For the purpose of this title certain terms are defined. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural, and words in the plural number include the singular; the word "person" may be taken for persons, associations, firms, copartnerships or corporations; the word "structure" includes building; the word "occupied" includes premises designed or intended to be occupied; the word "used" includes designed or intended to be used; and the word "shall" is always mandatory and not merely directive.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Accessory dwelling unit (ADU). A habitable living unit added to, created within, or detached from the principal single-family dwelling that provides basic requirements for living, sleeping, eating, cooking and sanitation.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Accessory use. One which is subordinate to the principal use of a building on the lot serving a purpose customarily incidental to the principal use of a building.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Administrator. The person who is charged with the responsibility of administering this title.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Alley. A public right-of-way not over 30 feet wide which affords, generally, a secondary means of access to abutting lots, not intended for general use.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Apartment house. A building or portion thereof used or intended to be used as a home with three or more families or householders living independently of each other.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Basement. A portion of a building included between a floor with its level two feet or more below the level from which the height of the building is measured and the ceiling next above said floor.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Bed and breakfast. An establishment in a residential district that contains up to five guest bedrooms, is owner or manager occupied, provides a morning meal, and limits the length of stay to 15 consecutive days per month.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Billboard. An outdoor advertising sign, any structure or portion thereof, situated on private premises, upon which lettered or pictured material is displayed for advertising purposes, other than the name and occupation of the user, or the nature of the business conducted on such premises or the products primarily sold or manufactured thereon.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Building. Any structure, permanent, mobile, demountable or movable, built or used for the support, shelter, or enclosure of any person, animals, goods, equipment, or chattels and property of any kind.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Building line. A line established by this title to govern placement with respect to highways, streets and alleys. The front property line shall be the front line as shown upon official plats of the property in all subdivisions platted. In all other cases the front line shall be according to the Comprehensive Plan or the determination of the Administrator.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Bulk plant. An establishment where flammable liquids are received by tank vessel, pipeline, tank car, or tank vehicle, and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline, tank car, tank vehicle or container.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Clinic. A building or portion of a building containing offices and facilities for providing medical, dental or psychiatric services for out patients only.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Cogeneration facility. A facility used to produce electrical energy and to produce forms of thermal energy (such as heat or steam) for commercial or industrial purposes, but does not include such facilities or uses to which a cogeneration facility may be interconnected and that may receive energy from a cogeneration facility for commercial or industrial purposes.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Comprehensive Plan. The Bingen Comprehensive Plan as adopted by the City Council.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Condominium unit. One of a group of housing units where each homeowner owns their individual unit space, and all dwellings typically share ownership of areas of common use. Individual units normally do but are not required to share common walls. A condominium project limits the individual ownership to that of the units rather than dividing the ownership of a parcel of land by subdivision or short subdivision. All or most of the land in the project is owned in common by all the homeowners. The maintenance responsibility for common land and amenities is managed by an association established by the declaration or bylaws and supported by dues paid by owners of the individual units. Each owner pays taxes on their individual condominium unit and is free to sell at will. The exterior walls and roof of units are typically insured by the condominium association, while all interior walls and items are typically insured by the individual owner. Zoning regulations, standards, and criteria are applicable to condominium development. In addition to required compliance with RGW Chapter 64.34 RCW, Condominium Act, and all other state and federal regulations, a condominium project must comply with all land use and environmental review. Maximum dwelling unit densities, all standards applicable to specified housing and structure types, and all site and street standards are applied to proposed condominium projects through the site plan review process and approval of a binding site plan is required prior to development of any condominium project regardless of the need or lack of need to subdivide the land.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Council. The City Council.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Density provisions. Requirements for each land use district to encourage, protect and preserve the health, safety and general welfare or the area, through standards which include yards, height bulk, lot area, lot coverage and occupancy limitations.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Director of planning. The person designated by the Planning Commission who is charged with the responsibility of administering this title in terms of the Comprehensive Plan and in accordance with the decisions of the Planning Commission, the Board of Adjustment and the City Council; the "Administrator" defined in Section 17.08.016.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

District or zone. A section or district of the City within which the standards governing the use of buildings or premises are uniform.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Duplex. A residential building with two attached dwelling units under one common roof.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Dwelling group. A "dwelling group" shall consist of three or more detached dwelling structure located on the same lot.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Dwelling structure. An individual primary or accessory residential building that can house at least one household under one roof. An individual townhouse building also counts as one dwelling structure.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Dwelling unit. One or more rooms in a building designed for occupancy for living, cooking, sleeping and sanitary facilities. Hotel, motel, room and boarding units shall not be considered as dwelling units.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Exception. A use permitted only after review of an application therefore by the Board of Adjustment, rather than administrative officials.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Family. A person living alone, or two or more persons customarily living together as a single household or housekeeping unit and using common cooking facilities, as distinguished from a group occupying a hotel, club, board or lodging house.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Floor area ratio. The ratio of usable floor area of a structure to the total area of the lot or land area occupied by such structure.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Fourplex. A residential building with four attached dwelling units under one common roof.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Height of building. The vertical distance at the center of a building's principal front, measured from the level of the first floor above grade to the highest point of the roof beams in the case of flat roofs, the deck line of mansard roofs, or the center height between eaves and ridges for gable, hip or gambrel roofs. For buildings set back from the street line, the height may be measured from average elevation of the finished grade along the front of the building.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Home occupation. A use customarily carried on within a dwelling by the inhabitants thereof which use is incidental to the residential use, and not primarily considered as a business.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Hosted homeshare. The short-term rental of a portion of a dwelling or an attached or detached separate accessory dwelling unit (ADU) on the property of the licensee's primary address, where the licensee is present during rental periods.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Hotel. A commercial property on one or more adjacent parcels designed and intended to provide overnight lodging to transient guests for a fee. A hotel generally consists of a lobby, rented units that are entered from the inside of the building, has a minimum of seven rental units, on-site staff, and a transient lodging license as issued and administered by the Washington State Department of Health. A hotel is not a short-term rental.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Junkyard. A place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including house wrecking yards, used lumber yards, and yards for use of salvaged house wrecking and structural steel materials and equipment.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Lot. A parcel of land, under one ownership, used or capable of being used under the regulation of this title, including both the building site and all required yards and other open spaces.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Lot coverage. That portion of a lot that is occupied by the principal building and its accessory buildings, expressed as a percentage of the total lot area. It shall include all projections except eaves.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Lot depth. The horizontal distance between the front and rear lot lines.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Lot width. The distance between side lot lines measured at the front yard building line; in case of irregularly shaped lots, the lot shall be measured at a point midway between the front and rear lot lines.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Major thoroughfares. Primary and secondary arterials and state highways as shown on the Comprehensive Plan.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Manufacture. The converting of raw unfinished materials or products, or any or either of them into an article or articles or substance of a different character or for use for a different character or for use as a different purpose.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Manufactured home. A factory built residential building of one to four dwelling units constructed after June 15, 1976, in accordance with United State Department of Housing and Urban Development requirements for manufactured housing, and bearing the appropriate insignia indicating such compliance, which dwelling unit(s): (1) is comprised of at least two fully enclosed parallel sections each not less than 12 feet wide by 36 feet long; (2) was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch; and (3) has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single family residences.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Manufactured home accessory structure. Any attached or detached addition to a manufactured home, such as an awning, carport, porch, or storage structure, which is ordinary appurtenant.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Manufactured home skirting. That weather-resistant material used to enclose the entire span underneath a manufactured home, having removal panels allowing access and securely anchored, all as approved by the building official.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Manufactured home stand. An area of a manufactured home development improved as a pad to support a manufactured home, including its enclosed extensions and structural additions.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Mobile home. A single-family dwelling unit transportable in one or more sections that are eight feet or more in width and 32 feet or more in length, built on a permanent chassis, designed to be used as a permanent dwelling unit and constructed before June 14, 1976.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Mobile home park. Any property used for the accommodation of inhabited trailer or mobile home coaches.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Modular home. A single-family dwelling constructed in a factory in accordance with the Uniform Building Code and bearing the appropriate gold insignia indicating such compliance. The term includes "factory-built," "pre-fabricated," and "panelized" units.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Motel. A commercial property with a single or multiple buildings on one or more adjacent parcels designed and intended to provide overnight lodging to transient guests for a fee. A motel shall consist of on-call staff located on the same premises. Rented units are entered from the outside of the building; the facility has a minimum of five rental units and a transient lodging license as issued and administered by the Washington State Department of Health. A motel is not a short-term rental.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Multiple-family residence. A residential building with five or more attached dwelling units under one common roof.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Net area. The total usable area exclusive of space dedicated to such things as streets, easements, and uses out of character with the principal uses.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Nonconforming use. A principal use or an activity involving a building or land occupied or in existence at the effective date of this title or at the time of any amendments thereto which does not conform to the standards of the zoning district in which it is located.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Off-street parking space. A permanently surfaced area not situated within a public right-of-way for the parking of a motor vehicle.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Principal use. The main use of land or structures as distinguished from a subordinate or accessory use.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Principal uses permitted out right. Uses allowed as a matter of right within certain land use districts without public hearing, zoning permit, conditional exception, or variance; provided, that such use is in accordance with requirements of a particular district and general conditions stated elsewhere in this title.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Prohibited uses. Any which is not specifically enumerated or interpreted as allowable in that district.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Recreation vehicle. A vehicular-type portable structure without permanent foundation designed and manufactured for recreational use, which can be towed, hauled or driven. The term includes, but is not limited to, self-propelled motor home, travel trailer, truck camper, or camping trailer. "Permanent" for the purposes of this chapter is defined as occupancy for more than four weeks in one consecutive 12-month period.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Rental unit. A dwelling that is not owner-occupied and is rented or available to rent.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Service station. A retail establishment for the sale on the premises of motor vehicle fuel and other petroleum products and automobile accessories, and for the washing, lubrication, and minor repair of automotive vehicles.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Short-term rental. A lodging use that is not a hotel or motel or bed and breakfast in which a dwelling unit, or portion thereof, that is offered or provided to a guest(s) by the property owner or operator for a fee for fewer than 30 consecutive nights.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Story. That portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, then the space between such floor and the ceiling next above it. First story means any floor not over four and one-half feet above the established grade, or if set back, not over four and one-half feet above average ground level at the front line of the building.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Half-story. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than four feet above the top floor level. A half-story containing independent apartments or living quarters shall be counted as a full story.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Street. A public way which affords a primary means of access to property.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Tiny house and tiny house with wheels. A dwelling to be used as permanent housing with permanent provisions for living, sleeping, eating, cooking, and sanitation built in accordance with the state building code and constructed in accordance with WAC 51-51-60104 and does not have an interior habitable area greater than 400 square feet excluding sleeping lofts.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Total housing stock. The total number of dwelling units within Bingen city limits based upon currently available data provided by the Klickitat County Assessor's Office.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Townhouse. A single-family dwelling unit constructed as one of two or more attached units separated by property lines at common walls with open space on at least two sides.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Townhouse building. A grouping or collection of at least two attached townhouses.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Triplex. A residential building with three attached dwelling units under one common roof.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Use. An activity or purpose for which land or premises or a building is designed, arranged or intended, or for which it is occupied or maintained, let or leased.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Vacation home rental. The short-term rental of an entire primary dwelling unit in allowed residential zones. This does not include accessory dwelling units (ADUs) which are permitted under the "hosted homeshare" definition.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Variance. A modification of the regulations of this title when authorized by the Board of Adjustment after finding that the literal application of the provisions of this title would cause undue and unnecessary hardship in view of certain facts and conditions applying to a specific parcel of property.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Vicinity. The area surrounding a use in which such use produces a discernable influence by aesthetic appearances, traffic, noise, glare, smoke, or similar influences.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Yard. Land unoccupied or unobstructed, from the ground upward, except for such encroachments as may be permitted by this title surrounding a building site.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Front yard. An open space, other than the court, on the same lot with the building, between the front line of the building (exclusive of steps) and the front property line.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Rear yard. An open space on the same line with the building between the rear line of the building (exclusive of steps, porches and accessory buildings) and the rear line of the lot.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Side yard. An open space on the space on the same lot with the building between the side wall line of the building between the side wall line of the building on the side line of the lot.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Zone transition lot. A parcel of land abutting a district boundary where the district boundary is not a street upon which more restrictive or less restrictive standards are affixed. The width of such parcel shall be the width of the lot, if platted, but not exceed 100 feet in any instance.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Zoning. Regulation of the use of lands or the manner of construction related thereto in the interest of achieving a Comprehensive Plan of development.

(Ord. No. 2025-04-771, § 2, 3-18-2025)

Zoning lot. A tract of land occupied or to be occupied by a principal building and its accessory facilities, together with such open spaces and yards as are required under the provisions of this title, having not less than minimum area required by this title for a zoning purpose in the district in which such land is situated, and having its principal frontage on a public street of standard width. A zoning lot need not necessarily coincide with the record lot which refers to land designated as a separate and distinct parcel on a legally recorded subdivision plat or in a legally recorded deed filed in the records of the County.

(Ord. No. 2025-04-771, § 2, 3-18-2025)