Chapter 17.08


17.08.010    Definitions.

17.08.010 Definitions.

As used in this title, the following words shall have the following definitions:

“Access driveway” means a private way (road or easement) giving access from a public way to a building or parking facility on abutting property.

“Accessory dwelling unit” means a small self-contained residential unit located on the same lot as a single-family home and has all the basic facilities needed for day-to-day living including a kitchen, bathroom and sleeping area.

“Accessory structure or use” means a structure or use incidental and subordinate to the main structure or use and located on the same lot as the main structure, i.e., storage sheds, garages, or in the same location as the main use.

“Administrator or zoning administrator” means the duly appointed town land use administrator.

“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 adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for by law (Chapter 70.128 RCW).

“Agricultural building” means a structure designed and constructed to store farm implements or hay, grain, poultry, livestock, fruit, and other agricultural products. The structure shall not be used for human habitation; processing, treating or packaging agricultural products, nor shall it be a place used by the public.

“Agricultural market” means a use primarily engaged in the retail sale of fresh agricultural products, grown either on or off site, but may include as incidental and accessory to the principal use, the sale of factory-sealed or prepackaged food products and some limited nonfood items. This definition does include the sale of livestock.

“Agriculture” means the tilling of soil, raising of crops and horticulture.

“Agriculture-related industry” means specifically:

1. “Packaging plants” means and includes but is not limited to the following activities: washing, sorting, crating 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. Does not include processing activities, or slaughter- houses, animal reduction yards, and tallow works.

2. “Processing plants” means and includes but is not limited to those activities which involve the fermentation or other substantial chemical and physical alteration of the agricultural product. Does not include slaughterhouses or rendering plants.

3. “Storage facilities” means and includes those activities which involve the warehousing of processed and/or packaged agricultural products.

“Alley” means a public thoroughfare or way twenty (20) feet or less in width and which has been dedicated to the town. Alleys provide only a secondary means of access to abutting properties.

“Amendment” means a change in the wording, content or substance of this title, or change in the district boundaries on the official zoning map.

“Animal clinic/hospital” means a structure used for veterinary care of sick or injured animals within the confines of the principal structure. The boarding of animals is limited to short-term care, and is accessory to the principal use. This definition does not include kennels.

“Animal/livestock commercial auctions” means public auctions for animals or livestock conducted as a commercial enterprise, including accessory uses such as barns and stables therefor.

“Animal shelter” means a building or structure (including external fenced cages or yards) for the care of lost, abandoned, homeless or injured animals, whether domestic or wild.

“Appeal” means a request for review of a decision, determination, order or interpretation, by the administrator or town council of any provision of this title.

“Applicant” means a person submitting an application for any permit or approval required by this title and who is the owner of the subject property or the authorized agent of the owner.

“Application complete” means the application form, together with all the accompanying documents and exhibits required by this title or the responsible official, and all appropriate fees having been reviewed and accepted as complete by the appropriate responsible official or his/her designee (including SEPA checklist and fee therefor as required).

“Artist or artisan studio” means a workspace for an artist or artisan/craftsperson.

“Attached” means, in the case of dwellings, two or more dwellings connected by a common vertical wall(s), or in the case of multi-story buildings by common ceiling/floor(s).

Automobile Service Station. See “Service station.”

“Automobile, trailer or mobile home sales” means a place used for the display, sale or rental of new or used automobiles, trucks, manufactured and mobile homes, travel trailers, and campers and/or motor homes.

“Automotive wrecking yard” means a place used for the storage and/or sale of used automotive parts and for the storage, dismantling, sorting, cleaning, crushing or baling of wrecked automobiles, trucks, trailers or machinery.

“Bed and breakfast” means an owner-occupied single-family dwelling in which not more than two bedrooms for not more than six guests total are rented for money or other valuable consideration to the traveling public. For the purposes of this title this use is not considered a commercial enterprise, rather it will be considered as an extended family unit which is comparable in intensity of use to that of a blood-related family with two or more children who are licensed drivers. Only one meal, breakfast, may be served at a bed and breakfast.

“Beverage industries” means the production, processing, and/or packaging of milk, soft drinks, beer, wine, fruit juices and other drinks.

“Blacksmith or horseshoeing shop” means a shop or business offering the service of iron forging, horseshoe making, and the sale of the products of such service or skill.

“Boardinghouse” means an establishment providing both lodging and meals for not more than eight persons residing in the facility on a permanent or semipermanent basis.

“Book, stationery, office supplies” means a shop or business offering for retail sale, books, magazines, stationery, office and related paper or literary items or supplies.

Building. See “Structure.”

“Building area” 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 building coverage regulations.

“Building code” means the Uniform Building Code and related codes as amended and adopted by the town.

“Building height” is the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the decline of a mansard roof or to the height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

1. The elevation of the highest adjoining sidewalk or finished ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or finished ground surface is not more than six feet above the lowest finish grade.

2. An elevation six feet higher than the lowest finished grade when the highest sidewalk or finished ground surface described in subsection 1 of this definition is more than six feet above the lowest finished grade.

“Building official (building inspector)” means that person or persons designated by the mayor or the town council to enforce the provisions of the building code and related codes, and administer the assigned provisions of this title. For the purposes of this title, building official means building and enforcement official.

“Bus passenger terminal” means a building or structure where buses pick up and discharge passengers and/or freight, including ticket sales and accessory uses such as snack bars or small restaurants conducted within the principal station or terminal building, but excluding bus storage, maintenance or repair facilities.

“Butcher shop” means a custom retail meat cutting operation. This definition does not include slaughtering but does include other accessory uses such as frozen food lockers when operated in conjunction with a retail meat cutting business.

“Campground or recreational vehicle park” means a development providing facilities for outdoor recreational activities, including structural improvements which may include covered cooking areas, group facilities, self-contained travel trailer/motor home sites, tent sites, restroom and shower facilities, and laundry facilities for the convenience of temporary occupants. This definition includes camping clubs when developed in accordance with applicable state laws and this title.

“Car wash” means any structure requiring the installation of special equipment and plumbing, which is used or intended to be used primarily for the washing of motor vehicles.

“Change of use” means a change from one use listed in Chapter 17.16, Allowed Uses to another use listed in that chapter (or unlisted).

“Child care home, family” means a state licensed facility in the family residence of the licensee providing regularly scheduled care for twelve (12) or fewer children, within birth through eleven (11) years of age range exclusively, for periods less than twenty-four (24) hours, as defined in WAC 388-155-010 as it exists or is hereafter amended.

“Child day care center” means a state licensed agency which regularly provides care for thirteen (13) or more children one year of age through twelve (12) years of age for periods less than twenty-four (24) hours. Child day care centers shall not 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.

“Church” means a structure, or group of structures, which by design and construction are primarily used for religious services and/or instruction.

Clinic, Medical. “Medical clinic” means a structure for the medical examination and treatment of human patients, but without provision for keeping such patients overnight on the premises.

“Commercial parking lot” means a lot, yard or structure for the fee parking of automobiles by the public, operated as a commercial business and not by the town.

“Communication tower” means any tower, pole, mast, whip, or antenna, or any combination thereof used for radio, cellular communications or television transmission or line-of-sight relay. This definition includes towers erected for use in the amateur radio service.

“Communication tower height” means the vertical distance above the ground measured to the highest point of the communication tower.

“Community center, meeting hall, fraternal lodge” means structures for civil, public and club meetings or gatherings, with or without accessory kitchens and dining facilities not operated as regular commercial enterprises.

“Compatibility” means the congruent arrangement of land uses and/or project elements to avoid, mitigate or minimize (to the greatest extent reasonable) conflicts.

Complete Application. See “Application, complete.”

“Comprehensive plan” means the town comprehensive plan and any amendments, addenda or supplemental plans that are duly adopted by the town.

“Computer/communications services” means a business in which the primary function is to provide service(s) which utilize computer or communications technology, including, but not limited to, production of computer software, digital media, or internet services. This definition does not, however, include such physical infrastructure as communications towers or antennas.

“Condition(s) of approval” means restrictions or requirements imposed by a reviewing official or body pursuant to authority granted by this title.

“Condominium” means real property, portions of which are designated for separate ownership and the remainder of which are designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded pursuant to Chapter 64.34 RCW as it now exists or is hereinafter amended.

Condominium, Time-Share. “Time-share condominium” means a multifamily dwelling unit in which the individual dwelling units are owned or intended to be owned by several or more owners, with each owner having right to said dwelling unit for a specific period(s) of time during each calendar year.

“Conference center” means a facility used for seminars, conventions, symposiums and similar uses with meetings rooms and possibly food service or other attendant commercial facilities.

“Congregate care or assisted living facility” means a facility that provides nonmedical residential care in a boarding home, under contract or license with the state.

“Convalescent or nursing home” means an establishment providing nursing, dietary and other personal services to convalescents, invalids or aged persons, but not mental cases and cases for contagious or communicable diseases which are customarily treated in sanitariums and hospitals.

“Council or town council” means the town council of Winthrop, Washington.

“County” means Okanogan County, Washington.

“Day” means calendar day unless specified as a working day. (Working day means all normal business days and hours that the Town Hall would normally be open for business excluding recognized holidays.)

Day care. See “Child care home, family” and “Child day care center.”

“Dedication” means to convey ownership of property, or a specific property right, via a written instrument, to a public agency/entity for a specific use or purpose, e.g., roads, parks or trails; or to set aside, designate or reserve an area for a specific use or purpose.

“Delicatessen specialty food stores” means retail food stores selling ready-to-eat food products such as cooked meats, prepared salads or other specialty food items which may be prepared on the premises. This definition includes seafood, health food and other specialty food items.

“Development” means “use” as defined by this title.

“Development permit” means written authorization for development or modification of development as defined in this title.

“Divide” means any transaction or action, (not otherwise exempt or provided for under the provisions of this title), which alters or affects the shape, size or legal description of any part of an owner’s “land” as defined in this chapter. Sale of a condominium apartment and rental or lease of a building, facility or structure which does not alter or affect the legal description of an owner’s “land” shall not constitute a division of land.

“Domestic farm animal” means animals domesticated by humans to live in a tame condition or fenced yard, but excluding domestic house pets. This definition includes, but is not limited to, dairy cows, beef cattle, horses, ponies, mules, llamas, goats, sheep, and swine.

“Domestic fowl” means birds such as chickens, turkeys, ducks, or geese raised primarily for meat or eggs.

“Driveway” means the legal method of ingress and egress (access) to a lot, parcel or tract of land for vehicular traffic. For the purpose of this title, this definition also includes the required traveled way to or through a parking lot or facility and that area located between one or two rows of designated parking stalls.

“Drugstore” means a structure where the primary business is the filling of medical prescriptions and the retail sale of drugs, medical devices and supplies, and nonprescription medicines, but where nonmedical products are sold as well.

“Dwelling or dwelling unit” means a building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation for not more than one family; hotel, motel, rooms and boarding units which are used primarily for transient tenancy shall not be considered as dwelling units for zoning purposes.

Dwelling, Multifamily. “Multifamily dwelling” means a building containing three or more independent dwelling units.

Dwelling, Single-Family. “Single-family dwelling” means a structure or portion thereof, designed to contain a single dwelling unit. Single-family dwellings are further classified by their nature of construction as follows:

1. “Site-built” means a dwelling primarily constructed on the site to be occupied by the structure and which is permanently affixed to the ground by footings and foundation;

2. Modular Home. See “Modular home”;

3. Manufactured Home. See “Manufactured home”.

Dwelling, Three- or Four-Family. “Three- or four-family dwelling” (also “triplex, fourplex, or quadplex”) means a multifamily use containing three or four independent dwelling units connected by a common vertical wall or, in the case of multi-story building, by common ceiling and floor, all in a single structure.

Dwelling, Two-Family. “Two-family dwelling” (also “duplex”) means two independent dwelling units connected by a common vertical wall or, in the case of multi-story building, by common ceiling and floor, all in a single structure.

“Earthen material” means sand, gravel, rock, aggregate and/or soil.

“Easement” means the granting of the use of one or more property rights by the property owner to and/or for an individual, entity, corporation or the public.

“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 level” means the standardized indicators of electrical force, or voltage, at which an electric vehicle’s battery is recharged. Levels 1, 2 and 3 are defined by electrical output, per the following specifications:

1. Level 1. Voltage including the range from one through one hundred twenty (120).

2. Level 2. Voltage is greater than one hundred twenty (120) up to two hundred forty (240).

3. Level 3. Voltage is greater than two hundred forty (240), and is considered rapid charging.

“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.

“Environmental review” means the procedures and requirements established by the State Environmental Policy Act, Chapter 43.21C RCW, as it now exists or is hereafter amended.

“Environmentally sensitive area” means those areas with one or more of the following characteristics:

1. Slopes in excess of twenty (20) percent;

2. One hundred (100) year floodplain;

3. Unstable soils;

4. Soils subject to erosion or which are highly acidic;

5. Land formerly used for landfill operations or hazardous wastes;

6. Fault areas;

7. Stream corridors or riparian areas;

8. Estuaries;

9. Mature stands of native vegetation and other stands of wildlife habitat; and

10. Aquifer recharge (wetlands, alluvial fans and the toe of slopes) and discharge areas.

“Family” means an individual, or two or more persons related by blood or marriage, or two or more persons with functional disabilities as defined herein, living together in a dwelling unit, which may or may not also provide meals or lodging for not more than four additional persons (excluding servants); or a group of not more than five persons (excluding servants) who need not be related by blood or marriage living together in a dwelling unit.

“Fencing” or “fence” means an arrangement of wood, metal, wire, mesh or other materials running around, along, or by the side of any open area to prevent or restrict passage in or out.

“Finding” is a conclusion of fact reached by the reviewing official commission or council in a review process and based on the evidence available therein.

“Floodplain (one hundred (100) year)” means the relatively flat area or lowlands adjoining the channel of a river or stream subject to a one percent or greater chance of flooding in any given year.

“Glare” is the reflection of harsh, bright, light.

“Golf course” means a parcel or tract of land that is improved for the purpose of playing golf, e.g., greens, tees or fairways, shelters, clubhouse and ancillary maintenance buildings.

“Grade” is the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or when the property line is more than five feet from the building, between the building and a line five feet from the building.

“Gross floor area” means the total square footage of all floors in a structure as measured from the interior surface of each exterior wall of the structure, and including halls, lobbies, stairways, elevator shafts, enclosed porches and fully enclosed recreation areas and balconies, but excluding attic space, mechanical rooms, uncovered steps and fire escapes, private garages, carports, off-street parking and loading spaces, and basements if the ceiling is less than six feet above the basement floor.

“Groundwater” means the supply of fresh water under the surface of the ground in an aquifer that forms a natural reservoir of potable water.

“Group home” means a place for handicapped, physically or developmentally disabled adults, or dependent or predelinquent children, providing special care in a homelike environment. This definition does not include homes of this nature for three or fewer persons (excluding house parents).

“Habitat” means the sum of all environmental factors of a specific place necessary for the support or sustenance, on a permanent or temporary basis, of an organism, species, population or community.

“Halfway house” means a home for juvenile delinquents and adult offenders leaving correctional and/or mental institutions; or leaving a rehabilitation center for alcohol and/or drug users; which provides residentially oriented facilities for the rehabilitation or social adjustment of persons who need supervision or assistance in becoming socially reoriented but who do not need institutional care.

“Hazardous waste and/or material” means any substance, liquid, solid, gas, sludge, including any material substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste (as described in Rules adopted under Chapter 70.105 RCW) that is manufactured, stored, used or disposed of in such a quantity or concentration that it is regulated by and requires approval from the Washington State Department of Ecology, State Department of Social and Health Services, and/or the Environmental Protection Agency.

“Hazardous waste treatment and storage facility” means a facility that requires an interim or final status permit from the State Department of Ecology under the Dangerous Waste Regulations, Chapter 173-303 WAC. Treatment and storage facilities include hazardous waste handling through such means as containers (barrels, drums), above and underground tanks, and waste piles and surface impoundments that will be cleaned up and not closed as landfills. Hazardous waste generators that do not accumulate their wastes on-site are not treatment and storage facilities, nor are hazardous waste incinerators and land disposal facilities which are state preempted facilities (RCW 70.105.240).

“Helipad” means a designated touchdown spot for short-term occasional use by helicopters.

“Heliport” means all helicopter landing sites except for helipads, and a site for one, privately owned, noncommercial helicopter. The heliport may include maintenance, refueling, repairs or storage facilities.

“Historic preservation” means the protection, rehabilitation and restorations of districts, sites, buildings, structures and artifacts of local, regional, state or national significance in history, architecture, archaeology or culture.

“Home occupation” means the accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services in the home, and meeting the standards and restrictions of Section 17.12.030.

“Home occupation, business administration” means the accessory use of a dwelling unit as an administrative office for an occupation conducted away from the home. The home is used for phone calls, mail and completing paperwork associated with a business. This definition does not include manufacturing, sales, repair or other services.

“Homeowners association” means a community association, other than a condominium association, in which individual owners share ownership or maintenance responsibilities for open space or facilities.

“Hospital” means an institution providing clinical, temporary and emergency services of a medical or surgical nature to human patients which is licensed by state law to provide facilities and services for surgery, obstetrics and general medical practice as distinguished from clinical treatment of mental and nervous disorders.

“Housing for people for functional disabilities” means housing used, or intended for use, by persons with functional disabilities. The term includes, but is not limited to, adult family homes, residential care facilities, and housing for any supported living arrangement, as defined in this chapter.

“Hydrology” means the science dealing with the properties, distribution and circulation of water and snow.

“Impervious surface” means any surface or surface applied material which reduces or prevents absorption of storm water into the ground. Impervious surfaces include but are not limited to roofed structures, asphalt, concrete and other surfaces designed to shed water.

“Intensity” is the combination of factors (such as visual appearance and building size, traffic generation, noise, dust and light and economic value) associated with a particular use that determines the potential impact of that use on neighboring land uses. The higher the intensity the greater the possible impact on neighboring land uses. Generally the intensity of a land use will determine its compatibility with other types of land uses.

“Junkyard” means any lot, parcel, tract of land, building, structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal, vehicular parts, glass, used building materials, household appliances, brush, wood or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor or recreational vehicles or any other type of junk. This definition shall not include recycling drop-off stations.

“Kennel” means an establishment (including a residence) in which three or more dogs, more than one-year old, are housed, kept, groomed, bred, boarded, trained or sold.

“Land” means any lot, parcel or tract of real property (ground, soil, earth).

“Land use” means the method or manner in which land and structures are occupied or utilized.

“Landmark” means:

1. Any site, building, structure or natural feature that has visual, historic or cultural significance; or

2. A permanent marker designating property boundaries.

“Landscaping” means an expanse of natural scenery, including the arrangement, placing and/or planting of trees, grass, shrubs and flowers.

“Lawful fence” means a fence considered lawful under Chapter 16.60 RCW, as amended; and the definition of a lawful fence set forth in RCW 16.60.010, as amended, is incorporated herein and by this reference made a part hereof as if fully set forth.

“Legislative body” means the town council of the town of Winthrop, Washington.

Loading Space, Off-Street. “Off-street loading space” 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.

“Lot” means a division of land:

1. Having defined boundaries and shown on a final plat or short plat officially recorded in the Okanogan County auditor’s office; or

2. Which is a legally recognized prior division or parcel under the provisions of the town’s subdivision ordinance or short plat ordinance.

“Lot area” means the total horizontal area (in square footage) within the boundary lines of a lot.

Lot, Corner. “Corner lot” means a lot abutting two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees.

“Lot coverage” means that portion of the lot that is covered by structures, including any eaves, overhangs and roofed structures, and other impervious surfaces. Lot coverage is expressed as a percentage of the total lot area.

Lot Coverage (grey)

“Lot depth” means the horizontal length of a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.

Lot Line, Front. “Front lot line” means, in the case of an interior lot, the property line separating the lot from the road. For the purpose of establishing the front lot line for a corner lot, the front lot line shall be the property line with the narrowest street frontage, except, the building official, or his/her designee, shall designate the front lot line for corner lots in residential districts.

Lot Line, Rear. “Rear lot line” means the property line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of triangular or trapezoidal lots, the rear line of which is formed by two or more lines, the following shall apply:

1. For a triangular or gore-shaped lot, a line ten (10) feet in length within the lot and farthest removed from the front lot line and at right angles to the line comprising the depth of such lot shall be used as the rear lot line.

2. In the case of a trapezoidal lot, the rear lot line of which is not parallel to the front lot line, the rear lot line for the purpose of this title, shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the actual rear lot line.

3. In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot.

Lot Line, Side. “Side lot line” means any lot boundary line that is not a front or rear lot line.

Lot, Through. “Through lot” means an interior lot having frontage on two streets.

“Lot width” means the horizontal distance between the side lot lines measured at right angles to the line comprising the depth of the lot at a point midway between the front and rear lot lines.

“Manufactured home” means a dwelling on one or more chassis for towing to the point of use which bears an insignia issued by the state or federal regulatory agency indicating that the structure complies with all applicable construction standards of the U.S. Department of Housing and Urban Development definition of a manufactured home. Manufactured homes are further classified as follows:

1. Multiwide. Have a minimum width of not less than seventeen (17) feet as measured at all points perpendicular to the length of the manufactured home;

2. Single-Wide. Have a minimum width less than seventeen (17) feet as measured at any point perpendicular to the length of the manufactured home.

“Manufacturing use” means an industry which uses mechanical power and machinery to produce goods for retail or wholesale; “manufacturing use” does not include small scale artisan crafts.

Map, Contour. “Contour map” means a map that graphically illustrates variations in land elevations.

“Marijuana retail” means a business licensed under Chapter 314-55 WAC to sell only usable marijuana, marijuana-infused products, and marijuana paraphernalia at retail in retail outlets to persons twenty-one (21) years of age and older.

“Mining” means the act of extraction from the earth of minerals and/or ores (including sand and gravel) via open pit, shaft, leaching or hydraulic methods.

“Mini-storage” means a building(s) or site used for temporary storage (indoors or outdoors) of household goods, recreational vehicles and other similar goods.

“Mixed use development” means use of the land or structure for two or more different uses.

“Mobile food vending unit” means a readily movable food service establishment such as a pushcart, van, trailer, or a temporary/movable structure approved for mobile food vending by Okanogan County Public Health. It provides space for limited storage, handling, and/or dispensing of foods. The entire operation must be contained within/on the mobile unit, except that expansion of the operation will be allowed in conjunction with an approved special event as allowed by the town of Winthrop and Okanogan County Public Health.

“Mobile food vendor” means a person or persons owning, operating, or working in a mobile food vending unit licensed under Chapter 5.04, Business Licenses Generally, Chapter 246-215 WAC and the rules of Okanogan County Public Health.

“Mobile home” means a dwelling on one or more chassis for towing to the point of use which does not meet applicable H.U.D. Manufactured Housing Standards of June 15, 1976. This definition does not include modular homes, manufactured homes, commercial coaches, recreational vehicles or motor homes.

“Mobile home park” means a parcel of land under single ownership used for or available for rent for the placement of two or more mobile or manufactured homes used as dwellings.

“Mobile home park expansion” means the preparation of additional sites for mobile or manufactured homes (including the installation of utilities, final site grading, the pouring of concrete pads, and the construction of streets).

“Modification (of use or development)” means any change or alteration in the occupancy, arrangement, placement or construction of any existing use, structure or associated site improvement, and any change or alteration of land.

“Modular home” means a residential structure which meets the requirements of the Uniform Building Code and is constructed in a factory and transported to the building site.

“Multifamily use” means three or more dwelling units on the same parcel of land, which may or may not be in the same structure, whether owned in common or owned by an individual.

“Multiple occupancy building” means a single structure housing more than one retail business, office or commercial venture.

“Museums, art galleries” means buildings for the display, exhibit, sale and/or public viewing of artwork, artifacts, natural or human history or similar exhibition.

Museums, Nonprofit Historical. “Nonprofit historical museums” means buildings and/or exterior display for public viewing of natural or human historical artifacts, or exhibitions, operated by a licensed, registered not-for-profit organization.

“Nonconforming lot” means a lot, the area and dimension of which was lawful prior to adoption or amendment of this title, but which fails to conform to the present requirements of the zoning district in which it is located.

“Nonconforming structure” means a structure which was lawful prior to the adoption or amendment of this title, but which fails by reason of such adoption or amendment, to conform to the present requirements of the zoning district in which it is located.

“Nonconforming use” means a use of land or structures which was lawfully established and maintained at the effective date of the ordinance codified in this title but does not conform to this title for the district in which it is located.

“Nuisance” means any use, activity or structure that interferes with the enjoyment and use of one’s property by endangering personal health or safety, offending the human senses and/or failing to conform with the provisions, intent or standards of the district in which the use, activity or structure occurs.

“Nursery” means facilities used for the propagation and sale of agricultural or ornamental plants and related products.

“Occupancy” means the purpose for which a structure, portion of a structure, or lot is used or intended to be used. For the purposes of this title, a change of occupancy is not intended to include a change of tenants or proprietors, but is intended to indicate a change in the type of use.

“Offsite” means on properties other than those on which the primary facilities are located.

“Off-street parking” means parking space(s) provided beyond the right-of-way of a highway, street or alley.

“On-site” means the same geographically contiguous, or bordering property.

“Open space” means any parcel, tract of land or water feature that is essentially unimproved or improved with low intensity agricultural or garden uses and which has been set aside, dedicated, designated or reserved for public use or enjoyment. (See Section 17.32.020 for additional requirements.)

Open Space, Common. “Common open space” means land within or related to development, not individually owned (owned in undivided interest), which is designed and intended for the common use or enjoyment of the residents of the development. Trail systems and organized recreational activities may be included as part of the open space for lot coverage calculations.

“Overnight/transient rentals” means the rental of an approved dwelling unit for periods of less than thirty (30) continuous calendar days. For purposes of zoning and business licensing, overnight/transient rentals are considered commercial rather than residential uses and must be approved and licensed accordingly. For purposes of classifying single-family homes and duplexes that are built or converted for use as overnight/transient rentals, the town shall classify the structures as residences under the International Residential Code (IRC).

“Owner-occupied overnight rental” means rental of one or more bedrooms within an approved dwelling unit for periods of less than thirty (30) continuous calendar days. The dwelling unit shall be the principal residence of the property owner. The number of bedrooms available must be at least one less than the number of bedrooms in the dwelling. Owner-occupied overnight rentals are considered commercial rather than residential uses and must be approved accordingly.

“Pad” means a paved, graveled or improved space in a mobile home or recreational vehicle (RV) park for the purpose of installing a mobile home or parking a recreational vehicle and such an area usually contains utility connections.

“Park” means a public or privately owned area with facilities or areas for outdoor passive recreation by the public.

“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.

“Parking angle” means the angle formed by a parking stall and the edge of a parking bay, wall or driveway of the parking facility, ranging from zero to ninety (90) degrees.

“Parking bay” means the section of a parking facility containing a driveway and containing one or two rows of parking stalls.

“Parking space or parking stall” means an off-street area that is developed, maintained and used for the temporary storage of one motor vehicle.

“Party of record” means the applicant and any other person who has submitted written comment on any action or proposed action, or who has appeared at a public hearing or public meeting and signed an official register requesting notice of further action.

“Path or trail” means a cleared way for pedestrian, bicycle and/or pedestrian transportation and which may or may not be paved.

“People with functional disabilities” means:

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

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

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

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

d. Having a record of having such an impairment; or

2. Being regarded as having such impairment, but such term does not include current, illegal use of or active addiction to a controlled substance.

“Permit” means written government approval issued by an authorized official or body empowering the holder thereof to take some action permitted only upon issuance of written approval.

“Planned development” means development for which a permit has been issued as specified by this title and which is developed according to a single site plan and written program that may contain one or more clusters of structures with appurtenant common areas. (See Chapter 17.32.)

“Planning commission” means the duly constituted and appointed town planning commission.

“Preliminary approval” means the conferral of certain rights, prior to final approval, after specific elements of a written program and site plan have been reviewed by the town planning commission and approved by the town council and agreed to by the applicant.

“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.

“Primary use” means the principal or dominant use of the land or structure. The primary use is the predominant visual presence from abutting streets consistent with the zoning district in which the property is located; for example, an allowed commercial use in a commercial zone.

“Processing or handling of hazardous wastes” means the use, storage, manufacture, production, or other land use activity involving hazardous substances, excluding individually packaged household consumer products or quantities of hazardous substances less than five gallons on volume per container.

“Property owner(s)” means the legal owner or owners of the property.

“Public hearing” means a meeting open to the public that is announced and advertised in advance at which the public is given the opportunity to participate and testify on a particular issue, application, petition or proposal.

“Public utility installation” 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.

“Recreational vehicle (RV)” means a vehicular type unit primarily designed for recreational camping, travel, or seasonal use which has its own motive power or is mounted on or towed by another vehicle. The basic entities are: travel trailer, folding camping trailer, park trailer, truck camper, motor home, and multi-use vehicles. Recreational vehicle also includes boats, snowmobiles and other recreational equipment on or carried by a trailer.

“Recycling center” means a facility where discarded household 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).

“Recycling drop station” means a facility or area for consumer deposit of small recyclable household items (glass, paper, aluminum, etc.) in enclosed containers which are collected and emptied on a regular basis (not less than weekly), without processing, crushing or other handling, and which does not create a nuisance due to odor, noise, appearance, rodent or bug attraction.

“Residential care facility” means a facility, licensed by the state, that cares for at least five people with functional disabilities, that has not been licensed as an adult family home pursuant to Chapter 70.128 RCW. The maximum number of residents shall be established through a conditional use permit.

“Residential density” means the number of dwelling units per net residential acre of land or the minimum number of square footage which must be included in a development for each dwelling unit. This term includes dwelling unit density.

“Restaurant” means a commercial establishment operated primarily for preparing, cooking and serving meals, with the serving of beverages as incidental thereto.

“Retail sales or services” means uses providing services, as opposed to products, to the general public. Examples are eating and drinking establishments, motels, real estate and financial offices and uses providing health education and social services.

“Retail trade” means those uses primarily engaged in the sale of goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Lumberyards, office supply stores, nurseries, butcher shops, paint stores and similar uses shall be considered as retail trade establishments even though a portion of their business may be to contractors or other business establishments.

“Retirement home” means an establishment providing domestic care for elderly persons who are not in need of medical or nursing treatment except in the case of temporary illness. This definition does not include nursing, convalescent or rest homes, hospitals or sanitariums.

“Reviewing official” means the building and enforcement official, administrative official, hearing examiner or legislative body, when engaged in any review or approval procedure under the provisions of this title.

“Rezone” means to change the zoning district classification of particular lot(s) or parcel(s) of land.

Right-of-Way, Public. “Public right-of-way” means land deeded or dedicated to, or purchased by the town for existing or future public pedestrian or vehicular access.

Road, Arterial. “Arterial road” means a public road designated as either a major/principal arterial, secondary/minor arterial, or collector arterial by the transportation element of the town comprehensive plan.

Road, Local Access. “Local access road” means a public road not designed as an arterial, by the town. The primary purpose of a local access road is to connect property along the local access road with the arterial street/road system.

Road, Private. “Private road” means a road not designed, built or maintained by the town, the Washington State Department of Transportation, or any other political subdivision. This definition does not include driveways.

Road, Public. “Public road” means the physical improvement of the public right-of-way, including but not limited to surfacing, curbs, gutters and drainage facilities which is maintained and kept open by the town or the state of Washington for public vehicular and pedestrian use.

“School” means a structure and accessory facilities in which prescribed courses are taught. This definition includes elementary, junior high or high schools and institutions of higher learning, but does not include commercial schools, nursery schools, kindergartens, or day care facilities/centers, except when operated in conjunction with a public, private or parochial school as defined herein.

School, Vocational or Trade. “Vocational or trade school” means the commercial use of a structure or land for teaching arts, crafts or trades.

“Service station” means a retail facility to supply motor fuel and other petroleum products to motor vehicles, and may include lubrication and minor repair service and incidental sale of motor vehicle accessories.

Setback, Front. “Front setback” means the minimum horizontal distance measured perpendicularly from the property line to the nearest protrusion (including roof line) of the structure.

Setback, Side and Rear. “Side and rear setback” means the minimum horizontal distance measured perpendicularly from the nearest property line to the nearest protrusion (including roof line) of the structure; except, that a side setback on a corner lot, along the adjacent right-of-way shall be measured perpendicularly from the centerline of the right-of-way.

“Sign” means any medium, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising purposes.

“Sign shop” means a business that manufactures signs, excluding signs which are hand-painted by an artisan.

“Single-family tourist accommodations” means the rental or use of a single-family residential dwelling unit including single-family dwellings or condominiums or a dwelling unit(s) in a duplex or multifamily building, for transient or tourist use on a nightly, weekly or other basis less than month-to-month rentals, and shall include time-share ownership. (See Condominium, Time-Share.)

“Site improvement” means any structure or other addition to land, including construction of roadways, utilities or other improvements on the property.

Site Improvement, Required. “Required site improvement” means any specific design, construction requirement or site improvement which is a condition of approval for any permit issued under the provisions of this title or which is a part of any site plan approved under the provisions of this title.

Site Plan, Detailed. “Detailed site plan” means a general site plan incorporating such additional factors as landscaping, drainage, and others as may be specified.

Storage Facilities, Bulk. “Bulk storage facilities” means either enclosed (see “Warehouses”) or outdoor areas designed for the storage of either large quantities of materials or materials of a large size.

Storage Facilities, Residential Mini-Storage. “Residential mini-storage facilities” means enclosed areas providing storage for residential goods and/or recreational vehicles within the structure.

Storage, Hazardous Waste. “Hazardous waste storage” means the holding of dangerous waste for a temporary period. Accumulation of dangerous waste by a generator (see definition) on the site of generation is not storage providing the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201 as they exist or are hereafter amended.

“Street” means public or private road.

“Structural alteration” means:

1. Any change in a major component or other supporting members of the structure, including foundations, bearing walls, beams, columns, floor or roof joists, girders, rafters; or

2. Any change in the exterior lines or configuration of a structure if such changes result in the enlargement of the structure.

“Structure” means anything constructed or erected which requires location on the ground or attached to something having a location on the ground. As used herein, “structure” shall not include fences.

Structure, Temporary. “Temporary structure” means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

“Supported living arrangement” means a living unit owned or rented by one or more persons with functional disabilities who receive assistance with activities of daily living, instrumental activities of daily living, and/or medical care from an individual or agency licensed and/or reimbursed by a public agency to provide such assistance.

“Tavern or saloon” means an establishment operated primarily for the sale of wine, beer, or other alcoholic beverages with any service of food incidental thereto.

“Timeshare” means a right to occupy a unit or any of several units during three or more separate time periods over a period of at least three years, including renewal options, whether or not coupled with an estate in land pursuant to Chapter 64.36 RCW as it now exists or is hereinafter amended.

“Tourist accommodations” means a facility for the lodging of transients/tourists, including bed and breakfasts, hotels, motels, inns, lodges, time-share condominiums or single-family residential tourist accommodations.

“Trail donation” means the granting, gifting, donation or dedication of an easement or right-of-way to the town or other entity for the express purpose of locating a trail open to the public.

“Travel trailer” means a trailer or other unit designed as a temporary dwelling for travel or recreational uses and which is moved upon public streets and highways and is thirty-five (35) feet or less in length and eight feet or less in width.

“Treatment (hazardous waste)” means the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amendable for storage, or reduced in volume.

“Use” means the activity or purpose for which land or structures or combination of land and structures are designed, arranged, occupied or maintained together with any associated site improvement. This definition includes the construction, erection, placement, movement or demolition of any structure or site improvement and any physical alteration to land itself including any grading, leveling, paving or excavation. Use also means any existing or proposed configuration of land, structures, and site improvements, and the use thereof.

“Use district or zone district” means a portion of the town within which certain uses of land and structures are permitted and certain other uses of land and structures are prohibited, certain yards and other open space may be required and specific lot areas are established, all as set forth and specified in this title.

Use, Accessory. See “Accessory structure or use.”

Use, Modification of. See “Modification (of use or development).”

Use, Principal. “Principal use” means the primary or predominant use to which a structure, part of a structure, or lot is or may be devoted.

“Utilities” are those businesses, institutions, or organizations which use pipes, wires, microwaves, or conductors, in, under, above, or along streets, alleys or easements to provide a product or service to the public, including sewer, water, power, wireless communications, phone and cable communications services.

“Utility services” means facilities operated by utilities but not including local transmission and collection lines, pipes, conductors, transmitters and receivers. Such facilities include, but are not limited to, electrical power substations, cellular phone and other wireless communication towers, water reservoirs, and sewage treatment plants.

“Variance” means a modification of the specific regulations of this title in accordance with the terms of this title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zoning district.

Veterinary Clinic. See “Animal clinic/hospital.”

Vision Area, Clear. “Clear vision area” means a triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

“Warehouse” means a structure used for the storage of goods and materials. Also see “Agricultural building.”

“Waste material processing and junk handling” means a place where waste, discarded or salvaged metal, used plumbing fixtures, discarded furniture and household equipment, and other materials are bought, sold, exchanged, stored or baled, and places or yards for the storage of salvaged materials and equipment from building demolition and salvaged structural steel materials and equipment, but excluding establishments for the processing and sorting of garbage, or for the sale, purchase, storage or dismantling of automotive vehicles and machinery. This definition does not include the processing, storage or disposal of hazardous materials.

“Water system” means any water system or water supply used for human consumption or other domestic uses. This definition includes source, treatment, storage, transmission and distribution facilities.

“Wholesale trade” means those uses primarily engaged in the sale of merchandise to retailers; to industrial, commercial, institutional or professional business users; or to other wholesalers.

“Yard” means an open space other than a court, on the same lot with a structure.

Yard, Front. “Front yard” means the open area extending along and parallel to the entire length of the front lot line and measured from the property line to the structure.

Yard, Rear. “Rear yard” means the open area at the back of the structure extending the entire width of the lot and measured from the structure to the rear property line.

Yard, Side. “Side yard” means an open area between the side of the structure and the side line of the lot. (Ord. 749 § 1 (Exh. A), 2021; Ord. 714 § 1 (Exh. A)(part), 2019; Ord. 699 § 1 (Exh. A)(part), 2018; Ord. 690 § 1, 2017; Ord. 664 § 1, 2014; Ord. 663 § 1, 2014; Ord. 643 § 2, 2012; Ord. 554 § 2, 2004; Ord. 512 § 1, 2000; Ord. 489 § 2, 1998; Ord. 459 § 2, 1996; Ord. 377 §§ 4, 5, 1990; Ord. 372 § 2, 1990)