Chapter 17.10 DEFINITIONS

A. For the purposes of the zoning code, all words used in this code shall have their normal and customary meanings, unless specifically defined otherwise in this code.

B. Words used in the present tense include the future.

C. The plural includes the singular and vice versa.

D. The words “will” and “shall” are mandatory.

E. The word “may” indicates that discretion is allowed.

F. The word “used” includes designed, intended or arranged to be used.

G. The masculine gender includes the feminine and vice versa.

H. Distances shall be measured horizontally unless otherwise specified.

I. The word “building” includes a portion of a building or a portion of the lot on which it stands. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.040 Accessory dwelling.

“Accessory dwelling” is a separate dwelling unit integrated within a single-family dwelling or commercial building, or one located as a detached accessory dwelling located on the same lot as a single-family dwelling. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.050 Accessory use or accessory building.

“Accessory use” or “accessory building” means a use, structure, building, or portion of a building devoted to an activity or use subordinate to the principal use of the premises, but located on the same lot as the principal use. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.054 Administrator or zoning administrator.

“Administrator” or “zoning administrator” means the mayor of the town of Waterville or his/her designee. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.056 Adult family home.

“Adult family home” means the regular family abode of a person or persons who are providing personal care, room and board to more than one but not more than four people with functional disabilities who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six persons may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for by law (RCW 70.128.110). (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.057 Agricultural equipment and agricultural facilities.

“Agricultural equipment” and “agricultural facilities” include, but are not limited to: (A) the following used in commercial agricultural operations: equipment; machinery; constructed shelters, buildings, and ponds; fences; water diversion, withdrawal, conveyance, and use equipment and facilities including, but not limited to, pumps, pipes, taps, canals, ditches, and drains; (B) corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands; (C) farm residences and associated equipment, lands, and facilities; and (D) roadside stands and on-farm markets for marketing fruit or vegetables. (Ord. 815 § 3 (Exh. A), 2020; Ord. 758 § 1, 2015).

17.10.057.1 Agricultural products.

“Agricultural products” includes, but is not limited to, horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within 20 years of planting; and livestock including both the animals themselves and animal products including, but not limited to, meat, upland finfish, poultry and poultry products, and dairy products. (Ord. 815 § 3 (Exh. A), 2020; Ord. 758 § 1, 2015).

17.10.058 Agriculture.

“Agriculture” and “agricultural activities” mean agricultural uses and practices including, but not limited to: producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities; and maintaining agricultural lands under production or cultivation. Agriculture and agricultural activities are divided into two general categories:

A. Commercial: agriculture on a commercial scale as the primary source of income for the landowner, that may or may not require a license from state and/or federal governments; and

B. Hobby: agriculture conducted on a small scale as a supplement to the landowner’s income that does not require a license from state and/or federal governments. (Ord. 815 § 3 (Exh. A), 2020; Ord. 758 § 1, 2015; Ord. 635 § 1, 2003).

17.10.058.1 Agriculture, irrigated.

“Agriculture, irrigated” means agricultural products production is dependent on water supplied by the town. (Ord. 815 § 3 (Exh. A), 2020; Ord. 758 § 1, 2015).

17.10.058.2 Agriculture-related industry.

“Agriculture-related industry” means:

A. Packaging plants that may include but are not limited to the following activities: washing, sorting, milling, crating, canning, freezing and other functional operations such as drying, field crushing or other preparation in which the chemical and physical composition of the agricultural product remains essentially unaltered. Processing activities such as slaughterhouses, animal reduction yards, and tallow works shall not be considered packaging plants.

B. Processing plants that may include but are not limited to those activities which involve the pasteurization, fermentation or other substantial chemical and physical alteration of agricultural products. Activities such as slaughterhouses, animal reduction yards and tallow works shall not be considered processing plants.

C. Storage facilities that may include those activities which involve the warehousing (dry, cold and/or wet) of processed and/or packaged agricultural products. (Ord. 815 § 3 (Exh. A), 2020; Ord. 758 § 1, 2015).

17.10.058.3 Agriculture-related industry, water dependent.

“Agriculture-related industry, water dependent” means an agriculture-related industry that requires town-supplied water for the packaging, processing or storage of agricultural products. (Ord. 815 § 3 (Exh. A), 2020; Ord. 758 § 1, 2015).

17.10.060 Alley.

“Alley” means a public thoroughfare or way which affords only a secondary means of access to abutting property but not intended for general traffic circulation. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.070 Alteration.

“Alteration” means a change or rearrangement of the structural parts of existing facilities or an enlargement by extending the side or increasing the height or depth or moving from one location to another. In buildings for business, commercial, industrial or similar uses, the installation or rearrangement of partitions affecting more than one-third of a single floor area shall be considered an alteration. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.080 Amendment.

“Amendment” means a change in the wording, context or substance of this title or a change in the zone boundaries upon the zoning maps adopted hereunder. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.082 Animal shelter.

“Animal shelter” means a building or structure (including outdoor fenced cages or yards) for the care of lost, abandoned, homeless or injured animals, whether domestic or wild. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.084 Applicant.

“Applicant” means any person, entity or government agency that applies for a development proposal, permit or approval subject to review under town codes and ordinances. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.086 Application.

“Application” means a request for any permit or approval required from the town for proposed development or action, including, without limitation, building permits, conditional uses, binding site plans, short subdivisions, major subdivisions, variances, site plan development permits, site plan reviews and site-specific zoning district reclassifications. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.088 Automobile-oriented use.

“Automobile-oriented use” means any use of land which provides a service directly to a motor vehicle; or which provides goods or services to the occupants of a motor vehicle while seated therein; or which is a freestanding eating establishment characterized by over-the-counter service of prepared or quickly prepared food which is ready to eat and packaged primarily for consumption in vehicles or off-premises. For the purpose of this title, automobile-oriented uses shall include, but not be limited to, such uses as service stations, car washes, drive-in banks, drive-in laundries or dry cleaners, and freestanding drive-in or carryout eating establishments. Automobile-oriented uses shall not be interpreted to include vehicle sale, rental and service establishments. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.089 Automobile wrecking yard.

“Automobile wrecking yard” means an area in which is conducted the dismantling and/or wrecking of used motor vehicles, machinery or trailers, or the storage or sale of dismantled, obsolete or wrecked vehicles or parts, or the storage of motor vehicles unable to be moved under the power of the vehicle and which are held for the purpose of dismantling, sale, or wrecking. This definition shall not apply to junk vehicles or public nuisance vehicles as enumerated in WMC Titles 8 and 10. (Ord. 815 § 3 (Exh. A), 2020; Ord. 779 § 1(A), 2017; Ord. 768 § 2, 2016; Ord. 635 § 1, 2003. Formerly 17.10.798).

17.10.090 Bed and breakfast room/inn.

“Bed and breakfast room/inn” means an owner-occupied single-family dwelling in which not more than three bedrooms for not more than six guests total are rented for money or other consideration to the traveling public with the provisions for food service in accordance with Chapter 246-215 WAC for guests only. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.100 Boarding house.

“Boarding house” means an owner-occupied dwelling unit in which not more than four unrelated roomers, lodgers or boarders are housed or fed for compensation. “Boarding house” shall not include rest home or convalescent home. (Ord. 815 § 3 (Exh. A), 2020; Ord. 775 § 2(B), 2016; Ord. 635 § 1, 2003).

17.10.108 Building.

“Building” means a structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.110 Building area, building site.

“Building area” or “building site” means the portion of a lot within which a structure may be built, bounded by the setbacks, lot coverage standards and other applicable provisions of the Waterville Municipal Code. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.112 Building height.

“Building height” means the vertical distance measured from the average elevation of the natural grade adjacent to the building foundation, to the highest point of the roof, excluding chimneys, antennas, and other secondary roof structures. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.114 Building line.

“Building line” means a line, fixed parallel to the lot line, beyond which a building cannot extend. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.116 Bus stop.

“Bus stop” means a facility where bus passengers are picked up and dropped off, including waiting areas, but not including service or storage facilities for buses. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.118 Cannabis or marijuana.

“Cannabis or marijuana” means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. For the purposes of this title, “cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. The term “cannabis” includes cannabis products and usable cannabis. (Ord. 815 § 3 (Exh. A), 2020; Ord. 775 § 2(A), 2016).

17.10.119 Cannabis products.

“Cannabis products” means products that contain cannabis or cannabis extracts, have a measurable THC concentration greater than three-tenths of one percent, and are intended for human consumption or application, including, but not limited to, edible products, tinctures, and lotions. The term “cannabis products” does not include usable cannabis. The definition of “cannabis products” as a measurement of THC concentration only applies to the provisions of this title and shall not be considered applicable to any criminal laws related to marijuana or cannabis. (Ord. 815 § 3 (Exh. A), 2020; Ord. 775 § 2(A), 2016).

17.10.120 Caretaker’s residence.

Repealed by Ord. 848. (Ord. 815 § 3 (Exh. A), 2020; Ord. 728 § 3, 2012).

17.10.130 Commercial.

“Commercial” means a business use or activity at a scale greater than home occupation involving retail or wholesale marketing of goods and services. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.135 Comprehensive plan.

“Comprehensive plan” means the comprehensive land use plan of the town of Waterville. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.140 Conditional use.

“Conditional use” means a use allowed in one or more zones which, because of special requirements, unusual character, size or shape, infrequent occurrence or possible detrimental effects on surrounding property and for other similar reasons, may be allowed in certain use districts only by the granting of a conditional use permit as described in this title. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.150 Condominium.

“Condominium” means a single or a multi-unit dwelling, each of whose resident (unit) owner enjoys exclusive ownership of his individual apartment or unit, holding title thereto, while retaining an undivided interest, as tenants in common, in the common facilities and areas of the building and grounds which are used by all the residents of the condominium. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.155 Convenience store.

“Convenience store” means a small often franchised market that is open long hours that stocks a range of everyday items such as coffee, groceries, snack foods, confectionery, soft drinks, ice creams, tobacco products, lottery tickets, beer and wine, over-the-counter drugs, toiletries, newspapers and magazines. (Ord. 848 § 3 (Exh. A), 2023).

17.10.160 Cottage winery.

“Cottage winery” means a small-scale winery with less than 500 gallons of production per year and does not include a wine tasting room or retail area. (Ord. 815 § 3 (Exh. A), 2020; Ord. 660 § 3, 2005).

17.10.165 Cryptocurrency mining.

“Cryptocurrency mining” means the operation of specialized computer equipment for the primary purpose of mining one or more blockchain-based cryptocurrencies such as Bitcoin. This activity typically involves the solving of algorithms as part of the development and maintenance of a blockchain which is a type of distributed ledger maintained on a peer-to-peer network. Typical physical characteristics of cryptocurrency mining include specialized computer hardware; high density load (HDL) electricity use; a high energy use intensity (EUI) where the operating square footage as determined by the utility is above 250kWh/ft^2/year and with a high load factor in addition to the use of equipment to cool the hardware and operating space. For the purposes of the associated regulations, cryptocurrency mining does not include the exchange of cryptocurrency or any other type of virtual currency nor does it encompass the use, creation, or maintenance of all types of peer-to-peer distributed ledgers. (Ord. 815 § 3 (Exh. A), 2020).

17.10.170 Dangerous waste.

“Dangerous waste” means those wastes designated in WAC 173-303-070 through 173-303-103 and subsequent amendments, as dangerous or extremely hazardous. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.175 Data center.

“Data center” means a facility where the primary use is to house and operate networked computer systems and associated components that include, but may not be limited to, power supply, data communications connections, environmental controls, and security devices. (Ord. 815 § 3 (Exh. A), 2020; Ord. 775 § 2(A), 2016).

17.10.180 Day care center.

“Day care center” means a day care facility regularly providing care of 13 or more children. State law provides that 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. Such facilities are licensed by the Department of Social and Health Services under Chapter 74.15 RCW and Chapter 388-150 WAC (WAC 212-12-005). (Ord. 815 § 3 (Exh. A), 2020; Ord. 775 § 2(A), 2016).

17.10.181 Day care center, mini.

“Mini day care center” means an agency licensed by the state regularly providing care of 12 or fewer children in a facility other than the family abode of the person or persons under whose direct care and supervision the child is placed; or the care of from seven through 12 children in the family abode of such person or persons. (Ord. 815 § 3 (Exh. A), 2020; Ord. 775 § 2(A), 2016).

17.10.182 Day care, family home.

“Family day care home” means an agency licensed by the state regularly providing care during part of the 24-hour day to six or fewer children in the family abode of the person or persons under whose direct care the children are placed. (Ord. 815 § 3 (Exh. A), 2020; Ord. 775 § 2(A), 2016).

17.10.190 Density.

“Density” means the maximum number of permitted dwelling units allowed on each gross acre of land or fraction thereof. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.200 Detached building.

“Detached building” means a building surrounded on all sides by open space. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.204 Developer.

“Developer” means any person, corporation, government agency, partnership or other entity that makes application for a proposal, permit, approval or action governed by the codes and ordinances of the town. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.206 Development.

“Development” means any manmade use or change to improved or unimproved real estate, including, without limitation, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any buildings or any other structures; mining, filling, stockpiling; excavation and grading; and divisions of land. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.210 Drive-up food service.

“Drive-up food service” means an establishment which by design, physical facilities, service or packaging procedures encourages or permits customers to receive food service while remaining in a motorized vehicle. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.215 Dwelling, duplex.

“Dwelling, duplex” means a single structure containing two dwelling units designed for occupancy by two families and connected by a common vertical wall or, in the case of multi-story building, by a common ceiling and floor. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.220 Dwelling, multifamily.

“Multifamily dwelling” means a building containing three or more individual dwelling units. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.225 Dwelling, single-family.

“Single-family dwelling” means a detached building containing one dwelling unit. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.230 Dwelling unit.

“Dwelling unit” means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. (Ord. 815 § 3 (Exh. A), 2020; Ord. 775 § 2(A), 2016).

17.10.240 Easement, access.

“Access easement” means a private right-of-way not less than 20 feet wide which provides vehicular access to a street. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.242 Elementary school.

“Elementary school” means a school for early education that provides the first four to eight years of basic education and is recognized by the Washington State Superintendent of Public Instruction. (Ord. 815 § 3 (Exh. A), 2020; Ord. 775 § 2(A), 2016).

17.10.245 Engineer.

“Engineer” means an individual licensed as a civil engineer pursuant to Chapter 18.48 RCW as now exists or may be hereafter amended. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.250 Essential public facilities.

“Essential public facilities” means those facilities typically difficult to site, such as airports, state education facilities, state or regional transportation facilities, correctional facilities, solid waste handling facilities, substance abuse facilities, etc. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.255 Family.

“Family” means an individual, or two or more persons related by blood, marriage, adoption or legal guardianship, living together in a dwelling unit in which meals or lodging may also be provided for not more than two additional persons excluding servants; or a group of not more than five unrelated persons living together in a dwelling unit. Persons with functional disabilities, as defined in this title, shall be considered the same as related individuals. (Ord. 815 § 3 (Exh. A), 2020; Ord. 775 § 2(A), 2016).

17.10.260 Fence.

“Fence” means a masonry wall, or a barrier composed of posts connected by boards, rails, panels or wire for the purpose of enclosing space or separate parcels of land, but not including retaining walls, fence or boundary formed by a dense row of shrubs, plants, or low trees. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.265 Floor area.

“Floor area” means the total area of all floors of a building as measured to the outside surfaces of exterior walls and including halls, stairways, elevator shafts and basements. Minimum floor area calculations shall not include attached or detached garages, porches, decks or balconies. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.270 Foster home.

“Foster home” means a home licensed and regulated by the state and classified by the state as a foster home. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.275 Game arcade.

“Game arcade” means an entertainment venue featuring primarily video games, simulators, and/or other amusement devices where persons under 21 years of age are not restricted. (Ord. 815 § 3 (Exh. A), 2020; Ord. 775 § 2(A), 2016).

17.10.280 Garage, parking or commercial.

“Parking or commercial garage” means a building used for storage, repair or servicing of motor vehicles as a commercial use. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.290 Garage, private.

“Private garage” means an accessory building or space within the principal building intended for use of storage of vehicles. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.300 Generator.

“Generator” means any person, business, corporation, government or its operation, whose act or process produces dangerous or hazardous waste or whose act first causes a dangerous waste to become subject to regulation under the dangerous waste regulations, Chapter 173-303 WAC or its successor. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.310 Grade.

“Grade” is defined as the average of the finished ground level at the center of all exterior walls of a building. In case walls are parallel to and are within five feet of a sidewalk, the sidewalk shall be considered the finished ground level. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.312 Grade, average.

“Average grade” means the average of the natural or existing topography at the center of all exterior walls of a building or structure to be placed on a site. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.314 Grade, natural.

“Natural grade” means the elevation of the ground surface in its natural state, before human-made alterations. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.320 Handling and processing of hazardous waste.

“Handling and processing of hazardous waste” means the use, manufacture, production, storage or other activity involving hazardous substances. Hazardous substance handling is normally found in commercial, industrial and manufacturing activities. It does not include individually packaged household consumer products where quantities of hazardous substances are less than five gallons per container. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.330 Hazardous substances.*

“Hazardous substances” or “hazardous materials” means those substances or materials identified as such under regulations adopted pursuant to the Federal Hazardous Materials Transportation Act, the Toxic Substances Control Act, the Resource Recovery and Conservation Act, the Comprehensive Environmental Response Compensation and Liability Act, the Federal Insecticide, Fungicide, and Rodenticide Act, the Occupational Safety and Health Act Hazardous Communications Standards, and the State Hazardous Waste Act. (Ord. 815 § 3 (Exh. A), 2020; Ord. 811 § 3, 2019; Ord. 635 § 1, 2003).

* Code reviser’s note: These provisions, added by Ord. 635 as § 17.10.380, have been renumbered to preserve alphabetization.

17.10.340 Hazardous waste.*

“Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70.105.010(15) or its successor, except for moderate risk waste as set forth in RCW 70.105.010(17) or its successor. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

* Code reviser’s note: These provisions, added by Ord. 635 as § 17.10.330, have been renumbered to preserve alphabetization.

17.10.350 Hazardous waste storage.*

“Hazardous waste storage” means the holding of hazardous waste for a temporary period, as regulated by the state dangerous waste regulations, Chapter 173-303 WAC or its successor. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

* Code reviser’s note: These provisions, added by Ord. 635 as § 17.10.360, have been renumbered to preserve alphabetization.

17.10.360 Hazardous waste treatment.*

“Hazardous waste treatment” means the physical, chemical, or biological processing of hazardous waste for the purpose of rendering these wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume, as regulated by the state dangerous waste regulations, Chapter 173-303 WAC or its successor. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

* Code reviser’s note: These provisions, added by Ord. 635 as § 17.10.370, have been renumbered to preserve alphabetization.

17.10.370 Hazardous waste treatment and storage facility, off-site.*

“Off-site hazardous waste treatment and storage facility” means treatment and storage facilities which treat and store hazardous waste generated on a property other than those on which the facilities are located. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

* Code reviser’s note: These provisions, added by Ord. 635 as § 17.10.340, have been renumbered to preserve alphabetization.

17.10.380 Hazardous waste treatment and storage facility, on-site.*

“On-site hazardous waste treatment and storage facility” means treatment and storage facilities which treat and store hazardous waste generated on the same property. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

* Code reviser’s note: These provisions, added by Ord. 635 as § 17.10.350, have been renumbered to preserve alphabetization.

17.10.400 Home occupation.

“Home occupation” means an economic enterprise to make and/or sell a product or perform a service that is conducted or operated within a residential dwelling unit, or building accessory to a residential dwelling unit, by the resident occupant or owner, and which use shall be clearly incidental and secondary to the residential use of the dwelling unit, including the use of the dwelling unit as a business address in a directory or as a business mailing address. (Ord. 815 § 3 (Exh. A), 2020; Ord. 671 § 1, 2006; Ord. 635 § 1, 2003).

17.10.402 Home occupation, Group A.

“Home occupation, Group A” means a home occupation, as defined herein, that does not involve customers coming and going from the residence, and within which only family members are employed. (Ord. 815 § 3 (Exh. A), 2020; Ord. 671 § 1, 2006).

17.10.403 Home occupation, Group B.

“Home occupation, Group B” means a home occupation, as defined herein, that may involve customers coming and going from the residence, and at which persons other than family members may be employed. (Ord. 815 § 3 (Exh. A), 2020; Ord. 671 § 1, 2006).

17.10.410 Hospital.

“Hospital” means a building designed and used for medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.420 Hotel.

“Hotel” means any building containing six or more guest rooms where lodging, with or without meals, is provided for compensation, where no provisions are made for cooking in any individual room or suite. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.425 Impervious surface.

“Impervious surface” means any material or structure that prevents the natural absorption of water into the earth. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.427 Junkyard.

“Junkyard” means any lot, parcel, tract of land, building, structure, or part thereof used for the storage, collection, processing, purchase, sale, abandonment, exchange, baling, packaging, handling, or sorting of wastepaper, rags, scrap metal, vehicular parts, glass, used building materials, household appliances, brush, wood, bones, used cloth, tarpaulins, used rubber, used rope, used construction materials, used pipe or pipe fittings, used tires, other scrap or discarded goods, materials, or other manufactured goods and any type of junk. This definition shall not include designated recycling or garbage service drop-off stations. This definition shall not apply to junk vehicles or public nuisance vehicles as enumerated in WMC Titles 8 and 10. (Ord. 815 § 3 (Exh. A), 2020; Ord. 779 § 1(B), 2017; Ord. 768 § 1, 2016).

17.10.430 Kennel, commercial or noncommercial.

“Commercial or noncommercial kennel” means a place where three or more dogs four months of age or older are kept, whether by the owner, or by other persons, providing facilities for care, boarding and/or training in exchange for compensation, but not including small animal hospitals, clinics, pet shops or grooming shops. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.440 Livestock.

“Livestock” means animals kept for use, propagation, or sale. Dogs, fish, house cats, and house pets, other than those with cloven hooves, are not considered livestock for the purpose of this title. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.441 Loading space, off-street.

“Loading space, off-street” means space on the same lot with a structure or use, or contiguous to a group of structures or uses, for the temporary parking of a vehicle while loading or unloading persons, merchandise, or materials, and which abuts a street, alley or other appropriate means of access and egress.

(Ord. 815 § 3 (Exh. A), 2020).

17.10.442 Lot.

“Lot” means a platted or unplatted parcel of land unoccupied, occupied or intended to be occupied by a principal use or building and accessory buildings, together with all yards, open spaces and setbacks required by this title. It is the basic development unit; an area with fixed boundaries shown on a final plat or short plat officially recorded in the Douglas County auditor’s office. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.444 Lot area.

“Lot area” means the total land space or area contained within the boundary lines of any lot, tract or parcel of land, exclusive of public and private rights-of-way, and may be expressed in square feet or acres. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.446 Lot, corner.

“Corner lot” means a lot that abuts two or more intersecting streets. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.447 Lot coverage.

“Lot coverage” means the amount of land covered, occupied or permitted to be covered/occupied by a building or buildings, usually expressed in square feet or percentage of land on the lot, and measured horizontally at the foundation. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.448 Lot depth.

“Lot depth” means the horizontal distance between the front lot line and the rear lot line measured within the lot boundaries. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.450 Lot, interior.

“Interior lot” means a lot that has frontage on one street only. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.452 Lot line, front.

“Front lot line” means that boundary of a lot that is located along an existing or dedicated public street. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.454 Lot line, rear.

“Rear lot line” means a property line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or other-shaped lot, it is a line 10 feet in length that is either parallel to the front lot line, or intersects the two other lot lines at points most distant from the front lot line. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.456 Lot line, side.

“Side lot line” means any property line not a front or rear lot line. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.458 Lot, through.

“Through lot” means a lot that fronts on two parallel or nearly parallel streets. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.460 Lot width.

“Lot width” means the distance between the side lot lines measured at right angles to the line establishing the lot depth at a point midway between the front lot line and the rear lot line. Any area used as an access easement shall be excluded from the computation of the lot width. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.470 Manufactured home.

“Manufactured home” means a structure constructed after June 15, 1976, and in accordance with the U.S. Department of Housing and Urban Development (HUD) requirements for manufactured housing, bearing the appropriate insignia indicating such compliance, and designed primarily for residential occupancy by human beings. (Ord. 815 § 3 (Exh. A), 2020; Ord. 654 § 1, 2004; Ord. 635 § 1, 2003).

17.10.472 Manufactured home park.

“Manufactured home park” means an area of land occupied or designed to be occupied by two or more manufactured homes, used for permanent dwelling or sleeping purposes, on a lease basis and operated as a single development. (Ord. 815 § 3 (Exh. A), 2020; Ord. 654 § 1, 2004; Ord. 635 § 1, 2003).

17.10.474 Marijuana cooperative gardens.

“Marijuana cooperative gardens” means those medical marijuana cooperatives authorized by RCW 69.51A.250. (Ord. 815 § 3 (Exh. A), 2020; Ord. 775 § 2(A), 2016).

17.10.475 Marijuana processor.

“Marijuana processor” means a person licensed by the State Liquor and Cannabis Board to process marijuana into marijuana concentrates, usable marijuana, and marijuana-infused products, package and label usable marijuana and marijuana-infused products for sale in retail outlets, and sell marijuana concentrates, usable marijuana, and marijuana-infused products as wholesale to marijuana retailers. (Ord. 815 § 3 (Exh. A), 2020; Ord. 775 § 2(A), 2016).

17.10.476 Marijuana producer.

“Marijuana producer” means a person licensed by the State Liquor and Cannabis Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers. (Ord. 815 § 3 (Exh. A), 2020; Ord. 775 § 2(A), 2016).

17.10.477 Marijuana retailer.

“Marijuana retailer” means a person licensed by the State Liquor and Cannabis Board to sell marijuana concentrates, usable marijuana, and marijuana-infused products in a retail outlet. (Ord. 815 § 3 (Exh. A), 2020; Ord. 775 § 2(A), 2016).

17.10.480 Medical-dental clinic.

“Medical-dental clinic” means an establishment for treatment of outpatients, and providing no overnight care for patients. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.485 Microbrewery.

“Microbrewery” means a plant where beer is annually produced on a scale of 250,000 gallons or less. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.487 Mini-storage.

“Mini-storage” means a building(s) or site used for temporary indoor or outdoor storage on a commercial basis (excluding the storage of hazardous materials and waste). (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.490 Mixed use.

“Mixed use” means a development involving a combination of uses including residential and commercial. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.500 Mobile home.

“Mobile home” means a structure, constructed before June 15, 1976, that is transportable in one or more sections that are eight feet or more in width and 32 feet or more in length, built on a permanent chassis, designed to be used as a permanent dwelling and bearing the “Mobile Home” insignia of the Washington State Department of Labor and Industries, commonly referred to as a single-wide. (Ord. 815 § 3 (Exh. A), 2020; Ord. 654 § 1, 2004; Ord. 635 § 1, 2003).

17.10.510 Modular (factory-built) home.

“Modular (factory-built) home” means a residential structure which is constructed in a factory in accordance with applicable building codes and bearing the appropriate insignia indicating such compliance, transported to the building site in modules and assembled on-site on a permanent foundation. (Ord. 815 § 3 (Exh. A), 2020; Ord. 654 § 1, 2004; Ord. 635 § 1, 2003).

17.10.520 Modulation.

“Modulation” means a stepping back or projecting forward of sections of the facade of a structure within specified intervals of structure width and depth, as a means of breaking up the apparent bulk of the continuous exterior walls. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.530 Motel.

“Motel” means a building containing units that are used as individual sleeping units having their own private toilet facilities and sometimes their own kitchen facilities, designed primarily for the accommodation of transient automobile travelers. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.535 Multifamily use.

“Multifamily use” means three or more separate dwelling units on a single parcel of land. (Ord. 815 § 3 (Exh. A), 2020).

17.10.540 Multiple-use building.

“Multiple-use building” means a building containing uses for more than one land use classification. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.542 Municipal building.

“Municipal building” means a structure used to house the general operations of a municipal government, including town halls, county courthouses, etc. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.543 Nightly rental.

“Nightly rental/overnight accommodation” means the rental or use of a single-family home or other dwelling unit, including time share condominiums and dwelling units in a duplex or multi-unit building, for transient or tourist use on a nightly, weekly or other basis less than month-to-month rentals. This does not include approved tourist accommodations such as hotels, inns, bed and breakfasts, motels, and lodges. (Ord. 815 § 3 (Exh. A), 2020).

17.10.544 Nonconforming building or structure.

“Nonconforming building or structure” means a building, structure, or portion thereof that was legally in existence, either constructed or altered prior to the effective date of the ordinance codified in this title, which does not conform with the requirements of this title. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.546 Nonconforming lot.

“Nonconforming lot” means a parcel of land, in separate ownership, and of record prior to the effective date of the ordinance codified in this title, which does not conform with the dimensional or area requirements of this title. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.548 Nonconforming use.

“Nonconforming use” means an activity in a structure or on a tract of land that was legally in existence prior to the effective date of the ordinance codified in this title, which does not conform with the use regulations of the use district in which it is located. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.550 Nursing or convalescent home.

“Nursing or convalescent home” means any facility, home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in excess of 24 consecutive hours for three or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity are unable properly to care for themselves. Convalescent and chronic care may include but not be limited to any or all procedures commonly employed in waiting on the sick, such as administration of medicines, preparation of special diets, giving of bedside nursing care, application of dressings and bandages, and carrying out of treatment prescribed by a duly licensed practitioner of the healing arts. It may also include care of mentally incompetent persons. It may also include community-based care. Nothing in this definition shall be construed to include general hospitals or other places which provide care and treatment for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both. Nothing in this definition shall be construed to include any assisted living facility, guest home, hotel or related institution which is held forth to the public as providing, and which is operated to give only board, room and laundry to persons not in need of medical or nursing treatment or supervision except in the case of temporary acute illness. The mere designation by the operator of any place or institution as a hospital, sanitarium, or any other similar name, which does not provide care for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both, shall not exclude such place or institution from the provisions of this chapter; provided, that any nursing home providing psychiatric treatment shall, with respect to patients receiving such treatment, comply with the provisions of RCW 71.12.560 and 71.12.570. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.560 Open space.

“Open space” means that portion of a lot or parcel not developed or built upon or occupied by buildings, parking areas, driveways and the like; other than minimal appurtenances such as walkways and recreational facilities designed and intended to make such open space usable and accessible, and for the persons for whom the space is intended. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.570 Parking lot.

“Parking lot” means a land area or building used for the storage of multiple vehicles, excluding parking areas for single-family residences. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.575 Parking, off-street.

“Off-street parking” means an area devoted to the parking of vehicles and located within the boundaries of a lot. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.580 Parking space.

“Parking space” means an unobstructed space or area, other than a street or alley, which is permanently reserved and maintained for the parking of one motor vehicle. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.585 Park (travel) trailer.

“Park (travel) trailer” means a vehicular unit manufactured in accordance with state requirements for park trailers, and bearing the appropriate insignia of the Washington State Department of Labor and Industries. (Ord. 815 § 3 (Exh. A), 2020).

17.10.590 Person.

“Person” means any person, firm, business, corporation, partnership or other association or organization, marital community, municipal corporation, or governmental agency. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.595 Person with functional disabilities.

“Person with functional disabilities” means:

A. A person who, because of a recognized chronic physical or mental condition or disease, is functionally disabled to the extent of:

1. Needing care, supervision or monitoring to perform activities of daily living or instrumental activities of daily living; or

2. Needing supports to ameliorate or compensate for the effects of the functional disability so as to lead as independent a life as possible; or

3. Having a physical or mental impairment which substantially limits one or more of such person’s major life activities; or

4. Having a record of having such an impairment; and

B. A person being regarded as having such an impairment, but such term does not include current, illegal use of or active addition to a controlled substance. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.597 Playground.

“Playground” means a public outdoor recreation area for children, usually equipped with swings, slides and other playground equipment, owned and/or managed by a city, county, state or federal government. (Ord. 815 § 3 (Exh. A), 2020; Ord. 775 § 2(A), 2016).

17.10.598 Preschool.

“Preschool” means a school for children between the ages of one through six, or any portion thereof, and offering schooling not beyond the grade of kindergarten. Preschool facilities include kindergartens, nursery schools, and similar child care facilities. Kindergartens in an elementary school shall be considered as part of that academic school. (Ord. 815 § 3 (Exh. A), 2020).

17.10.600 Primary or principal use.

“Primary or principal use” means the predominant use of the land or building to which all other uses are secondary. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.606 Professional office.

“Professional office” means an office occupied by doctors, dentists, accountants, attorneys, optometrists, architects, professional engineers and surveyors, and persons engaged in other similar occupations. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.608 Property line.

“Property line” means a line bounding and indicating the ownership, or intended ownership, of a parcel of land. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.610 Public facility.

“Public facility” means land or structures owned by or operated for the public use and necessity. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.612 Public park.

“Public park” means an area of land for the enjoyment of the public, having facilities for rest and/or recreation, such as a baseball diamond or basketball court, owned and/or managed by a city, county, state, federal government or metropolitan park district. “Public park” does not include trails. (Ord. 815 § 3 (Exh. A), 2020; Ord. 775 § 2(A), 2016).

17.10.614 Public place.

“Public place” includes streets and alleys of incorporated cities and towns; state or county or township highways or roads; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; premises where goods and services are offered to the public for retail sale; public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theaters, stores, garages, and filling stations which are open to and are generally used by the public and to which the public is permitted to have unrestricted access; railroad trains, stages, buses, ferries, and other public conveyances of all kinds and character, and the depots, stops, and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publicly owned bathing beaches, parks, or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public. (Ord. 815 § 3 (Exh. A), 2020; Ord. 775 § 2(A), 2016).

17.10.616 Public transit center.

“Public transit center” means a facility located outside of the public right-of-way that is owned and managed by a transit agency or city, county, state or federal government for the express purpose of staging people and vehicles where several bus or other transit routes converge. They serve as efficient hubs to allow bus riders from various locations to assemble at a central point to take advantage of express trips or other route-to-route transfers. (Ord. 815 § 3 (Exh. A), 2020; Ord. 775 § 2(A), 2016).

17.10.618 Recreation center or facility.

“Recreation center or facility” means a supervised center that provides a broad range of activities and events intended primarily for use by persons under 21 years of age, owned and/or managed by a charitable nonprofit organization, city, county, state or federal government. (Ord. 815 § 3 (Exh. A), 2020; Ord. 775 § 2(A), 2016).

17.10.620 Recreational vehicle.

“Recreational vehicle” means a portable structure such as a motor home, travel trailer, tent, or equivalent facilities in or on an automotive vehicle, or other short-term recreational shelter designed as temporary living quarters for travel, recreation, and vacation uses. Also includes boats, snowmobiles, trailers, jet skis and similar vehicles. (Ord. 815 § 3 (Exh. A), 2020; Ord. 728 § 4, 2012; Ord. 635 § 1, 2003).

17.10.630 Recreational vehicle or trailer park.

“Recreational vehicle or trailer park” means an area established for the overnight parking on a temporary basis of recreational vehicles. Any or all of the following amenities could be provided: electricity, water, and waste disposal connections, public restrooms and baths, snack bar, commercial facilities for convenience items, picnic area. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.635 Recycling center.

“Recycling center” means a facility where discarded recyclable products such as aluminum and tin cans, glass, paper, and other similar individual consumer products are deposited and stored for future reprocessing (excluding drop stations). (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.637 Retail store.

“Retail store” means a place of business usually owned and operated by a retailer but sometimes owned and operated by a manufacturer or by someone other than a retailer in which merchandise is sold primarily to ultimate consumers. Examples include discount stores, specialty shops, department stores, etc. (Ord. 848 § 3 (Exh. A), 2022).

17.10.640 Rezone.

“Rezone” means a change in classification from one zoning district to another. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.645 Right-of-way.

“Right-of-way” means the platted, dedicated, or reserved portion of a development for purposes of a street or alley for vehicular and/or pedestrian access. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.650 Screen, screening.

“Screen” or “screening” means a continuous fence, hedge or combination of both which obscures vision through 80 percent or more of the screen area, not including drives or walkways. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.653 Secondary school.

“Secondary school” means a high and/or middle school; a school for students who have completed their primary education, usually attended by children in grades seven to 12, and recognized by the Washington State Superintendent of Public Instruction. (Ord. 815 § 3 (Exh. A), 2020; Ord. 775 § 2(A), 2016).

17.10.656 Server farm.

“Server farm” means a collection of computer servers, usually maintained by an organization to supply server functionality far beyond the capability of a single machine. Server farms consist of dozens, hundreds or thousands of computers which require a large amount of power to run and to keep cool. Server farms are typically collocated with the network switches and/or routers which enable communication between the different parts of the cluster and the users of the cluster. Server farmers typically mount the computers, routers, power supplies, and related electronics on 19-inch racks in a server room or data center. (Ord. 815 § 3 (Exh. A), 2020; Ord. 775 § 2(A), 2016).

17.10.660 Service station.

“Service station” means a place used for the repair, servicing and/or supplying of gasoline and oil for motor vehicles. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.670 Setback.

“Setback” means the minimum distance required by this title for buildings to be set back from the street, side or rear lines, rights-of-way or access easements. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.680 Setback area.

“Setback area” means the lot area between the lot lines and the setback lines. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.690 Setback line.

“Setback line” means a line which is parallel to a lot line or access easement located at the distance required by the setback. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.695 Sign.

“Sign” means an identification, description, illustration or device which is affixed to or represented, directly or indirectly, upon a structure or land, and which directs attention to a product, place, activity, person, institution, business, or profession. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.700 Site plan.

“Site plan” means a scale drawing which identifies and shows areas and locations of all streets, roads, improvements, utilities, open spaces, and other information specified herein. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.710 Storage container.

“Storage container” means a unit originally or specifically used or designed to store goods or merchandise during shipping or hauling by a vehicle, including but not limited to rail cars of any kind, truck trailers or multi-modal shipping containers; does not include apple bins, wooden or cardboard shipping crates or similar items. (Ord. 815 § 3 (Exh. A), 2020; Ord. 779 § 1(B), 2017).

17.10.720 Street.

“Street” means the public or private right-of-way or easement which provides vehicle access to abutting property. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.730 Street lot line.

“Street lot line” means the boundary between a street right-of-way and abutting property. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.740 Street setback.

“Street setback” means the minimum distance required for buildings to be set back from the street lot line. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.745 Structural alteration.

“Structural alteration” means any change to the supporting members of a structure, including, but not limited to, foundations, bearing walls or partitions, columns, beams, girders, trusses or any structural change in the roof or exterior walls. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.750 Structure.

“Structure” means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground, not including utility poles and related pad- or ground-mounted distribution equipment, residential fences less than six feet high, retaining walls, rockeries and other similar improvements of a minor character less than four feet high. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.760 Temporary building or structure.

“Temporary building or structure” means a building or structure not having or requiring permanent attachment to the ground or to other structures that have no required permanent attachment to the ground. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.770 Temporary use.

“Temporary use” means a use located on a lot, for a period not to exceed six months, with the intent to discontinue such use after the time period expires. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.780 Use.

“Use” means the purpose which land or structures now serve or for which they are occupied, maintained, arranged, designed or intended. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.785 Variance.

“Variance” means a modification of the regulations because of the unusual nature, shape, exceptional topographic conditions, or extraordinary situation or conditions connected with a specific piece of property, where the literal enforcement of this title would pose undue hardship unnecessary in carrying out the spirit of this title. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.790 Vehicle.

“Vehicle” means a transportable device designed to carry passengers or goods or particular property. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.796 Warehouse.

“Warehouse” means a structure used for the storage of goods and materials. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.797 Winery.

“Winery” means a large-scale winery with more than 500 gallons of production per year. A winery may include a wine tasting room or retail space and outdoor events limited to outdoor concerts, indoor and outdoor weddings, garden parties, and art galleries. (Ord. 815 § 3 (Exh. A), 2020; Ord. 660 § 3, 2005).

17.10.800 Yard.

“Yard” means an open space on a lot, lying between the property line and building line, which is unobstructed from the ground upward except as otherwise provided for in this title. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.802 Yard, front.

“Front yard” means a yard extending across the full width of the lot, and lying between the front line of the lot and the building setback line. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.804 Yard, rear.

“Rear yard” means a yard extending across the full width of the lot and lying between the back line of the lot and the building setback line, and typically abutting platted alleys. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.806 Yard, side.

“Side yard” means a yard between the side line of the lot and the nearest point of the building, inclusive of eaves and cornices on pitched roofs, and extending from the front yard to the rear yard. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.808 Yard, street side.

“Street side yard” means a yard area that is adjacent to a public street right-of-way, but that does not provide the primary vehicular access to the residential structure, and that does not serve as the street address for the residence. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.810 Zone, zone district.

“Zone” or “zone district” means a defined area of the town within which the use of land is regulated and certain uses permitted and other uses excluded as set forth in this title. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.812 Zoning envelope.

“Zoning envelope” means the three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks and other bulk regulations. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).

17.10.814 Zoning map.

“Zoning map” means the map delineating the boundaries of districts that, along with the zoning text of this title, comprise the zoning ordinance of the town. (Ord. 815 § 3 (Exh. A), 2020; Ord. 635 § 1, 2003).