Chapter 17.06


17.06.010    Definitions.

17.06.010 Definitions.

The following definitions shall apply to this title:

Generally. The words set out in this chapter apply throughout this title. “Council” means the city council, “agency” means the planning agency of the city. “Shall” is always mandatory, the word “may” is permissive, subject to the judgment of the planning agency.

“Accessory structure” means a detached, subordinate structure, the use of which is clearly incidental and related to that of the principal structure or use of the land, and which is located on the same lot as the principal structure.

“Accessory use” means a use customarily incidental to and on the same lot as the principal use of a building or operation, and so necessary or commonly to be expected that it cannot be supposed that it was intended to be prohibited.

“Adjacent property” means property which is contiguous or touching at any point. Property which would be contiguous or touching except for the existence of a street, road, or right-of-way will be considered contiguous or touching.

“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.

“Agriculture” means the use of land for agricultural purposes including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, aviaries, and animal and poultry husbandry, and the necessary accessory uses for storing produce; provided the operation of such accessory uses shall be incidental to that of normal agricultural activities.

“Alley” means a public way 20 feet in width between property lines, which affords a secondary means of access to abutting property.

“Alternative energy facility” means a method of using wind, solar, biomass or other nontraditional means of producing energy for individual home use and/or providing excess energy production to an existing grid.

Auto Repair Facility. See “Repair facility.”

“Auto wrecking yard” means any lot or area used for the dismantling or disassembling of motor vehicles or trailers, mobile homes, manufactured homes, or the storage, sale or dumping of four or more dismantled, partially dismantled, obsolete or wrecked vehicles, or their parts.

“Boardinghouse” or “lodging house” means a dwelling or part thereof, other than a hotel, motel, or multifamily dwelling where lodging, with or without meals, is provided, for compensation, for three or more persons.

“Building height” means the vertical distance measured from the average grade to the highest point on the roof, ridge, or parapet wall.

“Building official” means the officer or other designated authority charged with the administration and enforcement of the building code or his or her duly authorized representative.

Cargo Container. “Cargo containers” or “containers” are steel sea- or ocean-going containers marked with the American Bureau of Shipping’s emblem or meeting the International Standard Organization’s standards, which can be detached from a trailer, chassis, or frame, and which were formerly used for transporting sea- or ocean-going cargo.

“City parks” shall be those properties owned or controlled by the city of Soap Lake and designated by the city council as city parks.

“Clinic” means a place where group medical services are performed not including the overnight housing of patients.

“Club” means an association of persons, religious or otherwise, for a common purpose, but not including groups which are organized primarily to render a service carried on as a business for a profit.

“Commercial coach” means a structure transportable in one or more sections that is built on a permanent chassis and designed to be used for commercial purposes with or without a permanent foundation when connected to the required utilities. A commercial coach is labeled with a black insignia in compliance with Washington State Department of Labor and Industries regulations.

“Comprehensive plan” means the generalized coordinated land use policy statement of the city adopted pursuant to the Growth Management Act.

“Conditional use” means a use conditionally allowed in one or more zones but which, because of characteristics particular to each such use, size, technological processes, equipment, or because of the exact location with respect to surroundings, streets, existing improvements, or demands upon public facilities, requires a special degree of control to determine if uses can be made compatible with the comprehensive plan, adjacent uses, and the character of the vicinity.

“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).

“Day care facility” means an agency or person regularly providing care for a group of children for periods of less than 24 hours.

“Density” means the number of dwelling units within a given unit of land.

“Development” means the construction or alteration of structures, dredging, dumping, filling, or removal of earth of any temporary or permanent nature.

“District” means a zoning district unless otherwise defined.

“Dwelling” means any building or portion thereof designed or used for a residence or sleeping place of one or more persons.

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.

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.

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.

“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.

“Factory-built housing” means a structure constructed in a factory of factory-assembled parts and transported to the building site in whole or in units and which is constructed to the standards of the Uniform Building Code. The completed structure is not a mobile/manufactured home.

“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.

“Feedlot” means a lot or area used for the feeding and fattening of animals for market.

“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).

“Grade (ground level)” means the average of the finished ground level at the center of all walls of a building.

“Gross floor area” means and includes all floor area within the exterior walls of a building, including areas in halls, storage, and partitions.

“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).

“Hazardous waste” means and includes all dangerous and extremely hazardous waste (RCW 70.105.010).

“Hotel” or “motel” means a facility offering transient lodging accommodations to the general public. The facility may also provide additional services, such as restaurants, meeting rooms, entertainment, and recreation facilities.

“Kennel” means any lot or premises on which four or more dogs over four months of age are kept.

“Landscaped” means an area in lawn, shrubbery, wood chips, rock, or other material that is maintained and kept free of debris and other nuisances.

“Lot” means a parcel of land under one ownership used or capable of being used under the regulations of this title, including both the building site and all required yards and open spaces as defined in “Lot, Corner,” “Lot depth,” “Lot, Inside,” “Lot, Through,” and “Lot width” below.

Lot, Corner. “Corner lot” means any lot which is located at the intersection of two or more streets. The shorter street frontage of such a lot shall constitute the front of the lot.

“Lot depth” means the horizontal distance between the front and rear property lines measured in the mean direction of the side property lines.

Lot, Inside. “Inside lot” means a lot other than a corner lot.

Lot, Through. “Through lot” means a lot which has frontage on two parallel or approximately parallel streets, or a lot that has a body of water or other natural barrier at the rear of the property which is parallel to the street.

“Lot width” means the horizontal distance between the side property lines measured at right angles to the depth at a point which is the required minimum building setback line in that zone in which the lot is located.

“Maintain” means to preserve and care for a structure, improvement, or area to such an extent that it remains attractive, safe, and presentable and carries out the purpose for which it was installed or constructed.

“Manufactured home” means a residential unit on one or more chassis for towing to the point of use and designed to be used with a foundation as a dwelling unit on a year-round basis, and which bears an insignia issued by a state or federal regulatory agency indicting that the manufactured home complies with all applicable construction standards of the U.S. Department of Housing and Urban Development definition of a manufactured home. A commercial coach, recreational vehicle, or motor home is not a manufactured home.

“Mobile home” means a factory-built residential structure constructed prior to June 15, 1976, and not in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (HUD Code).

Motel. For a definition of “motel,” see the definition of “Hotel” in this section.

“Nonconforming structure” means a structure conforming with respect to use, but that does not conform with respect to height, setback, coverage, or other requirements of this title regulating structures.

“Nonconforming use” means the use of any land or building which does not conform to the use regulations of this title for the zone in which it is located.

“Off-site hazardous waste treatment and storage” means facilities that treat and store waste from generators on properties other than those on which the off-site facilities are located.

“On-site hazardous waste treatment and storage” means facilities that treat and store wastes generated on the same, geographically contiguous, or bordering property.

“Parking lot” means any area of land, a yard or other open space area, used for or designated for the parking of motor vehicles.

“Parking space” means an off-street space with a minimum of nine feet in width and 20 feet in length used for or designated for the parking of motor vehicles, together with the area required to provide reasonable access to and from each space.

“Paved” means a hard surfaced area of portland cement or asphaltic concrete with a base approved by the city engineer.

“Private street” means a way that is privately built and maintained which affords the primary means of access to a planned development district, manufactured or mobile home park, or recreational vehicle park.

“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.

Property Line, Front. “Front property line” means the line separating the street from the front of the lot 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, a front line shall be designated by the building official before issuance of a building permit. A through lot shall be considered to have a front property line on each of the opposite streets upon which the lot abuts.

Property Line, Rear. “Rear property line” means the lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

Property Line, Side. “Side property line” means any lot line other than a front or rear lot line.

“Recreational vehicle” means vehicular type unit primarily designed as temporary living quarters for recreational, camping, travel, or seasonal use that either has its own motive power or is mounted on, or towed by, another vehicle. Recreational vehicles include camping trailers, fifth-wheel trailers, motor homes, travel trailers, and truck campers.

“Repair facility” means a business for the purpose of major and minor repair to motorized and nonmotorized transportation vehicles including but not limited to: cars, trucks, recreational vehicles, boats and other watercraft, snowmobiles, motorcycles, tractors and farm equipment and heavy equipment such as backhoes and loaders. For the purpose of this definition, major and minor repair includes but is not limited to: rebuilding or reconditioning of engines, mechanical repair such as brake service, transmission repair, hydraulic repair, air conditioning service, painting or paint shop, routine maintenance such as oil changes, tire replacement and repair, and other repair which requires specialized knowledge or tools. This definition differs from “service station” in that fuel is generally not sold and the extent of activity generally requires specific training and technical knowledge to perform the repair.

“Retail” means establishments engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of the goods. Retail establishments generally buy goods for resale and are engaged in activities to attract the general public to buy. The establishment may process or manufacture some of its products (such as a jeweler or bakery), but such processing or manufacturing is incidental or subordinate to the selling activities.

“School, elementary and secondary” means public or private institutions of learning having a curriculum below the college level as required by the common school provisions of the state of Washington.

“Senior citizen dwelling” shall be defined as private or subsidized apartment housing for individuals 62 years of age or older.

“Service area” means any area devoted to garbage or refuse containers, incinerators, the shipping and receiving of commodities, or the parking of trucks or other large vehicles used in the operation of an enterprise.

“Service station” means a retail business establishment supplying gasoline, oil, accessories and minor service for automobiles.

“Setback” means the distance between the property line and permitted building line as required in this title.

“Sign” means any sign as defined in Chapter 17.58 SLMC.

“Site” means either: (A) a parcel of unplatted land, a parcel in a binding site plan, a tract, or a lot in a subdivision; or (B) two or more contiguous parcels, tracts, or lots under one ownership without intervening right-of-way and identified or delineated as one development site; or (C) two or more contiguous parcels, tracts, or lots under different ownership, without intervening right-of-way, and identified or delineated as one development site.

“Storage” means the keeping of a quantity of goods, merchandise, or other materials in a manner or location which will require them to be rearranged or relocated before use or retail sales of the goods, merchandise, or other materials.

Storage – 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.

“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. Any portion of a building exceeding 14 feet in height shall be considered as an additional story for each 14 feet or major fraction thereof. If the finished floor level directly above the basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.

“Street” means a public right-of-way which provides the primary means of access to the abutting property.

“Structural alteration” means any change in the supporting members of a building such as bearing walls, columns, beams, girders, floor joints, ceiling joists, or roof rafters.

“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, which requires location on the ground or attached to something located in the ground, including swimming and wading pools, and covered patios, excepting outdoor areas such as paved areas, walks, tennis courts, and similar recreation areas.

“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.

“Utilities, local” means facilities and infrastructure provided by a public agency, utility district, or franchise which convey essential services throughout a neighborhood area or within the community. These facilities include but are not limited to local water and waste water lines and pump stations, electrical distribution lines and substations, natural gas distribution pipelines, local telecommunication facilities, and storm water retention and conveyance systems.

“Utilities, regional” means facilities and infrastructure provided by a public agency, utility, or franchise which convey essential services throughout the area beyond but including Soap Lake. These facilities include but are not limited to regional water storage tanks, reservoirs, and booster stations; waste water interceptors, pump stations, and treatment facilities; electrical transmission substations and lines 115 kV and greater, regional natural gas pipelines and gate stations, and regional telecommunication facilities.

“Utility easement” means a nonrestrictive easement granted to the city for the express use of locating public utilities.

“Variance” means official permission to be relieved from specific development code requirements that cause an unusual or unreasonable hardship due to the physical characteristics of the site or existing improvements.

“Warehousing” means the use of a building primarily for the long-term storage of goods and materials.

“Wholesale” means establishments primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, construction contractors, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies.

Yard, Front. “Front yard” means the required open space adjoining the front property line and extending across the full width of the lot to a depth equal to the minimum permitted horizontal distance between the front property line and any part of a building on the lot save as elsewhere excepted in this title.

Yard, Rear. “Rear yard” means the required open space adjoining the rear property line and extending across the full width of the lot on inside lots, and from the side yard flanking a public street to the opposite side property line on corner lots and having a depth equal to the minimum permitted horizontal distance between the rear property line and any part of the main building on the lot, save as elsewhere excepted in this title.

Yard, Side. “Side yard” means the required open space adjoining the side property line and extending from the required front yard to the required rear yard on inside lots, and to the rear property line on corner lots along the side flanking a public street, or in the absence of such required yards to the front or rear property lines, and having a width equal to the minimum permitted horizontal distance between the side property line, and any part of the main building on the lot line.

“Zoning administrator” means the person who is charged by the mayor with the administration and enforcement of this title.

“Zoning ordinance” means the zoning ordinance of the city as codified in this title. (Ord. 1130 § 1, 2011; Ord. 1105 § 1, 2009).