, short” means the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.
“Temporary retail sales” means a retail trade or service with a business license lasting 30 days or less.
“Urban growth area” means that area designated by the city’s comprehensive plan as the city’s urban growth area.
“Use district” means an area or district specifically designated so as to group similar and compatible uses together.
“Variance” means a waiver of one or more specific physical (rather than use) standards (such as bulk, yard, or site coverage) due to the existence of a special condition or hardship that is peculiar to the land, structure, or building involved, not created by the property owner. A “minor variance” involves a request for changes to setbacks required for garages. A “variance” involves a request for any other kind of change to zoning requirements.
“WAC” means Washington Administrative Code.
“Yard, front” means an open, unoccupied space extending across the full width or depth of the lot, between the building (exclusive of steps) and the property line adjacent to the street.
“Yard, rear” means an open unoccupied space extending across the full width or depth of the lot, between the building (exclusive of steps, porches, and accessory buildings) and the rear line of the lot.
“Yard, side” means an open, unoccupied space extending across the full width or depth of the lot, between the building and the side line of the lot.
“Zone” means a land use area or district established by the city council. (Ord. 1593, 1998)