Chapter 10.08
DEFINITIONS

Sections:

10.08.030    Rules for interpretation.

10.08.040    “A.”

10.08.045    “B.”

10.08.050    “C.”

10.08.055    “D.”

10.08.060    “E.”

10.08.065    “F.”

10.08.070    “G.”

10.08.075    “H.”

10.08.080    “I.”

10.08.085    “J.”

10.08.090    “K.”

10.08.095    “L.”

10.08.100    “M.”

10.08.105    “N.”

10.08.110    “O.”

10.08.115    “P.”

10.08.125    “R.”

10.08.130    “S.”

10.08.135    “T.”

10.08.145    “V.”

10.08.150    “W.”

10.08.160    “Y.”

10.08.030 Rules for interpretation.

For the purposes of this title, certain terms or words used herein shall be interpreted as follows:

(1) For the purposes of the zoning code, all words used in the code shall have their normal and customary meanings as defined in the most current version of Webster’s dictionary, unless specifically defined otherwise in this code.

(2) Whenever the term “this title” is used, it shall refer to the Wenatchee zoning code, including all amendments.

(3) The words “used” or “occupied” shall be considered as though followed by the words “or intended, arranged, or designed to be used or occupied.”

(4) The word “person” includes but is not limited to a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

(5) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

(6) The word “shall” is mandatory, the word “may” is permissive.

(7) The word “lot” includes the words “plot” or “parcel.” (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.08.040 “A.”

“Accessory dwelling unit” means a dwelling unit that has been added onto, created within, or separated from a single-family detached dwelling for use as a complete independent living unit with provisions for cooking, sanitation and sleeping.

“Accessory structure” means a detached nonhabitable structure included as part of the development with, and of a nature customarily incidental and subordinate to, the primary or principal structure, and located on the same lot or an adjoining lot.

“Accessory use” means a use customarily incidental and subordinate to the primary or principal use and occurring as a part of the same development or in the same building as the primary or principal use, and located on the same lot or an adjoining lot. The accessory use shall occupy no more than 49 percent of the primary structure.

“Adjacent” means contiguous or lying near or close to.

“Adjoining” means two objects so joined or united to each other that no third object intervenes; attached.

“Adult entertainment business” means an adult arcade, adult motion picture theater, or exotic dance studio, more specifically defined as follows:

(1) “Adult arcade” means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, computer-generated or enhanced pornography, panorama, peep show, or similar machines, or other image-producing machines, for personal viewing, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which provide materials for individual viewing by patrons on the premises of the business which are characterized by the depiction or description of “nudity” or “specified sexual activities.”

(2)  “Adult motion picture theater” means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by the depiction or description of “nudity” or “specified sexual activities” and which are “not rated” or “rated X” and are regularly shown for any form of consideration. For the purpose of this definition, “regularly” means at least one showing per 30-day period.

(3) “Exotic dance studio,” also known as “topless bar” and “adult cabaret,” means a nightclub, bar, restaurant, or similar commercial establishment to which any member of the public is invited or admitted and where an entertainer provides live adult entertainment performances to any member of the public.

“Adult family home” means a single-family dwelling unit of a person or persons who are providing personal care, room, and board 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 Department of Social and Health Services determines that the home is of adequate size and that the home and provider are capable of meeting the standards and qualifications established in Chapter 70.128 RCW. All adult family homes shall operate with a license as required in Chapter 70.128 RCW.

“Adult oriented retail” means an adult bookstore, adult novelty store, or adult video store more specifically defined as follows:

(1) “Adult bookstore,” “adult novelty store” or “adult video store” means a commercial establishment which has as a significant or substantial portion of its stock-in-trade or gross revenues, “substantial” meaning 20 percent or more, for any form of consideration, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other photographic reproductions or visual representations which are characterized by the depiction or description of “nudity” or “specified sexual activities.” It shall be a rebuttable presumption that 20 percent of a business’ stock-in-trade or gross revenues is considered substantial.

An establishment may have other principal business purposes that do not involve the offering for sale or rental of materials depicting or describing “nudity” or “specified sexual activities,” and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe “nudity” or “specified sexual activities.”

“Agricultural building” means a structure accessory to an agricultural activity whose primary use directly supports on-site agriculture.

“Agriculturally related industry” means those industrial uses within an active commercial agricultural operation of five acres or more with the primary point of access located on a collector or arterial street. The use shall be directly related to the processing or physical or chemical alteration of agricultural products. Such industries include, but are not limited to: processing facilities, wineries, distillery, or brewery. Limited food sales may occur as a component of the use to include food items prepared off site or without the need for a commercial kitchen. Seasonal agricultural tourist activities in concert with the primary use, centered on an agricultural theme including such activities as field mazes, hay rides, farm and field tours and similar opportunities may be a component of site amenities.

“Agriculture” means the art and science of farming; cultivating soil and producing crops; propagation of plants for the production of food and fiber; not the raising or keeping of animals for use, propagation or sale. This includes accessory activities, including, but not limited to, storage, harvesting, or maintenance of equipment, but excluding commercial food processing.

“Alter” or “alteration” means a change or rearrangement of the structural parts of existing facilities or an enlargement by extending the size 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.

“Amateur radio, receive-only antennas, personal wireless services and antennas” means any tower or exterior apparatus designed for communications through the sending and/or receiving of electromagnetic waves, including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR) paging, and similar services that currently exist or that may in the future be developed, and its attendant base station, that is under 70 feet in height and is not intended for commercial distribution.

“Architectural barriers” refer to decorative walls, fencing, etc., that may be used in place of landscaping where allowed by this title.

“Articulation” means an emphasis on architectural elements of a building, such as windows, entries, and balconies, which create a complementary pattern or rhythm, dividing large buildings into smaller identifiable pieces.

“Artisanal industrial/manufacturing” means a person or company that makes a high-quality, distinctive product such as furniture, decorative arts, sculptures, clothing, jewelry, food items, or household items in small quantities, usually by hand and using traditional methods. Retail sales may or may not be a component or use.

“Attached” means two structures that share at least 12 inches of common wall.

“Auditorium” means a large building used for public meetings or performances.

“Auto rental agency” means a business primarily engaged in rental or term leasing of passenger cars, hearses, limousines, and the like, without drivers. Finance (equity or full-payout) leasing of automobiles is classified under “motor vehicle sales.” (Ord. 2018-12 § 1 (Exh. B); Ord. 2016-22 § 1 (Exh. B); Ord. 2015-36 § 1 (Exh. B); Ord. 2011-18 § 3; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.08.045 “B.”

“Balcony” means a platform projecting from the wall of a building and surrounded by a balustrade or railing or parapet.

“Bank” means an institution for receiving, lending, exchanging, and safeguarding money and, in some cases, issuing notes and transacting other financial business. This includes savings and loans, credit unions, and other depository institutions.

“Basement” means that portion of a building that is partly or completely below grade. A basement shall be considered as a story above grade where the finished surface of the floor above the basement is:

(1) More than six feet above grade for more than 50 percent of the total building perimeter; or

(2) More than 12 feet above finished grade level at any point.

“Battery charging station” means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW, as amended, and consistent with rules adopted under RCW 19.27.540, as amended.

“Battery exchange station” means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.27 RCW, as amended, and consistent with rules adopted under RCW 19.27.540, as amended.

“Bed and breakfast” means a single-family detached dwelling that provides compensated lodging for travelers and guests, having a shared dining area, one kitchen and an owner or manager residing full time on the property. Such dwelling shall have no more than five such guest rooms for persons other than the immediate family of the owner or manager occupying such dwelling.

“Bedroom” means any room in a residential structure which is not a kitchen, dining room, living room, or bathroom and capable of being used for sleeping quarters.

“Berm” means an earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise.

“Boat club” means a private or public membership facility designed for boating activities and storage.

“Boat sales and rental” means a business primarily engaged in sales and/or rental of new and used motorboats, sailboats, and other watercraft. Businesses primarily engaged in the sale of supplies for recreational boating, such as sails, outboard motors, and marine hardware, are classified as general retail.

“Boating storage facility” means a facility meant to provide long-term shelter for watercraft and their accessories, including canoes, sail boats, power boats, etc., but not including service, repair or sales.

“Buildable area” means that portion of a lot remaining after required setbacks have been provided, consistent with the lot coverage standard and other regulatory factors.

“Building” means a freestanding structure including all its attachments.

Building Height. See the definition for “height, building.”

“Building line” means a line parallel to the property line located at the point of a building lying nearest the property line. Also, a line parallel to the property line located at the place nearest the property line where a building may lawfully be constructed.

“Building materials, garden and farm supplies” means businesses primarily engaged in selling retail and/or wholesale products such as lumber and other building materials; paint; glass; wallpaper; hardware; nursery stock; lawn and garden supplies including mowers and garden tractors; and farm supplies such as seeds, feeds, fertilizer, and farm tools. Firms not selling to the general public (retail) are classified as “wholesale sales.” Firms primarily selling plumbing, heating and air conditioning equipment, or electrical supplies are classified as “wholesale sales.” Florists and other stores selling cut flowers and potted plants not grown on the premises are classified as “general retail.”

“Bus amenities” means bus passenger shelters, benches, trash receptacles and other related items or structures directly related to the purposes of bus stops and bus passengers. (Ord. 2011-24 § 3; Ord. 2010-03 § 1 (Exh. A); Ord. 2009-08 § 1; Ord. 2007-34 § 2 (Exh. A))

10.08.050 “C.”

“Caliper” means a diameter measurement used for deciduous trees. The caliper of a tree trunk shall be measured six inches above the ground up to and including four-inch caliper size, and 12 inches above the ground for larger tree sizes.

“Carport” means a covered shelter for an automobile open on two or more sides.

“Carriage unit” means a single-family dwelling unit, not to exceed 800 square feet in floor area, located above a garage structure in a cottage housing development.

“Cemetery” means property used as a burial ground.

“Charging levels” means the electrical force, or voltage, at which an electric vehicle’s battery is recharged. Levels 1, 2, and 3 are the most common electric vehicle charging levels, and include the following specifications:

(1) Level 1 is considered slow charging requiring a 15- or 20-amp breaker on a 120-volt AC circuit and standard outlet.

(2) Level 2 is considered medium charging requiring a 40-amp to 100-amp breaker on a 208- or 240-volt AC circuit.

(3) Level 3 is considered rapid charging requiring a 60-amp or higher dedicated breaker on a 480-volt or higher three-phase circuit with special grounding equipment. Level 3 charging uses an off-board charger to provide the AC to DC conversion, delivering DC directly to the car battery. Also commonly known as “rapid charging station.”

“Child care” means the activity of regularly providing care and supervision for minor children, whether for compensation or not.

(1) “Family day care” means a child care and early learning service for not more than 12 children in a licensed day care provider’s dwelling.

(2) “Child day care center” means an agency that regularly provides child day care and early learning services for a group of children for periods of less than 24 hours.

“City” means the city of Wenatchee, Washington, a municipal corporation.

“Clinic” means a building designed or used for the medical, dental or surgical diagnosis and treatment of outpatients under the care of medical professionals, having a central reception room for three or more doctors and operated under a central medical management.

“Comprehensive plan” means the general legislative policy document for land use and other elements as portrayed by the text and map of the adopted comprehensive plan on file at the city clerk’s office.

“Conditional use” means a discretionary permit granted under the provisions of this title and which, when granted, authorizes a specific use to be made of a specific property, subject to compliance with all terms and conditions imposed on the permit.

“Congregate care facility” means a building or complex of dwellings specifically designed for occupancy by senior citizens, which provides for shared use of facilities, such as kitchens, dining areas, and recreation areas. Such complexes may also provide kitchens and dining space in individual dwelling units. Practical nursing care may be provided.

“Convalescent home” means any home, place, institution or facility which provides 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. Such establishment shall be duly licensed by the state of Washington as a “nursing home” in accordance with the provisions of Chapter 18.51 RCW.

“Cottage housing” means four or more small, detached individual dwelling units sharing commonly owned open space, courtyard and parking area(s). (Ord. 2011-49 § 4 (Exh. B); Ord. 2011-24 § 4; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.08.055 “D.”

“Deck” means an uncovered structure between the floor elevation of the primary structure and the average of the adjacent grade of the lot, exclusive of safety railings.

“Delivery services, local” means a facility used for the receipt and distribution of packages intended for local delivery and not delivered by a semi-tractor trailer. This is intended as a local service business.

“Department” means the department of community development.

“Diesel generator, power production” means the use of diesel, natural gas and similar internal combustion engine generators for the production of power; for on-site use or for the purpose of selling to or adding to the electric power grid; when production is intended to run for a length of time exceeding seven days. This definition is not intended to include backup generators for emergency use.

“Director” means the duly appointed director of the community development department or his/her designee. Synonymous with “administrator.”

“Drinking establishment” means a business primarily engaged in the retail sale of alcoholic beverages for consumption on the premises, including bars and taverns. A lounge operated as part of a restaurant is considered to be accessory to the restaurant.

“Drive-in” means a motion-picture theater, restaurant, refreshment stand, or other commercial enterprise designed to accommodate patrons in their automobiles.

“Drive-through” means a driveway designed to accommodate or arranged for completing a transaction from one’s car and driving away. Common businesses that may include drive-throughs are banks, pharmacies, restaurants, and espresso stands.

“Duplex” means a detached residential building designed for occupancy by two self-contained attached dwelling units living independently of each other.

“Dwelling” or “dwelling unit” means one or more rooms designed for or occupied by one family for living or sleeping purposes and containing kitchen facilities for use solely by one family and at least one bathroom.

“Dwelling, attached single-family” means at least two or more permanent attached residential living units each containing sufficient facilities to function as an independent dwelling unit such as a townhouse or row house. Each dwelling unit is located on a separate lot.

“Dwelling, multifamily” means three or more attached or detached residential dwelling units on one lot or parcel.

“Dwelling, single-family” means a permanent detached residential living unit containing sufficient facilities to function as an independent dwelling unit. Single-family dwellings may be site-built or manufactured. (Ord. 2016-22 § 1 (Exh. B); Ord. 2013-41 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.08.060 “E.”

“Electric vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. “Electric vehicle” includes a battery electric vehicle (BEV), a plug-in hybrid electric vehicle (PHEV), a neighborhood electric vehicle, and a medium-speed electric vehicle.

“Electric vehicle charging station” means a public or private parking space located together with a battery charging station which permits the transfer of electric energy (by conductive or inductive means) to a battery or other storage device in an electric vehicle.

“Electric vehicle infrastructure” means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.

“Equipment rental services, commercial” means a business which rents or leases equipment for personal or household use, including but not limited to power and hand tools, yard and garden equipment, or party supplies such as dishware, glassware, and folding tables and chairs. This does not include rental of furniture or appliances classified as “furniture, home furnishings, and appliances,” nor rental or leasing of portable toilets, heavy equipment like bulldozers, or similar services to the construction trades, classified as “maintenance and service facilities for motor vehicle passenger transportation” uses.

“Essential public facility” includes those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facilities, and licensed in-patient facilities including substance abuse facilities, mental health facilities, group homes and secure community transition facilities as defined in RCW 71.09.020.

“Exercise facility” means an establishment which is used for sports, health and recreational uses by the general public or by members not restricted to living within a specified area (as in a homeowners’ association or multiple-family development). Such facilities may include, but are not limited to, tennis or racquetball courts, swimming pools, weight training, exercise classes, karate/dance classes, health spas and other similar uses. Specifically excluded from this definition are go-kart tracks, golf courses, bowling alleys, and other similar uses meeting the definition of “Recreation, indoor commercial” or “Recreation, outdoor commercial.” (Ord. 2018-12 § 1 (Exh. B); Ord. 2011-49 § 5 (Exh. C); Ord. 2011-24 § 5; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.08.065 “F.”

“Facade” means the exterior face or wall of a building. Any freestanding structure may have four or more facades, designated by their orientation (e.g., north facade); a building flanked by other buildings on either side generally has only a front and a rear facade. The front facade is the front of a building facing and sharing a common line with the public right-of-way.

“Family” means an individual or two or more persons living together in a single dwelling unit.

“Farm animal, large” means animals including, but not limited to, horses, ponies, donkeys, mules, cows, llamas, bovines, goats, sheep, or other similar size and type of animal. Dogs, cats and other house pets are not considered farm animals for the purpose of this title.

“Farm animal, small” means poultry, rabbit, or other similar size and type of animal. Dogs, cats and other house pets are not considered farm animals for the purpose of this title.

“Farmers market” means a market, outdoor place, or group of stalls and booths where multiple farmers and other individual licensed vendors sell their products, new or used, directly to consumers; and, where a fee may be charged to prospective buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise. This includes swap meets, flea markets, auctions, open air markets, or other similarly named or labeled activities, but the term does not include the usual supermarket or general retail operations.

“Fence” means a built-up structure which provides a physical or visual barrier between properties or other features. For purposes of this title, living plant material is not considered a fence.

“Furniture, home furnishings, and home appliances” means a business primarily engaged in the retail sale of goods used for furnishing the home, such as furniture, floor coverings, draperies, lighting fixtures, wood stoves, domestic cook stoves, refrigerators, and other household electrical and gas appliances. This category also includes rental of furniture, appliances, and the like, as well as the sale or rental of consumer electronics such as televisions and stereo equipment. (Ord. 2011-18 § 4; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.08.070 “G.”

“Garage, parking” or “commercial garage” means a building used for storage of motor vehicles as a commercial use.

“Garage, private” means a building or a portion of a building designed to store motor vehicles and which is accessory to a residential use.

“General retail” means a business characterized by the sale of tangible goods directly to consumers that does not otherwise fit the definition of a specific commercial retail use as defined in this title.

“Grocery, neighborhood” means a grocery store with less than 10,000 square feet of retail floor area primarily servicing the immediately surrounding neighborhood.

“Grocery store” or “supermarket” means a retail establishment selling food as well as other convenience and household goods commonly used for consumer use, where the retail floor area exceeds 10,000 square feet.

“Gross floor area” or “GFA” means the total floor area of a building, including the exterior walls or ground area where applicable, minus the following floor area deductions:

(1) Elevator shafts and stairways;

(2) Restrooms and locker rooms;

(3) Building mechanical spaces for heating, ventilation, electrical, elevators or other such mechanical equipment;

(4) Building spaces where the ceiling height is not greater than five feet;

(5) Public lobbies, common mall areas, atriums and courtyards provided solely for pedestrian access to multi-tenant buildings from the exterior, and/or for aesthetic enhancement or natural lighting purposes;

(6) Permanently designated corridors in multi-tenant buildings (i.e., not subject to relocation by the requirements of a specific lease) for common access and exiting to tenant spaces.

“Group home” means a residence for the handicapped, physically, mentally or developmentally disabled, homeless, or otherwise dependent persons. Group homes are intended to provide residential facilities in a home-like environment. Such homes range from licensed establishments operated with 24-hour supervision to nonlicensed facilities offering only shelter. They shall not include correctional facilities, nursing homes, Type III group care facilities, foster family homes, or adult family homes as defined by the Washington State Department of Social and Health Services or its successor agency. Group homes include, but are not limited to, the following:

(1) Confidential Shelters. Shelters for victims of domestic violence as defined and regulated in Chapter 70.123 RCW and Chapter 388-61A WAC. Such facilities are characterized by a need for confidentiality.

(2) Home for the Disabled. A home or other facility which provides board and domiciliary care to individuals who, by reason of infirmity, require such care. An infirmity may be based on conditions including, but not limited to, physical handicap, mental illness, and other developmental disabilities. These group homes are a type of boarding home, as defined and regulated in Chapter 18.20 RCW. However, boarding homes serving the aged infirm are not included in this definition.

(3) Homeless Shelter. A facility offering lodging and/or emergency shelter to homeless individuals for an indefinite period of time and meeting the standards of Chapter 246-360 WAC.

(4) Group Home for Youth. Any home maintained and operated for the care of children on a 24-hour basis as defined and regulated in Chapter 388-148 WAC and Chapter 74.15 RCW.

(5) Group Home for Offenders. A home or other facility operated for housing and supervision of work/training release residents during their stay in a work/training release program as defined and regulated in Chapters 137-56 and 137-57 WAC. (Ord. 2013-41 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.08.075 “H.”

“Height” shall be measured from the adjacent grade within two feet horizontally of the ground to the highest point of the item being measured. In instances where the ground is not level, an average grade shall be calculated and used. On fences and freestanding or monument signs, grade shall be measured on both sides and averaged. To measure the height of a building, see the definition for “height, building”; to measure a story see the definition for “story.”

“Height, building” means the vertical distance measured from the average elevation of the proposed finished grade adjacent, within two feet, to the building foundation to the highest point of a flat roof or the mean height between the eaves and ridge of a pitched roof, excluding chimneys, antennas, church spires and other secondary roof structures. No building shall have a nonaveraged height measured from the finished grade to the highest point of the building as to exceed the underlying maximum height by an extent equal to or greater than 15 percent.

Height, Story. See definition for “story.”

“Home occupation” means a lawful economic enterprise 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.

“Home occupation, mailing address only” means a home occupation that does not involve customers coming and going from the residence and meeting other applicable standards.

“Hospital” means an institution where sick or injured persons are given medical or surgical care. It includes the provision of sleeping and eating facilities to persons receiving in-patient medical care.

“Hotel” means a building or portion thereof designed or used as a commercial establishment offering lodging to persons with the rental of six or more units for sleeping purposes. A central kitchen, dining room(s), shops and services available to hotel guests and the general public are common and ordinary accessory activities.

“House pet” means any animal that lives its entire regular existence within the confines of the owner’s residence.

“Humanitarian service and shelter facility” means the use of a structure for the provision of relief to disadvantaged persons, whether for compensation or not, of a spiritual, material, or medical nature. Such services may include any or all of the following: emergency care, including lodging, meals, and other temporal items; religious services; professional counseling; rehabilitation of trade skills; food storage and dispensing; and medical assistance. (Ord. 2011-30 § 3; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.08.080 “I.”

“In lieu of” means to substitute one requirement for a different requirement of equal or greater value.

“Industry, heavy” means a site for the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using, flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

“Industry, light” means a site for the basic processing and manufacturing of materials or products predominately from previously prepared materials or finished products or parts. This includes processing, fabricating, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excludes basic processing of raw materials, except for food and beverage products. The intent of the light industry is to allow basic processing that would not negatively or adversely affect neighboring businesses, residences, or mixed use developments. The beverage processing is intended to include wineries, breweries, and distilleries.

“Inoperable vehicle” means a self-propelled vehicle used for the transport of people, goods and/or services that is not able to operate under its own power, is without a valid, current registration plate, or is deemed, by a code enforcement officer or director, a junk vehicle as defined in Chapter 8.48 WCC.

“Institution of higher education” means a public or private university, community college, technical college, and/or vocational and other educational institution beyond high school. (Ord. 2018-12 § 1 (Exh. B); Ord. 2011-49 § 6 (Exh. D); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.08.085 “J.”

“Junk yard” means a place where junk, waste, or salvaged materials such as, but not limited to, scrap metal, bones, rags, old machinery; or used rubber, rope, bottles, tools, appliances, fixtures, utensils, lumber, boxes, pipes, tires, or other manufactured goods are bought, sold, exchanged, stored, baled, packed or handled. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.08.090 “K.”

“Kennel” means a commercial establishment where dogs, cats, or other non-farm animals over the age of four months are kept, whether such keeping is for pleasure, profit, breeding, grooming, or exhibiting, including places where said animals are boarded or kept for sale or hire. This definition shall not apply to owners of multiple pets who obtain excess pet licenses in accordance with the city’s animal control code. (Ord. 2013-41 § 1 (Exh. B); Ord. 2011-18 § 5; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.08.095 “L.”

“Landscaping” shall consist of any of the following or combination thereof: material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees, and other plant materials; and nonliving durable material commonly used to enhance existing site conditions, such as, but not limited to, rocks, stone, brick, block, sculptural elements, garden ponds or pools, fountains, water features, land forms, and sculptural elements, but excluding paving and nondecorative fences.

“Landscaping, interior” shall mean a landscaped area or areas within internal areas of parking lots and outdoor auto sales areas.

“Landscaping, perimeter” shall mean a landscaped area that runs parallel to and adjacent to an exterior property line.

Landscaping Spacing. Where this chapter sets standards for spacing of trees, the measurement shall extend between the property lines of the development site.

“Laundromat” means an enterprise where articles of clothing, linen, etc., are washed, including self-service laundries as well as those where customers drop off articles to be laundered either on or off the premises, or dry-cleaned off the premises only. This includes diaper services, but not dry-cleaning plants, linen supply services, carpet and upholstery cleaning plants, and industrial launderers classified as “light industrial” uses.

“Library” means a place in which literary, musical, artistic, or reference materials, such as books, manuscripts, recordings, computers or films, are kept for use and/or lending but not for sale.

“Liquor store” means a store that sells alcoholic beverages for consumption elsewhere. Such establishments shall be duly licensed by the state of Washington.

“Livestock” means animals kept for use, propagation or sale. Such animals include horses, ponies, mules, cows, goats, sheep, or other similar-sized animals. Dogs, fish, house cats and other house pets are not considered livestock for the purpose of this title.

“Lodging” means a building or portion thereof designed or used as a commercial establishment offering temporary lodging to persons with the rental of six to 15 units for sleeping purposes. A central kitchen, dining room(s), shops and services available to guests and the general public are common and ordinary accessory activities.

“Lot” or “lot of record” means a fractional part of divided land having fixed boundaries, which was created in conformance with the development regulations existing at the time of creation.

“Lot area (size)” means the total land area contained within the boundary lines of any lot, tract or parcel of land, exclusive of public rights-of-way and private lanes, and may be expressed in square feet or acres. Synonymous with “tract” or “parcel of land.”

“Lot, corner” means a lot located at the intersection of two or more public or private streets.

“Lot coverage” means the amount of land covered, occupied or permitted to be covered/occupied by a roofed building or buildings, usually expressed in square feet or percentage of land on the lot, and measured horizontally at the outside of external walls or supporting members of all primary and accessory structures. Eaves projecting over two feet from the external wall will be calculated in the total lot coverage.

“Lot depth” means the distance between the midpoints of straight lines connecting the two front property corners and the two rear property corners. In the case of a curvilinear or radial property line, the depth shall be measured from the midpoint of the radius or curve.

“Lot frontage” means the lineal distance that a lot abuts upon or adjoins a public or private street.

“Lot, interior” means a lot with only one frontage on a public or private street.

“Lot, through” means a lot with frontage on more than one public or private street, unless it meets the definition of “lot, corner.” Also referred to as a “double frontage lot” or a “reverse frontage lot.”

“Lot width” means the dimension measured at the building line or at the front lot line as it adjoins the street; the dimension across the rear of the required front yard setback on an irregularly shaped lot; the narrow dimension of the lot at the street or building line for a corner lot. (Ord. 2016-22 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.08.100 “M.”

“Maintenance and service facilities for motor vehicle passenger transportation” means a site for the maintenance and service of passenger transportation services, such as for taxi fleets, public transit fleets, or school bus fleets, as well as the rental or leasing of portable toilets, heavy equipment like bulldozers, or similar services to the construction trades.

“Managed open space” means a landscaped area maintained in a manner for the purpose of human activity and not of a commercial or retail nature, including, but not limited to, parks, bridle paths, playfields, arboretums, botanical gardens, equestrian facilities, and other similar uses, including accessory uses such as parking and restroom facilities. Managed open space does not include nurseries, commercial agriculture, pastures and similar activities.

“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.

“Manufactured home, designated” means a dwelling unit which:

(1) Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long;

(2) Was originally constructed with and now has a composition of wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch; and

(3) Has exterior siding similar in appearance to siding materials commonly used on site-built, single-family dwellings, built in accordance with the International Building Code.

“Marijuana processor” means a person licensed by the Washington State Liquor Control Board to process marijuana into usable marijuana and marijuana-infused products, package and label usable marijuana and marijuana-infused products for sale in retail outlets, and sell usable marijuana and marijuana-infused products at wholesale to marijuana retailers.

“Marijuana producer” means a person licensed by the Washington State Liquor Control Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.

“Marijuana retailer” means a person licensed by the Washington State Liquor Control Board to sell usable marijuana and marijuana-infused products in a retail outlet.

“Marina/boat launching facility” means a facility for storing, servicing, fueling, berthing, launching and securing boats, which may include eating, sleeping, and retail facilities for owners, crews, and guests. A facility for long-term storage of boats and other watercraft is defined as a “boating storage facility.”

“Micro brewery, distillery, or winery” means a small-scale brewery, distillery, or winery operated in combination with an on-site restaurant or retail operation, where the restaurant or retail operation occupies the primary commercial street frontage. It is intended that any wholesale activities be an accessory use to the retail or restaurant operation.

“Mini-storage” means a building or group of buildings which may contain manager living quarters, office and individual, compartmentalized self-storage units, stalls, or lockers which are rented or leased for the storage of household or business goods, supplies or materials. Such a facility may include outdoor vehicle and boat storage.

“Mixed use” means any combination of residential, commercial, light industrial, office, institutional, and/or other land uses either within one development or within one zoning district.

“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.

“Mobile, manufactured, and modular housing sales” means the sale of new or used mobile, manufactured, or modular housing. The sale of recreational vehicles and motor homes is classified under “motor vehicle sales.”

“Mobile/manufactured home park” means an area of land occupied or designed to be occupied by two or more residential mobile/manufactured homes on a lease basis and operated as a single development.

“Modular 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.

“Modulation” means a stepping back or projecting forward of portions of a building face within specified intervals of building width and depth, as a means of breaking up the apparent bulk of a structure’s continuous exterior walls.

“Motel” means a building or group of buildings where lodging is available in six or more separate rooms to guests for compensation and providing parking for automobiles adjacent to the lodging. Said building or group of buildings include, but are not limited to, tourist court, motor lodge, auto court, cabin court, motor inn, and similar terms.

“Motor vehicle sales” means a business primarily engaged in the sale of new and/or used autos: cars, trucks, motorcycles, recreational vehicles, utility trailers, aircraft, snowmobiles, and the like.

“Motor vehicle supply store” means auto supply stores, tire dealers, and the like. Firms which salvage used parts from inoperable vehicles are classified as “junk yards” and “wrecking yards.” Businesses primarily engaged in both selling and installing such automotive parts as mufflers and brakes are classified as “service station” or “service repair, motorized.”

“Museum” means a depository for collecting and displaying objects and/or information having scientific, historical, artistic, or other social value. This definition includes an interpretive center. (Ord. 2018-12 § 1 (Exh. B); Ord. 2014-32 § 1 (Exh. B); Ord. 2011-49 § 6 (Exh. D); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.08.105 “N.”

“Neighborhood center” means an area wherein an activity occurs which provides services of a social, cultural, economic or educational nature to the neighborhood in which it is located.

“Night club” means an establishment that is primarily used for dancing and/or viewing performances and has as its primary source of revenue (1) the sale of alcohol for consumption on the premises, (2) cover charges, or (3) both. The use has an occupancy level of 70 or more persons for an aggregate area of concentrated use of unfixed chairs and standing space that is specifically designated and primarily used for dancing or viewing performers, consistent with the night club use classification in the 2006 International Building Code, as amended. The definition of a night club does not include theaters with fixed seating, banquet halls or lodge halls. Nightclubs which include adult oriented business, as defined and regulated by the WCC, are reviewed and permitted as an adult oriented business under the provisions of the WCC.

“Nonconforming” means a lot, use, building or structure which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the current requirements of the zoning district.

“Nursing home” means any 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. This definition shall not be construed to include general hospitals or other places which provide care and treatment for the acutely sick and maintain and operate facilities for major surgery. (Ord. 2013-41 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.08.110 “O.”

Office.

(1) “Business” means a building, or space within a building, used for a business which does not include on-premises sales of goods or commodities. This may include government, professional, and administrative offices for businesses whose primary activity may be construction, manufacturing, or some other nonoffice conducted elsewhere.

(2) “Medical” means an office of doctors, dentists, chiropractors, optometrists, and other health practitioners providing outpatient care. It also includes medical and dental laboratories, blood banks, and similar uses.

(3) “Veterinary/clinic” means a place where animals receive medical care and the boarding of animals is limited to short-term care incidental to the hospital use. This is not a medical office.

“Office supplies and equipment” means a store selling office products such as stationery, legal forms, writing implements, typewriters, computers, copiers, office furniture, and the like.

“Off-site treatment and storage facility for hazardous waste” means a hazardous waste treatment and storage facility that treats and stores wastes from generators on properties other than those on which the off-site facilities are located. These facilities must comply with the state siting criteria as adopted in accordance with RCW 70.105.210.

“On-site treatment and storage facility for hazardous waste” means a hazardous waste treatment and storage facility that treats and stores waste generated on the same, geographically contiguous, or bordering property.

“Outdoor mobile vendors” means nonpermitted structures, vehicles, or trailers, located on private property, conducting retail sales or offering goods and/or services to the public for a fee or donation, and operated as a temporary use. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.08.115 “P.”

“Parking facility” means a lot or parcel of land used strictly for parking vehicles and divided into individual spaces. This may include parking spaces within a structure, commercial garage, carport, or open surface parking. The facility may be restricted in use or be available to the general public, whether for compensation or not.

“Parking, shared” means an arrangement between private parties which satisfies the parking requirements by:

(1) Allocating the requisite number of spaces for each use in a common parking facility.

(2) Allocating the requisite number of spaces between two or more land uses which routinely experience peak parking accumulations at different times of the day, week, or season. Examples might include a movie theater and office building, or a church and an office building.

“Parking space/stall” means an area set aside for the parking of motor vehicles outside of a public street right-of-way having a minimum width of nine feet and a minimum length of 18 feet for standard-size cars or a minimum width of eight feet and a minimum length of 16 feet for compact-size cars, together with an area provided for reasonable access to such space.

“Party of record” means the following persons in an application or appeal:

(1) The applicant; and

(2) Any persons, agencies or organizations who have submitted written comments in a matter pending before the decision-making authority; made oral comments in a formal public hearing conducted on the application, or notified local government of their desire to receive a copy of the final decision on a permit and who have provided an address for delivery of such notice by mail and who will be aggrieved or adversely affected by a land use decision, or who would be aggrieved or adversely affected by a reversal or modification of the land use decision. A person is aggrieved or adversely affected within the meaning of this section only when the following conditions are present: (a) the land use decision has prejudiced or is likely to prejudice that person; (b) that person’s asserted interests are among those that the local jurisdiction was required to consider when it made the land use decision; and (c) a judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the land use decision.

A party of record does not include a person who has only signed a petition or mechanically produced form letters. A party of record to an application/appeal shall remain such through subsequent city proceedings involving the same application/appeal. The city may cease mailing material to any party of record whose mail is returned by the postal service as undeliverable.

“Permitted use” means a land use which is allowed in a specific zoning district in accordance with all applicable development standards of this title and the WCC.

“Personal satellite dishes” means a parabolic antenna, not more than two meters in diameter, intended to receive and process programming signals from orbiting satellites and other sources.

“Personal services” means a variety of businesses engaged in providing services to individuals, generally involving the maintenance of the human body, or other services to one’s person or household pets. Such businesses include, but are not limited to, barber and beauty shops, instruction/music studios, photographic studios, tanning parlors, massage practitioners, pet grooming, tutoring, instructional services and activities. This does not include medical offices, kennels, veterinary clinics, schools, or institutions of higher education.

“Place of assembly” means a building used in whole or in part for the gathering together of persons for such purposes as deliberation, entertainment, amusement, or awaiting transportation.

“Place of habitation” means a structure used for residential occupancy; a domicile; a living area.

“Place of worship” means any building primarily used for congregations gathering for religious practices.

“Planning commission” means the planning commission of the city of Wenatchee, Washington.

“Poultry” means domesticated birds that serve as a source of eggs or meat, including, but not limited to, chickens, turkeys, ducks, geese, guinea fowl, peafowl, pigeons, and pheasants.

“Primary structure” means a building that is occupied or is intended to be occupied by a primary use, including an attached garage.

“Primary use” means the main or dominant activity occurring on a lot, occupying no less than 51 percent of the primary structure.

“Printing, commercial” means shops that photocopy, offset print, or screen print documents, announcements, business cards for business clients or the general public. This also may include blueprinting, computer plotting, and similar business services. These shops may engage in typesetting, photo engraving, plate making, and other printing functions incidental to their primary activity. However, if they are primarily engaged in these functions as a service to other printing businesses, they are classified under “printing, industrial.” Businesses that print books, magazines, newspapers, or other periodicals for others are classified under “printing, industrial.”

“Printing, industrial” means businesses which print books, magazines, newspapers, or other periodicals for others. It also includes printers of maps, posters, makers of business forms, loose-leaf binders, and service industries for the printing trade, such as engraving, typesetting, photoengraving and stereotyping, lithographic plate making, and related services.

“Public utilities and services” means equipment installations for utility and service purveyors including, but not limited to, telephone exchanges, electrical substations, water reservoirs, pump stations, and similar facilities of service providers, specifically excluding diesel, natural gas and similar internal combustion engine generated power production. (Ord. 2018-12 § 1 (Exh. B); Ord. 2014-11 § 1 (Exh. B § G); Ord. 2011-49 § 5 (Exh. C); Ord. 2011-25 § 3; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.08.125 “R.”

“Radio/TV studio” means a building or room in which a radio/television program or show is produced, either for live broadcast or for recording for a later broadcast.

“Recreation, indoor commercial” means an indoor recreational use operated as a private commercial enterprise, providing any number of leisure time activities, contained entirely within an enclosed building. Such uses include but are not limited to theaters, amusement activities, bowling alleys, batting cages, coin-operated machines or games.

“Recreation, neighborhood commercial” means land and/or a building which is used for recreational activities by the general public or whose membership is not restricted to persons residing within a specific area. Such facilities shall include, but not necessarily be limited to, tennis and/or racquetball courts, community clubhouses, soccer, basketball, climbing walls, gymnastics, baseball batting cages, swimming pools, and health and exercise spas. Specifically excluded from this definition are go-kart tracks, golf courses, bowling alleys, pool or billiard halls.

“Recreation, outdoor commercial” means an outdoor recreation use operated as a private commercial enterprise, not otherwise defined in this title, including but not limited to golf courses, driving ranges, archery ranges, campgrounds, or go-kart tracks.

“Recreational vehicle park” means any lot or parcel of land upon which two or more recreational vehicles sites are located, established, or maintained as temporary living quarters for recreation or vacation purposes. Such facilities may include sites for camping.

“Recycling facility” means a facility for the collection and storage of recyclable materials generated from domestic or small business sources, such as bottles, cans, paper, cardboard, aluminum and plastics, to be sorted and/or processed elsewhere. This definition does not include facilities for the processing of recyclable materials, which is classified as a light industrial use.

“Residential planned development” means a development having as its principal activity the residential use of the site.

“Restaurant” means a use providing preparation and retail sale of food and beverages, including coffee shops, sandwich shops, ice cream parlors, fast food take-out, espresso stands, and similar uses. A restaurant may include licensed on-site provision of alcoholic beverages for consumption on the premises when accessory to such food service.

“Roof line” means the roof which covers the primary structure, excluding architectural features that project above the primary structure roof, such as, but not limited to, towers, porticos, parapet walls and elevator shafts that have no space able to be occupied and do not directly or indirectly affect the use or occupancy of the primary structure. This definition is only applicable for determining sign placement. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.08.130 “S.”

“Satellite dish, commercial” means a circular or parabolic (dish-shaped) device of solid or mesh construction, more than two meters in diameter, designed and erected for the purpose of receiving telecommunication signals.

“School” means an institution of learning, whether public or private, which offers instruction recognized by the Washington State Office of Superintendent of Public Instruction. This definition includes kindergarten, elementary school, junior high school, senior high school, or any special institution of education. A vocational or professional institution of higher education, including a community or junior college, college, or university, is defined under “institution of higher education.”

“Service and repair, motorized” means an establishment providing major repair and/or maintenance of motor vehicles and/or boats, equipment or major appliances, including, but not limited to, mechanical repair, replacement of parts, body repair, painting, engine overhaul, or other major repair or maintenance, including operations that may require open flame or welding.

“Service and repair, nonmotorized” means an establishment providing maintenance and/or repair of nonmotorized recreational equipment including, but not limited to, bicycles, skis, rollerblades, skates, canoes, kayaks, or golf equipment.

“Service station” means a business that sells gasoline or alternative vehicle fuels, including self-service gas stations, full-service gas stations, diesel fueling stations, oil change and lubrication shops, auto detailing shops and car washes. Businesses which provide major repair work such as engine overhauls, vehicle painting, or body repair are classified as “service and repair, motorized.”

“Setback distance” means the minimum distance required by this title for buildings to be set back from property lines, rights-of-way or private drives.

“Setback line” means a line which is parallel to a lot line located at the distance required by the setback.

“Shrub” means a self-supporting, woody plant species as normally grown in Chelan County.

“Sign” means a device designed and/or intended to inform or attract the attention of persons not on the premises on which the sign is located, using letters, numbers, words, symbols, logos, or registered trademarks.

“Sign, banner” means a flexible material on which a sign is manufactured that is attached to a building or displayed on private property (e.g., Pepsi/Coke vinyl type banners).

“Sign copy area” means the entire area within a single continuous perimeter composed of squares or rectangles, which enclose the extreme limits of the advertising message, logos, symbols or letters on a sign. The copy area of a projecting and/or freestanding sign is calculated as one face only. Overall cabinet or sign backing is limited to 20 percent of copy area (e.g., a 60-square-foot sign can have a 72-square-foot cabinet).

“Sign, electronic message center/reader board” means a light-emitting diode (LED) based sign, or a board with manually changed letters.

“Sign, freestanding” means a sign supported by one or more columns, uprights, or braces in or upon the ground, not attached to or forming part of a building. Copy area of a freestanding sign is calculated on one side only.

“Sign, lighted” means a sign illuminated by means of fixtures directing light through transparent surface material; words, pictures, symbols or numbers created out of lights or lighting fixtures, or exterior illumination shining on a sign from the exterior.

“Sign, monument” means a freestanding sign that is above ground level and is anchored to the ground by a solid base, with no open space between the sign and the ground.

“Sign, off-site” means a sign related in its subject matter to some premises or lot other than the premises or lot on which the sign is located. Off-site signs are prohibited in this community except community banner signs meeting the provisions of WCC 10.50.015.

“Sign, on-site” means a sign related in its subject matter to the premises on which it is located, or to products, accommodations, services, or other activities on the premises.

“Sign, portable” means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. These include but are not limited to sandwich boards, on-site banner signs, flags, and air-actuated attractants.

“Sign, projecting” means a sign, other than a wall sign, which is attached to a building face or wall with its display area running vertically to the face or wall of the building to which it is attached. The copy area of a projecting sign is calculated on one side only.

“Sign, unlighted” means a nonilluminated sign visible only as a result of natural light, lights from passing automobiles or passive background illumination such as street lights and typical residential lighting which only incidentally provides indirect illumination to said sign.

“Sign, wall” means a sign affixed in such a manner to the building that its exposed face is parallel, or approximately parallel, to the plane of the building on which it is affixed, or painted directly on the building. Wall signs include signs on awnings, canopies or marquees attached to the building face, but do not include signs attached to architectural features that project above the “roof line” as defined.

“Small cell facility” means a personal wireless services facility that meets both of the following qualifications:

(1) Each antenna is located inside an antenna enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and

(2) Primary equipment enclosures are no larger than 17 cubic feet in volume. The following associated equipment may be located outside the primary equipment enclosure and, if so located, are not included in the calculation of equipment volume: electric meter, concealment, telecom demarcation box, ground-based enclosures, battery back-up power systems, grounding equipment, power transfer switch, and cut-off switch.

“Small cell network” means a collection of interrelated small cell facilities designed to deliver personal wireless services through an interrelated network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area. Including facilities similar in nature to small cell facilities, micro-cells, and distributed antenna systems (DAS).

“Storage” means a space or place where goods, materials, and/or personal property are placed for more than 24 consecutive hours.

“Storage, container” means intermodal transport units, isotainers, and similar shipping containers that are generally transported on cargo ships, railroad cars, trucks, and/or planes.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above it. It is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof.

“Structure” means that which is built or constructed; an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner, but not including residential fences, retaining walls of less than four feet in height, rockeries, and similar improvements of a minor character.

“Student housing” means a facility restricted to the residential occupancy of students including dormitories, fraternities, and sorority houses.

“Substandard street” means a public street having less than a full standard right-of-way for its class of street and/or a public street having less than full improvements for its class of street.

“Supervised living facility” means a facility where people reside on an in-patient basis for a period in excess of 24 hours and have some or all of their living needs met by others; convalescent home, congregate care facility, and nursing home, etc., consisting of five or more bedrooms or patient rooms. Such establishments shall be duly licensed by the state of Washington. A facility with five or less rooms can be considered a “group home.” (Ord. 2018-12 § 1 (Exh. B); Ord. 2017-31 § 1 (Exh. B); Ord. 2011-30 § 4; Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.08.135 “T.”

“Theater” means a building or part of a building devoted to showing motion pictures or for dramatic, dance, musical, or other live performances.

“Theater, drive-in” means an outside area devoted to showing motion pictures or for dramatic, dance, musical, or other live performances where vehicles can pull in to watch the performance.

“Transient rental” means a dwelling unit or habitable unit which is used, let, sublet, occupied or possessed for a period of 30 consecutive days or less.

“Travel trailer” means a portable structure built on a chassis designed to be used as a temporary dwelling for travel and recreational purposes.

“Tree” means a self-supporting woody plant of a species which normally grows to an overall mature height of at least 12 feet in Chelan County. (Ord. 2010-03 § 1 (Exh. A); Ord. 2009-08 § 2; Ord. 2007-34 § 2 (Exh. A))

10.08.145 “V.”

“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 code would pose undue hardship unnecessary in carrying out the spirit of this code. (Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.08.150 “W.”

“Wall surface” means a single wall plane parallel to the public right-of-way; provided, however, that any building greater than 20 feet in height and set back more than 20 feet from the lower floor building edge shall not be included in the calculation.

“Warehouse” means a building or portion thereof primarily used for storage and/or distribution of products, equipment, materials or commodities that are not available for retail sale on the premises.

“Welding and metal fabrication” means a business engaged in stamping or shaping pieces of metal which are then connected by heat until molten and fused, in order to manufacture, service, or repair sheet metal products, including for the purposes of creating art.

“Wholesale products incidental to retail business” means a retail business primarily engaged in the selling of goods to the general public, but also sells wholesale products to retailers at a scale that is incidental to the general retail component of the business.

“Wholesale sales” means an establishment or place of business primarily engaged in selling merchandise to retailers or at wholesale pricing.

“Wireless communication antenna” means any exterior apparatus and supporting structures, less than 20 feet in height, designed for communication through the sending and/or receiving of electromagnetic waves for the purpose of providing the distribution of signals to other customers.

“Wireless communication facilities” or “WCF” means a staffed or unstaffed facility or location for the transmission and/or reception of radio frequency (RF) signals or other wireless communications or other signals for commercial communications purposes, typically consisting of one or more antennas or group of antennas, attachment support structure, transmission cables and other transmission equipment, and an equipment enclosure or cabinets. Small cell facilities and networks are included within the definition of wireless communication facilities; see specific definition(s) under WCC 10.08.130.

“Wireless communication tower” means any structure, greater than 20 feet in height, that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular towers, alternative tower structures, and the like. This definition does not include utility support structures such as utility poles, streetlights, traffic signals, or structures of a similar nature.

“Wrecking yard” means an area in which is conducted the dismantling and/or wrecking of new and used motor vehicles, machinery, or trailers; the sale of partially dismantled, obsolete, or wrecked vehicles or their parts. (Ord. 2017-31 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))

10.08.160 “Y.”

“Yard” means a required open space from the ground upward between a property line and a building line.

“Yard, front” means a yard extending the full width of the lot, and lying between the front line of the lot and the building setback line. On through lots, a front yard shall be maintained on both street frontages. On corner lots, front yards shall be maintained on both street frontages.

“Yard, rear” means a yard extending the full width of the lot and lying between the back line of the lot and the building setback line. Rear yards shall be at the opposite end of a lot from the front yard. On corner lots, only one rear yard is required and can be opposite either front yard. In the case of triangular or otherwise irregularly shaped lots, the rear yard setback is measured from a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

“Yard sale” means an outdoor sale of used personal or household items held on the seller’s premises and operated on a temporary basis not to exceed seven days per year.

“Yard, side” means a yard extending between the front setback line and the rear property line and between the side property line and the building line. (Ord. 2016-22 § 1 (Exh. B); Ord. 2010-03 § 1 (Exh. A); Ord. 2007-34 § 2 (Exh. A))