This chapter provides definitions for terms and phrases used in this title. Where any of the definitions conflict with the definitions used in other Adams County codes or ordinances, the definitions in this chapter shall prevail for the purpose of this title. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-05 § 2 (part))

For the purpose of this title, certain terms or words herein shall be interpreted or defined as follows; except where specifically defined in this chapter all words in this title shall carry the customary meanings:

A.    Words used in the present tense shall include the future.

B.    Words in the singular number include the plural number, and words in the plural number include the singular, unless the context clearly indicates otherwise.

C.    “Person” means and includes a corporation, a member or members of a partnership or other business organization, a committee, association, board, trustee, receiver, agent or other representative, and all other legal entities.

D.    “Shall” is mandatory and not discretionary.

E.    “May” is permissive.

F.    “Use,” “used,” or “occupied,” as applied to any land or building, shall be construed to include the words “intended,” “arranged,” or “designed” to be used or occupied.

G.    “City” or “town” means any city or town in Adams County.

H.    “County” means Adams County.

I.    Unless otherwise specified, all distances shall be measured horizontally.

J.    Words not defined herein, but defined in any other title of the Adams County Code, Revised Code of Washington (RCW) or within the International Building Code shall have the same meaning as defined.

K.    Chapter and section headings contained in this title shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of this title.

For the purposes of this title, certain terms or words shall be interpreted and defined unless the context clearly requires otherwise. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-05 § 2 (part))

Accessory Use or Building.

“Accessory use” or “accessory building” means a use, structure, building, or portion of a building devoted to an activity or use subordinate to the principal use of the premises but located on the same lot as the principal use.

Administrator.

“Administrator” means and refers to the director, his or her designee, or any other official appointed in writing by the director to be responsible for the administration and enforcement of this title.

Adult Family Home.

“Adult family home” means an owner-occupied residential home licensed by the state of Washington of a person or persons residing in the home for a minimum of fifty-one percent of the year, providing personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. An adult family home may provide services to up to eight adults upon approval from the Department under RCW 70.128.066. Adult family homes are a permitted use in all areas zoned for residential or commercial use (RCW 70.128.010).

Agricultural Reserve Developments.

“Agricultural reserve developments,” previously known as “cluster developments,” means land divisions that allow residential uses into a compact area while the overall site maintains density, and which are designed to prevent conflict with resource activities and critical areas while reserving agricultural land.

Agricultural Market.

“Agricultural market” means a building, structure, or land area used for the sale of fresh fruit, vegetables, and other agriculturally produced products grown locally either on- or off-site, and may include as incidental and accessory to the principle use, the sale of food items and nonfood items in a setting centered on an agricultural theme. An agricultural market is distinguished from a roadside farm stand by a larger scale of activity and a greater range of products offered. This definition does not include the sale of livestock, gasoline or fuels.

Agriculturally Related Industry.

“Agriculturally related industry” means specifically:

1.    Packaging Plants. May include but are 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 agriculture product remains essentially unaltered. Does not include processing activities, or slaughterhouses, animal reduction yards, or tallow works.

2.    Processing Plants. May include but are 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. May include those activities which involve the warehousing of processed and/or packaged agricultural products.

Agriculturally Related Industry on Farm.

“Agriculturally related industry on farm” means specifically:

1.    Storage Facilities. May include those activities which involve the warehousing of processed and/or packaged agricultural products in which the physical composition of the agriculture product remains essentially unaltered.

2.    Limited Processing Facility. May include but is not limited to those activities which involve mint stills, fermentation, Cannabis oil extraction that is not hydrocarbon or solvent based. Limited to the immediate farm that the process serves. Does not include slaughterhouses or rendering plants.

Anaerobic Digester System.

“Anaerobic digester system” means a facility designed to produce and collect biogas through the breakdown of organic materials in the absence of oxygen, as regulated by the Department of Ecology per RCW 70A.205.290 and WAC 173-350-250.

Animal Hospital, Clinic or Veterinary, Large.

“Large animal hospital, clinic or veterinary” means an establishment in which veterinary services, clipping, bathing, and other services are rendered primarily to livestock and other farm animals, although domestic pets may also be serviced.

Animal Hospital, Clinic or Veterinary, Small.

“Small animal hospital, clinic or veterinary” means an establishment in which veterinary services, clipping, bathing, and other services are rendered to dogs, cats, and other domestic pets.

Animal Shelter.

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

Applicant.

“Applicant” means any person, entity or government agency that applies for a development proposal, permit or approval subject to review under county codes and ordinances.

Assisted Living Facility.

“Assisted living facility” means a boarding home as defined in RCW 18.20.020 and licensed by the state where residents are housed in private apartment-like units and where assisted living services, including personal care and limited nursing services, are provided for residents by employees of the facility or on contract.

Auto Towing, Secured.

“Auto towing, secured” means a temporary storage area associated with a licensed towing company for impounded vehicles that complies with all applicable federal, state and local regulations.

Auto Wrecking Yard.

“Auto wrecking yard” or “junkyard” means an open area where waste, used, or secondhand materials such as scrap iron, other metals, paper, rags, rubber tires, and bottles are bought, sold, exchanged, stored, baled, packed, disassembled, or handled. This includes the dismantling and/or wrecking of used motor vehicles, machinery, or trailers, the storage or sale of dismantled, obsolete, or wrecked vehicles or parts, and the storage of motor vehicles unable to be moved under their own power. A junkyard includes an auto wrecking yard but does not include uses established entirely within an enclosed building.

Bed and Breakfast.

“Bed and breakfast” means an owner-occupied single-family dwelling in which not more than five bedrooms are rented for money or other valuable consideration to the traveling public and only one meal, breakfast, may be served to guests.

Biosolids.

“Biosolids” means municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process that can be beneficially recycled and meets all requirements of Chapter 70.95J RCW, as it now exists or is hereafter amended.

Boarding or Lodging House.

“Boarding house” or “lodging house” means a dwelling containing a single-family dwelling unit and not more than six sleeping units, where lodging is provided with or without meals, for compensation for more than one week. Boarding housing shall not include rest homes or convalescent homes.

Camp or Campground.

“Camp” or “campground” means a recreational-type camping use and not a camp (farm labor camp) used for seasonal, part-time, or temporary laborers, nor is it when used in this context intended to mean regular period use by organized groups such as young people’s groups, church groups, lodge groups, etc. This term also specifically excludes an encampment for the homeless.

Caretaker’s Residence.

“Caretaker’s residence” means a residential dwelling unit accessory to a commercial or industrial use for occupancy by the owner, caretaker or watchman for the purpose of providing security, taking care of animals, or a similar safety purpose.

Child Care, Family Home.

Child Care, Family Home. See “Day care center, family.”

Clinic (Outpatient).

“Clinic (outpatient)” means a building or portion of a building containing offices for providing medical, dental, or psychiatric services for outpatients only.

Commercial Livestock Sales, Feed Lots/Yards.

“Commercial livestock sales, feed lots/yards” identifies an area where animals (such as cattle, sheep, and horses) are penned in order to feed them for purposes of eventual sale (not to include dairy herds or beef herds grazing on pastures). Feed materials such as hay, concentrates, crop residues, etc., would normally be hauled in and in part stored. It is a commercial feed yard if it is permanent (year-to-year or for only part of a year at a time), and regardless of whether it is the principal source of income of the operator or whether the operator owns the livestock or is engaged in custom feeding and/or selling.

Commercial Wind Energy Facilities.

“Commercial wind energy facilities” means a facility comprised of wind turbine generator(s) greater than one hundred twenty feet in height, measured from the ground to the highest extent of turbine blades, and their construction and micro siting corridors; temporary and permanent meteorological towers; laydown and construction areas and trailer yards; temporary and permanent access roadways and crane pads; underground and aboveground electrical collection/interconnection and communication systems and their respective corridors and rights-of-way; electrical step-up and interconnection substations; visitor kiosks; operations and maintenance facilities; and other related and supporting facilities. Temporary meteorological towers constructed for the purpose of measuring the wind generation potential of potential wind energy project sites are not considered commercial wind energy facilities and are allowed as a permitted use in all zoning districts where commercial wind energy facilities are allowed.

Community Centers.

“Community centers” means a building or group of buildings for a community’s educational and recreational activity.

Community Swimming Pool.

“Community swimming pool” means a pool owned jointly by three or more property owners, designed to be used by residents of a subdivision or community and not operated for a profit. A community swimming pool shall not include an individual’s private pool, semi-public pool, public pool, or a pool operated for profit.

Conditional Use.

“Conditional use” means a use listed among those classified in any given zone but permitted to occur only when authorized by the review authority, and the granting of a conditional use permit imposing certain conditions as will make the use compatible with other permitted uses in the same vicinity and zone, and ensure against imposing excessive demands upon public utilities.

Condominium.

“Condominium” means a building or group of buildings, in which dwelling units are owned individually, common areas and facilities are owned by all the owners on a proportional, undivided basis as provided by the subdivision code in Title 16, and in accordance with Chapter 64.34 RCW, Condominium Act of Washington.

Contractors’ Yards.

“Contractors’ yards” are open spaces used for storing machinery, equipment, materials, and supplies used by the contractor in the pursuit of his business. This is not intended to be a supply yard, but a yard owned or leased by a contractor engaged in some kind of construction work.

Day Care Center.

“Day care center” means a state-licensed facility that regularly provides care for thirteen or more children during part of the twenty-four-hour day as defined in RCW 35.63.170 as it now exists or as may be hereafter amended, and conducted in a place of business other than a residence. For purposes of this code, a day care center may include preschool activity.

Day Care Center, Family.

“Family day care center” means a facility, licensed by the state of Washington, regularly providing care during part of the twenty-four-hour day to twelve or fewer children located in the dwelling of the person or persons under whose direct care the children are placed. For purposes of this code, a family day care provider may include preschool activities.

Day Care Center, Mini.

“Mini day care center” means a person or agency, licensed by the state of Washington, providing care during part of the twenty-four-hour day to twelve or fewer children in a facility other than the family abode of the person or persons under whose direct care the children are placed.

Development.

“Development” means any manmade use or change to improved or unimproved real estate, including without limitation: the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any buildings or any other structures; mining, filling, stockpiling; excavation and grading; and divisions of land.

Drive-Up Food Service.

“Drive-up food service” means an establishment which by design, physical facilities, service or packaging procedures encourages or permits customers to receive food service while remaining in a motorized vehicle.

Driveway.

“Driveway” shall mean private driveways that provide primary vehicular access from a public or private road for up to three lots.

Dwelling.

“Dwelling” means any building that contains one or two dwelling units used, intended, or designed to be built, rented, leased, let or hired out to be occupied, or that is occupied for living purposes.

Dwelling, Multifamily.

“Dwelling, multifamily” means a building containing three or more individual dwelling units.

Dwelling, Single-Family.

“Single-family dwelling” means a detached building containing one dwelling unit. This includes:

1.    “Manufactured home.”

2.    “Modular home (factory-built home).”

3.    Site-built or stick-framed homes.

Dwelling, Two-Family (Duplex).

“Dwelling, two-family (duplex)” means a building designed or arranged to be occupied by two families living independently, with the structure having only two dwelling units.

Dwelling Unit.

“Dwelling unit” means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Dwelling Unit, Accessory (Attached).

“Dwelling unit, accessory (attached)” means a second dwelling unit including separate kitchen, sleeping and sanitation facilities, and entrance, within or attached to a single-family housing unit (primary residence). The second unit shares one or more common or abutting walls and is created auxiliary to the primary residence.

Dwelling Unit, Accessory (Detached).

“Dwelling unit, accessory (detached)” means a second dwelling unit including separate kitchen, sleeping, and sanitation facilities, that is separate and detached from a single-family residence (primary residence). The second unit is created auxiliary to the primary residence.

Educational Facilities.

1.    “Public schools” means a public or private educational learning institution from which instruction is given to children no younger than three years old, and includes elementary schools, high schools, colleges, and agricultural or technical schools or facilities.

2.    “Private schools” means all schools and institutions which are excluded from the above definition of “public schools.” For example, an elementary school operated by a church organization is a “private school.”

3.    “Preschool—Nursery school” means a school or organized program for the care and instruction of preschool-age children under the age of six years, whether public or private, and whether operated for profit or not operated for profit.

Electric Vehicle Infrastructure.

“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 described as follows: “Battery charging station” means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. “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 for a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.

Essential Public Facilities.

“Essential public facilities” means those facilities typically difficult to site such as: airports, state education facilities, state or regional transportation facilities, correctional facilities, solid waste handling facilities, substance abuse facilities, etc.

Family.

“Family” means one or more persons, either related or unrelated, living together in a dwelling unit.

Farm Worker Housing.

“Farm worker housing” means an area and structures or tents, temporary or permanent, used for housing temporary or seasonal farm labor on site. It is not primarily intended to include family groups, but does not exclude them. It is not intended to be an area in which farm laborers would acquire title to the property.

Farmers’ Market.

“Farmers’ market” means a site used for 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, arts, crafts, plants, flowers and other nonfood items. This definition does not include the sale of animals or used products similar to a flea market.

Fence.

“Fence” means a masonry wall, or a barrier composed of posts connected by boards, rails, panels or wire, for the purpose of enclosing space or separate parcels of land, but not including retaining walls, or boundaries formed by a dense row of shrubs, plants, or low trees. When appropriate and where applicable, fences are encouraged to be designed to be wildlife friendly. See “Wildlife-friendly fence.”

Floor Area.

“Floor area” means the total area of all floors of a building as measured to the outside surfaces of exterior walls, including halls, stairways, elevator shafts and basements. Minimum floor area calculations shall not include attached or detached garages, porches, decks or balconies.

Government Facilities.

“Government facilities” means buildings, structures and uses, owned, operated and managed by public agencies for municipal purposes not otherwise specifically identified by this code.

Grade.

“Grade” means the average of the finished ground level at the center of all exterior walls of a building. In case walls are parallel to and within five feet of a sidewalk, the sidewalk shall be considered the finished ground level.

Greenhouse, Commercial.

“Commercial greenhouse” means an establishment where flowers, shrubbery, vegetables, trees and other horticultural and floricultural products are grown both in the open and in an enclosed building, for sale on a retail or wholesale basis.

Group Care Facility.

“Group care facility” means a licensed facility that is maintained and operated for a group of children on a twenty-four-hour basis to provide a safe and healthy living environment that meets the developmental needs of the children in care, per RCW 74.15.020(1)(f).

Gun Range.

“Gun range” means a meeting place public or private, established for the purposes of discharging legal firearms.

Habitable Floor.

“Habitable floor” means any floor usable for living purposes, including working, sleeping, eating, cooking or recreating uses, or any combination of these uses. A floor used only for storage purposes is not a “habitable floor.”

Hazardous Substances.

“Hazardous substances” means any gas, liquid, solid, sludge, including any material, substance, product or commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous wastes.

Hazardous Waste.

“Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70A.300.010(11), or its successor, except for moderate risk waste as set forth in RCW 70.105.010(13), or its successor.

Hazardous Waste Storage.

“Hazardous waste storage” means the holding of hazardous waste for a temporary period, as regulated by the state dangerous waste regulations, Chapter 173-303 WAC or its successor.

Hazardous Waste Treatment.

“Hazardous waste treatment” means the physical, chemical, or biological processing of hazardous waste for the purpose of rendering these wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume, as regulated by the state dangerous waste regulations, Chapter 173-303 WAC or its successor.

Hazardous Waste Treatment and Storage Facility, Off-Site.

“Off-site hazardous waste treatment and storage facility” means a treatment and storage facility which treats and stores hazardous waste generated on a property other than that on which the facility is located.

Hazardous Waste Treatment and Storage Facility, On-Site.

“On-site hazardous waste treatment and storage facility” means a treatment and storage facility which treats and stores hazardous waste generated on the same property.

Hog Raising.

“Hog raising,” for the purpose of this title, consists of two or less sows and/or their young.

Hog Ranch.

“Hog ranch,” for the purpose of this title, consists of more than two sows and/or their young, whether the hogs are all or only part of the farming operation. Sale of hogs is not essential for the operation to be classified as a hog ranch.

Home Business.

“Home business” means a business in conjunction with a residential use which results in financial remuneration from a product or service and is conducted by at least one resident occupying the dwelling on the subject property.

Hospital.

“Hospital” means an institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and injured persons and licensed by the state of Washington to provide facilities and services in surgery, obstetrics, and general medical practice.

Hotel/Motel.

“Hotel/motel” means a building in which six or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite, but shall not include jails, medical facilities, prisons, detention homes, and similar buildings where human beings are housed and detained under restraint.

Hunt Club/Lodge.

“Hunt club/lodge” means an established dwelling or dwellings, and RV spaces used for the purposes of the club.

Impervious Surface.

“Impervious surface” means any material or structure that prevents the natural absorption of water into the earth.

Junk.

“Junk” means old or scrap copper, brass, rope, rags, batteries, paper, boxes, cardboard, glass, tires, mattresses, hay, grass, straw, weeds, litter or trash, rubber debris, waste, old appliances and furniture, any combustible or flammable waste or rubbish, building materials or junked, dismantled, or wrecked automobiles and manufactured/mobile homes or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material as defined in RCW 47.21.020.

Kennel, Commercial.

“Commercial kennel” means any of the following:

1.    Any premises used to conduct a commercial business involving the buying, selling, breeding for sale, letting for hire, boarding or training of dogs;

2.    Any premises at which five or more adult dogs are kept for any purpose, including animal shelters, but excluding animal hospitals or clinics where animals are kept only for treatment by licensed veterinarians;

3.    Any premises where offspring puppies or adult dogs are sold to commercial outlets or are sold for research or experimental purposes;

4.    Any premises where offspring from three or more litters per twelve-month period are sold or traded, exchanged or bartered for a valuable consideration or joint ownership purpose; or

5.    Any premises used as the location for the training of dogs for obedience, hunting, protection, etc. (if the address is different from the office address), or the premises are used as a combination office/training location, except if the training site is property belonging to a recognized school district, municipal body or not-for-profit organization.

Kennel, Hobby.

“Hobby kennel” means a place where from three to five dogs, cats, or small animals, excluding livestock and poultry over four months of age, are kept for breeding, sale, hunting, training, exhibition, field work, working and/or obedience trials, or for enjoyment of the species.

Library.

“Library” means any establishment for the sole purpose of loaning and circulating books or providing a reading room and reference service to the public, whether conducted by a public or private agency, or whether the service is with or without direct cost to the user.

Livestock.

“Livestock” means animals kept for use, propagation, or sale. Dogs, fish, house cats, and house pets, other than those with cloven hooves, are not considered livestock for the purpose of this title.

Lot.

“Lot” means a platted or unplatted parcel of land unoccupied, occupied or intended to be occupied by a principal use or building and accessory buildings, together with all yards, open spaces and setbacks required by this code. It is the basic development unit; an area with fixed boundaries shown on a final plat or short plat officially recorded in the Adams County auditor’s office.

Lot Area.

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

Lot, Corner.

“Corner lot” means a lot that abuts two or more intersecting streets.

Lot Coverage.

“Lot coverage” means the amount of land covered, occupied or permitted to be covered/occupied by a building or buildings, usually expressed in square feet or percentage of land on the lot, and measured horizontally at the foundation.

Lot Depth.

“Lot depth” means the horizontal distance between the front lot line and the rear lot line measured within the lot boundaries.

Lot, Interior.

“Interior lot” means a lot that has frontage on one street only.

Lot Line, Front.

“Front lot line” means that boundary of a lot that is located along an existing or dedicated public street.

Lot Line, Rear.

“Rear lot line” means a property line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or other shaped lot, a line ten feet in length that is either parallel to the front lot line or intersects the two other lot lines at points most distant from the front lot line.

Lot Line, Side.

“Side lot line” means any property line not a front or rear lot line.

Lot, Through.

“Through lot” means a lot that fronts on two parallel or nearly parallel streets.

Lot Width.

“Lot width” means the distance between the side lot lines measured at right angles to the line establishing the lot depth, at a point midway between the front lot line and the rear lot line. Any area used as an access easement shall be excluded from the computation of the lot width.

Manufactured Home.

“Manufactured home” means a single-family dwelling built according to the United States Department of Housing and Urban Development Manufactured Home Construction And Safety Standards Act, which is a national preemptive building code.

A manufactured home also:

1.    Includes plumbing, heating, air conditioning, and electrical systems;

2.    Is built on a permanent chassis; and

3.    Can be transported in one or more sections with each section at least eight feet wide and forty feet long when transported, or when installed on the site is three hundred twenty square feet or greater.

Manufactured/Mobile Home Park.

“Manufactured/mobile home park” means an area of land occupied or designed to be occupied by two or more manufactured/mobile homes, used for dwelling or sleeping purposes, on a lease basis and operated as a single development.

Microbrewery/Winery.

“Microbrewery/winery” means a plant where beer and/or wine are annually produced on a scale of two hundred fifty thousand gallons or less.

Mini Storage.

“Mini storage” means a building(s) or site used for temporary indoor or outdoor storage on a commercial basis (excluding the storage of hazardous materials and waste).

Mixed Use.

“Mixed use” means a development involving a combination of uses such as residential and commercial.

Mobile Home.

“Mobile home” means a structure transportable in one or more sections that are eight feet or more in width and thirty-two feet or more in length, built on a permanent chassis, designed to be used as a permanent dwelling and constructed before June 15, 1976.

Noncommercial Wind Energy Facilities.

“Noncommercial wind energy facilities” means wind turbine generators that are not providing power to the public and are less than one hundred twenty feet in height, measured from the ground to the highest extent of turbine blades, and wind turbine generators that are capable of generating no more than twenty-five kilowatts of power, with a total electrical generation capacity for a facility not to exceed one hundred kilowatts, and all related and supporting facilities associated with the wind turbine generators.

Nonconforming Building or Structure.

“Nonconforming building or structure” means a building, structure, or portion thereof legally in existence, either constructed or altered prior to the effective date of the ordinance codified in this title, which does not conform with the requirements of this code.

Nonconforming Lot.

“Nonconforming lot” means a parcel of land in separate ownership of record prior to the effective date of the ordinance codified in this title, which does not conform to the dimensional or area requirements of this code.

Nonconforming Use.

“Nonconforming use” means an activity in a structure or on a tract of land legally in existence prior to the effective date of the ordinance codified in this title, which does not conform to the regulations of the use district in which it is located.

Nonmetallic Mineral Product Manufacturing.

“Nonmetallic mineral product manufacturing” is defined as the transformation of mined, quarried or recycled nonmetallic minerals, such as sand, gravel, stone, clay, gypsum and refractory materials, into products for intermediate or final use. Processes include grinding, mixing, cutting, shaping, and honing.

Nursing Home or Convalescent Home.

“Nursing home” or “convalescent home” means an establishment licensed by the state of Washington that provides full-time care for three or more chronically ill, aged or infirm persons. Such care shall not include surgical, obstetrical or acute illness services, which are customarily provided in hospitals.

Parking Lot (Commercial).

“Parking lot” means a land area or building used for the storage of multiple vehicles, excluding parking areas for single-family residences.

Pit Rehabilitation.

“Pit rehabilitation” applies to all kinds of sand, gravel and rock excavation to obtain fill or construction materials. It is intended to apply to all pits from which no further removal of materials is intended. Generally, the intent is to provide gentle non-erodible slopes that will be covered with a layer of soil and revegetated where practical. Rehabilitation is intended to minimize the hazardous and unsightly nature of abandoned pits and, if practical, to return the area to some productive use.

Planned Residential Development.

“Planned residential development” means a more flexible method of residential land development involving the careful application of design components to achieve the creation of innovative developments, and a more efficient utilization of public facilities in exchange for public benefits to achieve comprehensive plan goals, described and conditioned by a binding site plan.

Professional Office.

“Professional office” means an office occupied by accountants, attorneys, architects, professional engineers and surveyors, and persons engaged in other similar occupations.

Public Facility.

“Public facility” means land or structures owned by or operated for the public use and necessity.

Recreational Facilities.

“Recreational facilities” means a structure or use designed to provide indoor or outdoor recreation opportunities for the public.

Recreational Vehicle.

“Recreational vehicle” means a vehicular-type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. The units include travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, and motor homes.

Recreational Vehicle Parks.

“Recreational vehicle parks” means an area established for overnight parking on a temporary basis of recreational vehicles. Any or all of the following amenities could be provided: electricity, water, and waste disposal connections, public restrooms and baths, snack bar, commercial facilities for convenience items, and picnic area.

Recycling Center.

“Recycling center” means a facility where discarded recyclable products such as aluminum and tin cans, glass, paper and other similar individual consumer products are deposited and stored for future reprocessing (excluding drop stations).

Residential Care Facility.

“Residential care facility” means an establishment operated with twenty-four-hour supervision for the purpose of serving eleven or more persons of any age who, by reason of their circumstances or conditions, require care; for example, work release programs, alcoholic treatment programs, drug rehabilitation centers, mental health programs, etc. This definition does not include assisted living facilities, prisons or conventional correctional institutions involving twenty-four-hour locked incarceration with little or no freedom of movement. “Care” is defined as room and board and the provision of a planned treatment program; “planned treatment” means a previously determined program of counseling, therapy or other rehabilitative social service.

Roadside Farm Stand.

“Roadside farm stand” means a building, structure or land area used for the seasonal sale of fresh fruit, vegetables, and other agriculturally produced products that are produced on the property.

Short-Term Rental.

“Short-term rental” means a commercial use utilizing a single-family or two-family dwelling unit, or portion thereof, that is offered or provided to a guest by a short-term rental owner or operator for a fee for fewer than thirty consecutive nights or days. It is rented as a single lodging unit, does not provide food service, and retains the form and function of a dwelling unit. Other land uses such as bed and breakfast, motels and multiple-family dwellings that are explicitly defined and regulated in this code separately from short-term rentals are not considered to be short-term rentals.

Sign.

“Sign” means any device, structure, or fixture for communicating by text, symbols, graphics, or images, or any combination thereof, which is intended to:

1.    Convey any message or idea;

2.    Identify, or attract attention to, a building, use, business, or event; or

3.    Promote the sale of products, goods or services.

A painted wall design or pattern that serves only as artistic decoration or ornamentation and that does not communicate a message or signify or represent a product, service, or registered trademark is not a sign for purposes of this chapter. Likewise, text, symbols, or images carved into an exterior structural component of a building (such as a cornerstone or pediment) do not constitute a sign for purposes of this chapter.

Sign, Abandoned.

“Abandoned sign” means any sign located on property that is vacant and unoccupied for a period of six months or more, or any sign that pertains to any occupant, business or event unrelated to the present occupant or use that is not an allowed off-premises sign. Abandoned sign also includes signs that are broken, defaced, faded, rusted, peeled or otherwise deteriorated and are not repaired within thirty days after the county provides notice of the condition.

Sign, Billboard.

“Billboard sign” means a large outdoor advertising sign containing a message, commercial or otherwise, usually unrelated to the use or activity on the property on which the sign is located and/or to any use or activity in the immediate area (such as is the case with an off-premises sign) and which is customarily leased for commercial purposes.

Sign, Directional.

“Directional sign” means a sign erected for the purpose of facilitating or controlling the efficient and safe movement of pedestrians or vehicles within a multi-tenant development.

Sign, Freestanding.

“Freestanding sign” means a sign principally supported by one or more columns, poles, or braces placed in or upon the ground. Freestanding sign types include pole signs, monument signs, pylon signs, post and arm signs, and internal wayfinding signs.

Sign, Highway.

“Highway sign” means an on-premises sign for certain businesses near Interstate Highway 90 (I-90) and U.S. Route 395 (US-395) in accordance with Section 17.66.090(C).

Sign, Off-Premises.

“Off-premises sign” means a permanent sign erected, maintained, or used in the outdoor environment to display commercial messages or advertising not directly relating to the products or services sold on, the use of, or the sale or lease of, the property on which it is displayed.

Sign, On-Premises.

“On-premises sign” means a sign erected, maintained, or used in the outdoor environment to display commercial messages or advertising directly relating to the products or services sold on, the use of, or the sale or lease of, the property on which it is displayed.

Sign, Permanent.

“Permanent sign” means a sign constructed of weather resistant material and intended for permanent use and that does not otherwise meet the definition of “temporary sign” or fall under any other provision of the sign code.

Sign, Temporary.

“Temporary sign” means a portable sign constructed of cloth, canvas, vinyl, paper, plywood, fabric, plastic, or other lightweight material that is not intended or suitable for long-term or permanent display due to its construction, materials, or method of installation or erection. Any sign not covered by this definition is a permanent sign.

Sign, Wall.

“Wall sign” means any on-premises sign attached to or painted directly on or erected against and parallel to the wall of a building. This definition includes canopy signs.

Temporary Building or Structure.

“Temporary building or structure” means a building or structure not having or requiring permanent attachment to the ground, or to other structures that have no required permanent attachment to the ground, which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

Temporary Use.

“Temporary use” means a use located and allowed in the designated zone on a lot, for a period not to exceed six months, with the intent to discontinue such use after the time period expires.

Tiny Home.

“Tiny home” means a single-family dwelling unit that is four hundred square feet or less in floor area (excluding sleeping lofts). There are two types of tiny homes as described below. Any other form is not considered a tiny home in this title.

1.    Site-Built Tiny Home. A tiny home built on site on a permanent foundation that meets the minimum requirements of the International Residential Code (IRC), including provisions of Appendix Q, and is reviewed and inspected by the county building department.

2.    Manufactured Tiny Home. A factory-built tiny home bearing a certification tag from the Washington State Department of Labor and Industries (L&I) or other approved third-party inspection agency stating it is approved for use as a single-family residence per the current edition of the International Residential Code (IRC) or Housing and Urban Development (HUD) requirements.

Townhouse; Townhouse Unit.

1.    “Townhouse” means a building that contains two or more attached townhouse units in which each unit extends from foundation to roof. Each single-family dwelling unit shall have a yard or public way on not less than two sides that extends at least fifty percent of the length of each of these two sides.

2.    “Townhouse unit” means a single-family dwelling on a parcel which shares a common wall on a side lot line with a similar adjoining dwelling(s) on a separate, adjacent parcel.

Trailer.

“Trailer” means a nonmotorized vehicle designed to be towed by a motor vehicle.

Truck (Commercial).

“Commercial truck,” for the purposes of requiring a Department of Transportation number, means the same as defined in RCW 46.25.010(6), or a motor vehicle used in commerce when the motor vehicle:

1.    Has a gross vehicle weight rating of eleven thousand seven hundred ninety-four kilograms or more (twenty-six thousand one pounds or more) inclusive of a towed unit or units of a gross vehicle weight rating of more than four thousand five hundred thirty-six kilograms (ten thousand pounds);

2.    Has a gross vehicle weight rating of eleven thousand seven hundred ninety-four kilograms or more (twenty-six thousand one pounds or more); or

3.    Is used in the transportation of hazardous materials, as defined in RCW 46.25.010(13);

Use.

“Use” means the purpose for which land or building is arranged, designed or intended, or which is or may be occupied or maintained.

Uses, Prohibited.

“Prohibited uses” in specific zones are those uses not specifically enumerated as permitted uses. “Prohibited uses” are listed in this title for purposes of clarity and emphasis only. “Prohibited uses” mentioned include, but are not limited to, the enumerated prohibited uses.

Wildlife-Friendly Fence.

“Wildlife-friendly fence” means a fence specifically designed to allow the safe movement of wildlife across the landscape while maintaining its intended function, such as livestock containment. Wildlife-friendly fences typically include:

1.    A smooth bottom wire at least fourteen inches above the ground;

2.    A maximum overall height of forty-two inches;

3.    At least twelve inches of spacing between the top two wires;

4.    Nonwoven wire designs to accommodate species such as fawns and turkeys;

5.    Caps on open-top fence posts to prevent bird entrapment; and

6.    Visibility markers to reduce wildlife collisions.

Wireless Communication Facility (WCF).

“Wireless communication facility (WCF)” means any unstaffed facility for the transmission and/or reception of wireless communication services, including support structures, transmission cables, equipment facilities, and antenna arrays. A “wireless communication service” means any personal wireless service as defined in the Federal Telecommunications Act of 1996 which includes FCC-licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, radio, television and similar services that currently exist or that may in the future be developed.

Yard, Front.

“Front yard” means a yard that extends across the full width of a lot lying between the front lot line and the nearest point of a building measured horizontally and perpendicular from the front lot line.

Yard, Side.

“Side yard” means a yard that extends from the front yard to the rear yard between the side lot line and the nearest point of a building measured horizontally and perpendicular from the side lot line.

Yard, Rear.

“Rear yard” means a yard that extends across the full width of a lot lying between the rear lot line and the nearest point of a building measured horizontally and perpendicular from the rear lot line. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-05 § 2 (part))

A.    “Adult entertainment” as defined in RCW 49.17.470 also includes:

1.    Any exhibition, performance or dance conducted in an adult entertainment facility where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas;

2.    Any exhibition, performance, or dance intended to sexually stimulate any patron and any conduct in an adult entertainment facility where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances, or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing; or

3.    Any exhibition, performance, display, presentation, or dance of any type conducted in an adult entertainment facility and involving a person who is unclothed or in such attire, costume, or clothing as to expose to view any specified anatomical area, or who touches, caresses or fondles any specified anatomical area of themselves or another person, or permits touching, caressing or fondling of any of their own specified anatomical areas.

B.    “Adult entertainment facility” means any of the following:

1.    “Adult retail establishments” means commercial establishments such as a bookstore, video store, or novelty shop in which any one or more of the following constitute more than twenty percent of the establishment’s stock-in-trade for sale, rent, or any other form of consideration:

a.    Books, magazines, periodicals or other printed materials, or photographs, films, motion pictures, video cassettes, slides or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or

b.    Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.

2.    “Adult arcade” means a commercial establishment which contains individual viewing areas or booths, where for any form of consideration, including but not limited to, membership fee, one or more still or motion picture projectors, slide projectors, or other similar image producing machines are used to show films, motion pictures, computer images or pictures, video cassettes, slides, or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

3.    “Adult cabaret” means a nightclub, bar, restaurant, tavern, or similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment.

4.    “Other adult entertainment facility” means any commercial establishment not defined elsewhere in Adams County ordinances where adult entertainment or sexually oriented materials are regularly conducted, displayed, or available in any form, for any type of consideration and which represents more than twenty percent of the business’s stock-in-trade; provided, however, that a public library, school, university, or similar accredited educational or scientific facility shall not be considered an adult entertainment facility. In addition, a commercial establishment which offers access to telecommunication networks as a principal business purpose shall not be considered an adult entertainment facility unless the access it provides is for the primary purpose of displaying or presenting visual images that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

5.    “Adult motion picture theater” means a commercial establishment where for any form of consideration motion pictures, films, video cassettes, slides, or other similar visual or sensory representations are shown that are distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas.

6.    “Adult nude photography shop” means commercial establishment used for the business of allowing customers to photograph any specified anatomical areas of a person or persons, or for the customer to be so photographed with or without other persons.

C.    Adult Entertainment Definitions.

1.    “Specified sexual activities” means and includes any of the following:

a.    The caressing, fondling, or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or

b.    Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; or

c.    Masturbation, actual or simulated; or

d.    Excretory functions as part of, or in connection with, any of the sexual activities specified in this definition.

2.    “Specified anatomical areas” means and includes any of the following:

a.    The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

b.    Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola.

3.    “Specified criminal activity” means an offense for prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution, or display of harmful material to a minor; promotion of sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar offenses to those described in this subsection under the criminal code of other states or countries for which:

a.    Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

b.    Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense;

c.    Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period;

d.    The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.

D.    “Sensitive land uses” means those land uses which are particularly sensitive to the secondary effects of adult use businesses. Sensitive land uses include the following:

1.    Churches, or other religious facilities or institutions;

2.    Multiple-family and single-family residential zones;

3.    Three or more residential dwelling units within one thousand feet of the proposed adult use business;

4.    Playgrounds and public parks;

5.    Public and private schools, technical schools and training facilities which have twenty-five percent or more of their students under the age of eighteen;

6.    Manufactured home parks;

7.    Nursery school facilities as defined in Section 17.04.030; and

8.    Nursing home residential care facilities. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-05 § 2 (part))

The following definitions shall apply to regulation and consideration of airport overlay zones, as regulated by this title:

A.    “Airport” means the Othello Municipal Airport.

B.    “Airport elevation” means the highest point of an airport’s usable landing area measured in feet from sea level. The Othello Municipal Airport is one thousand one hundred forty-five feet above mean sea level.

C.    “Approach surface” means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section 17.04.040. The perimeter of the approach surface coincides with the perimeter of the approach zone.

D.    Utility Runway Visual Approach, Transitional, Horizontal, and Conical Zones. These zones are defined in Section 17.40.030.

E.    “Conical surface” means a surface extending outward and upward from the periphery of the horizontal surface at a slope of ten to one for a horizontal distance of four thousand feet.

F.    “Hazard to air navigation” means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

G.    Height. In determining the height limits in all zones and as shown on the approach and clear zone map, this datum shall be mean sea level elevation unless otherwise specified.

H.    “Horizontal surface” means a horizontal plane one hundred fifty feet above the established airport elevation, the perimeter of which plane coincides with the perimeter of the horizontal zone. This is one thousand two hundred ninety-five feet above mean sea level for the Othello Municipal Airport.

I.    “Obstruction” means any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section 17.04.040.

J.    “Person” means an individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity, including a trustee, receiver, assignee, or similar representative of any of them.

K.    “Primary surface” means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred feet beyond each end of the runway. The width of the primary surface is set forth in Section 17.04.030. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

L.    “Runway” means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

M.    “Structure” means an object (including a mobile object) constructed or installed by persons, including, but without limitation, buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.

N.    “Transitional surfaces” means those surfaces extending outward at ninety-degree angles to the runway slope of seven feet horizontally for each foot vertically, from the sides of the primary and approach surfaces to where they intersect with the horizontal surface.

O.    “Tree” means any object of natural growth.

P.    “Utility runway” means a runway that is constructed for and intended to be used by propeller-driven aircraft of twelve thousand five hundred pounds maximum gross weight or less.

Q.    “Visual runway” means a runway extended solely for the operation of aircraft using visual approach procedures. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-05 § 2 (part))

“Cannabis” pursuant to RCW 69.50.101 means all parts of the plant cannabis, whether growing or not, with a THC concentration greater than three-tenths percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include:

1.    The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination; or

2.    Industrial hemp as defined in RCW 15.120.010.

“Cannabis processor” means a person/facility licensed by the Washington State Liquor and Cannabis Board to transform cannabis into usable cannabis and cannabis-infused products, package and label usable cannabis and cannabis-infused products for sale in retail outlets, and sell usable cannabis and cannabis-infused products at wholesale to cannabis retailers. Processors are classified as follows:

1.    Processor I. A facility limited to drying, curing, trimming, and packaging; and

2.    Processor II. A facility that extracts concentrates, infuses products, or involves mechanical and/or chemical processing in addition to drying, curing, trimming, and packaging.

“Cannabis producer” means a person/facility licensed by the Washington State Liquor and Cannabis Board to produce and sell cannabis at wholesale to cannabis processors and other cannabis producers.

“Cannabis retailer” means a person/facility licensed by the Washington State Liquor and Cannabis Board for the sale to consumers of usable cannabis and cannabis-infused products.

“Medical cannabis cooperative” means a group of qualifying patients or designated providers who may form a cooperative and share responsibility for acquiring and supplying the resources needed to produce and process cannabis only for the medical use of members of the cooperative.

“Substance use disorder treatment facility” means a facility that is licensed or certified by the Washington Department of Health to provide substance use disorder treatment pursuant to the standards established by state law.

“Temporary growing structure” means a structure that has the sides and roof covered with polyethylene, polyvinyl, or similar flexible material and is used to provide plants with either frost protection or increased heat retention. For the purpose of this chapter, a temporary growing structure is considered an outdoor production facility and shall require an Adams County zoning and site plan approval. (Ord. O-02-25 § 1 (Exh. A); Ord. O-01-05 § 2 (part))