The provisions of this ordinance and amendments to it shall be known and may be cited as "The Chewelah Zoning Ordinance, CMC 18."

(Ord. No. 900, § 7, 8-3-2016)

1. CMC 18 is adopted for the purpose of promoting the health, safety, convenience, comfort, prosperity and general welfare of the city's population. In addition, the purpose of the ordinance is to promote an orderly, compatible use of land and to implement the city's growth in compliance with the provisions and objectives of the comprehensive plan. The ordinance also intends to protect the Constitutional Rights of residents and landowners in the City, consistent with the provisions of Article XI, Section 11 of the Washington State Constitution, RCW 36.70A.370 and WAC 365-196-855, as now in effect or hereafter amended.
2. The specific zones and regulations are designed to facilitate adequate provision of utilities, schools, parks, and housing with essential light, air, privacy, and open space; to lessen congestion on streets and facilitate the safe movement of traffic; to stabilize and enhance property values; to prevent the development of slums and overcrowding of land; and to safeguard the community's economic structure. In so doing, the intent is to ensure the safety and security of home life, and to create and preserve a more healthful, serviceable and attractive municipality and environment in which to live.
3. To most effectively accomplish these purposes, this title divides the city into zones and establishes development standards in accordance with the comprehensive plan. These zones and regulations are deemed necessary and are made with consideration to the character of each zone and its particular suitability for specific uses, the need for such uses, the common rights and interests of all within the zone as well as those of the general public, and with the view of conserving and encouraging the most appropriate use of land throughout the city.

(Ord. No. 900, § 7, 8-3-2016)

1. All structures erected within the limits of Chewelah, after securing all required permits and licenses, shall be erected in compliance with the provisions of this title. No building, structure, or land shall be used and no building or structure shall be erected, altered, enlarged, or relocated which is designed, intended to be used, or used for any use other than that set out or allowed in this title.
2. In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and general welfare. Whenever the requirements of this title differ from the requirements of any of the lawfully-adopted rules, regulations, ordinances, or deed restrictions, the most restrictive or that imposing the higher standards to be met prior to a land use being permitted shall govern.
3. Any building, structure or use lawfully existing at the time of passage of the ordinance codified in this title, although not in compliance, may be continued as provided for in this title.
4. Except where specifically defined herein, all words used in this title shall carry their customary meanings. Words used in the present tense include future, and the singular includes the plural; the word "shall" is always mandatory, the word "may" is permissive and denotes the use of discretion in making a decision, subject to the judgment of the administrator of said ordinance.
5. Where the official city street and highway map shows a future width greater than the dedicated width, setbacks shall be measured from the proposed future street width line.
6. Property owned or controlled by Religious Organizations
   
   1. An increased density bonus of fifty percent (50%) is allowed for any affordable housing development of any single-family or multi-family residence located on real property owned or controlled by a religious organization.
      
   2. Short-term shelter accommodations on property owned or controlled by a religious organization, pursuant to and subject to RCW 35.21.915, are allowed, following city administration approval of a health and safety inspection and adherence to any city-imposed conditions thereto.
      

(Ord. No. 900, § 7, 8-3-2016)

The following definitions are provided to aid in the understanding and interpretation of the provisions of this title. Terms that are not specifically defined below are to be understood according to the common meaning in use in the city, as interpreted by the administrator of the ordinance codified in this title. “Accessory Dwelling Unit (ADU)” means a dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit. "Accessory use or structure" means a use or structure or part of a building or structure or use that is incidental and subordinate to a principal use or structure and located on the same lot. "Administrator" means the city administrator or their designee. In the event there is no city administrator then "administrator" means the Mayor or their designee. The Administrator shall adopt and revise, as required, such forms and instructions as are necessary or appropriate to serve the public and carry out provisions of this title. "Adult family home" means a dwelling in which person or persons provide personal care, special care, room and board to more than one (1) but not more than six (6) adults who are not related by blood or marriage to the person or persons providing the care. An adult family home may provide services to up to eight (8) adults upon approval under RCW 70.128.066. Those homes or facilities serving more than (8) persons or serving persons under the jurisdiction of the criminal justice system shall be considered a “Residential Care Facility” pursuant to CMC 18.12.160, Community-based Behavioral Health Facilities. "Alley" means a public right-of-way which affords a secondary means of access to abutting properties and access to any public utilities that may be located within the right-of-way. Allowed activity" is a use that due to other regulations or previous reviews is unlikely to result in a critical areas impact. These activities are subject to review by the Administrator, but do not require a separate critical areas review or report. Since these activities are not "exempt," the critical areas standards continue to apply, and the underlying permit could be conditioned to ensure that the activities comply with critical areas protection. "Alteration(s)" means any change or rearrangement of the structural parts of existing facilities, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another. In nonresidential buildings the installation or rearrangement of partitions affecting more than one-third of a single floor area shall be considered an alteration. "Amusement enterprises" means establishments engaged in providing entertainment for a fee and including but not limited to billiard tables, penny arcades, miniature golf courses, bowling facilities, skating areas, dancing areas, archery ranges, ice rinks and boxing arenas. "Anadromous fish" means fish species that originate in freshwater, mature in the ocean, and then return to freshwater to spawn and die. "Animal Farm, Small." "Small animal farm" means any lot or premises on which four or more fowls, chinchillas, rabbits, and/or other small animals are kept primarily for breeding and/or commercial purposes but excluding kennels. "Apartment House." See "Dwelling Unit” and “Multiple-Family." "Applicant" means a person who files an application for permit under this title and who is either the owner of the land on which that proposed activity would be located, a lessee of the land, the person who would actually control and direct the proposed activity or the authorized agent of such a person. "Assisted living facility" means any home or other institution, however named, which is advertised, announced, or maintained for the express or implied purpose of providing housing, basic services, and assuming general responsibility for the safety and well-being of the residents, and may also provide domiciliary care. "Assisted living facility" shall not include facilities certified as group training homes pursuant to RCW 71A.22.040, nor any home, institution, or section thereof which is otherwise licensed and regulated under the provisions of state law providing specifically for the licensing and regulation of such home, institution or section thereof. Nor shall it include any independent senior housing, independent living units in continuing care retirement communities, or other similar living situations including those subsidized by the department of housing and urban development. “Attached Accessory Dwelling Unit” means a dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit. "Auto wrecking yard, junkyard" means a lot, land, open space, or structure, or part thereof, which is used for baling, buying, collecting, disassembling, exchanging, handling, packaging, salvaging, selling, or storing of waste, used, or secondhand materials such as wastepaper, scrap iron, rags, rubber tires, bottles, or discarded material, including but not limited to parts of machinery or vehicles not in running condition. A "junkyard" includes an auto wrecking yard but does not include uses established entirely within an enclosed building. "Basement" means any floor level below the first story of a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth. "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meet or exceed any standards, codes, and regulations set forth. "Beehive" means a shelter for a colony of bees. "Breezeway" means a roofed, open sided or screened passageway connecting two structures. "Buffer zone" means an area required by this title that provides a natural vegetated zone surrounding a natural, restored or newly created critical area which serves as a buffer between the critical area and its associated upland areas and as an integral part of the habitat ecosystem. "Building" means any structure for the shelter or enclosure of persons, animals, or property of any kind. "Building area" means the total ground coverage of a building or structure which provides shelter measured from the outside of its external walls or supporting members. "Building height" means the vertical distance from the average finished grade of a building site to the highest point of the structure or building, excluding chimneys and steeples (see Figure 1 in CMC Appendix A). "Building official" means the individual designated by the appointing authority to enforce the provisions of the building code. "Carport" means a roofed structure providing space for the parking of motor vehicles and enclosed on not more than two sides. "Carwash" means a building or portion of a building or a place in which cars are washed, waxed, and/or vacuumed by automatic or manual mechanical devices. "Charging levels" means the standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged. Levels 1, 2, and 3 are the most common EV charging levels, and include the following specifications: 1. Level 1 is considered slow charging. 2. Level 2 is considered medium charging. 3. Level 3 is considered fast, or rapid, charging. "Child day care - center" means a facility providing for the care of thirteen (13) or more children. A child day care center shall not be located in a private residence unless a 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. "Child day care - home" means a person regularly providing care during part of the twenty-four-hour day to six (6) or fewer children in the family abode of the person or persons under whose direct care the children are placed. "Child day care - mini" means a person or agency providing care during part of the twenty-four-hour day to twelve (12) or fewer children in a facility other than the family abode of the person or persons under whose direct care the children are placed, or for the care of seven (7) through twelve (12) children in the family abode of such person or persons. "City" means the city of Chewelah, Washington. "Clear view triangle" means a triangular area on the corner of all lots surrounding the intersection of two streets where for safety reasons, landscaping, fences, or structures must be designed and maintained to permit clear vision of approaching traffic (see Figure 2 in CMC 18 Appendix A). "Clinic" means a building or portion of a building containing offices designed and used for providing dental, medical, psychiatric, or surgical diagnosis and/or treatment services for outpatients only under the care of doctors and nurses. "Co-living housing" means a residential development with sleeping units that are independently rented and lockable. These units provide living and sleeping space, and residents share kitchen facilities with other sleeping units in the building. Co-living housing is commonly referred to as congregate living facilities, single-room occupancy, rooming houses, boarding houses, lodging houses, and residential suites. “Community-Based Behavioral Health Facilities” – See CMC 18.12.160. "Comprehensive Plan" means any plans, maps, or reports, or combination thereof adopted by the council pursuant to RCW 36.70 or 36.70A, relating to the growth, development, or redevelopment of Chewelah. "Conditional use permit" means a permit that runs with the land, is either temporary or for a specified time, and is reviewed as a Type I or Type II process that will allow uses in a particular zone based on a showing that the use will comply with all the conditions and standards as specified in this title and authorized by the review authority. “Cottage Housing” means residential units on a lot with a common open space that either: (a) Is owned in common; or (b) has units owned as condominium units with property owned in common and a minimum of 20 percent of the lot size as open space. "Council" means the Chewelah city council. "Critical aquifer recharge areas" are areas with a critical recharging effect on aquifers used for potable water, including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water, or is susceptible to reduced recharge (WAC 365-190-030). "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas. "Fish and wildlife habitat conservation areas" does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company. "Critical area buffer" means an area that surrounds and protects a critical area from adverse impacts to the functions and values of the resource. "Child day care center" means a facility providing for the care of thirteen or more children. A child day care center shall not be located in a private residence unless a 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. "Detached Accessory Dwelling Unit" means an accessory dwelling unit that consists partly or entirely of a building that is separate and detached from a single-family housing unit, duplex, triplex, townhome, or other housing unit and on the same property. "Development activities" means developing or extending utilities to the property; cutting or clearing of vegetation or trees other than for property maintenance and safety; moving or filling of earth or other activities that would lead towards building. "Domestic fowl" means chickens, ducks, geese, pigeons, and doves. "Driveway" means a developed area leading to a garage or carport or a semicircular area that has been surfaced with at least four inches of crushed rock or gravel or paved with concrete or asphalt of similar material. "Dwelling unit" means a residential living unit that provides complete independent living facilities for one or more persons and that includes permanent provisions for living, sleeping, eating, cooking, and sanitation. “Dwelling, Duplex”” means a building that contains two primary dwelling units on the same lot that share a common wall or common floor/ceiling. “Dwelling, multi-family " means a structure or structures containing three or more dwelling units. “Dwelling, Single-family detached" means a detached structure containing one dwelling unit. “Dwelling, Single-family attached” See “Townhouses.” "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. "Emergency housing" means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement. "Emergency shelter" means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. "Erosion hazard areas" are those areas containing soils which, according to the United States Department of Agriculture Natural Resources Conservation Service Soil Survey Program, may experience significant erosion. Erosion hazard areas also include coastal erosion-prone areas and channel migration zones. "Essential public facility" means those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, regional transit authority facilities as defined in RCW 81.112.020, state and local correctional facilities, solid waste handling facilities, opioid treatment programs including both mobile and fixed-site medication units, recovery residences, harm reduction programs excluding safe injection sites, and inpatient facilities including substance use disorder treatment facilities, mental health facilities, group homes, community facilities as defined in RCW 72.05.020, and secure community transition facilities as defined in RCW 71.09.020. "Exotic animals" means species of animals, including but not limited to the class Mammalia, whose members exist in a wild state. "FIRM map" means The Federal Insurance Rate Map (FIRM) which is the official map on which the Federal Insurance Administration has delineated both the area of special flood hazards and the risk-premium zones applicable to the community. "Fish and wildlife habitat conservation areas" are areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors, and areas with high relative population density or species richness. The Administrator may also designate locally important habitats and species. These areas do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company. See also "Habitats of local importance." "Floodplain" means the channel and the relatively flat area adjoining the channel of a natural stream or river that has been or may be covered by floodwater as designated on the FIRM Map. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Floor Area Ratio (FAR)" means the ratio of the gross floor area of all buildings on a lot divided by the lot area. "Frequently flooded areas" are lands in the floodplain subject to at least a one percent or greater chance of flooding in any given year, or within areas subject to flooding due to high groundwater. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas where high groundwater forms ponds on the ground surface. Garage, Private. "Private garage" means a structure that is accessory to a residential building or on a residential lot and that is used for the parking and storage of vehicles, excluding vehicles over one ton capacity, owned and operated by the residents thereof and that is not a separate commercial enterprise available to the general public. Garage, Public. "Public garage" means a structure, or portion of a structure, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public. "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns. "Gross floor area" means the interior habitable area of a dwelling unit including basements and attics but not including a garage or accessory structure. “Group Homes for Children” means a dwelling in which a person or persons provide personal care, special care, room and board to more than one (1) but not more than eight (8) juveniles who are not related by blood or marriage to the person or persons providing the care. Those homes or facilities serving more than eight (8) juveniles or serving juveniles under the jurisdiction of the criminal justice system shall be considered a “Residential Care Facility” pursuant to CMC 18.12.160, Community-based Behavioral Health Facilities. "Habitat conservation area" means and includes (a) areas with which species designated as endangered, threatened, and sensitive under Section 7 of the Endangered Species Act have primary association; (b) habitats and species of local importance; (c) naturally occurring ponds under twenty acres and their submerged aquatic beds that provide wildlife habitat; (d) waters of the state; and (e) state natural area preserves and natural resource conservation areas. "Habitats of local importance" designated as fish and wildlife habitat conservation areas include those areas found to be locally important by counties and cities. "Hazardous waste" means all dangerous and extremely hazardous waste as defined in RCW 70.105.010(15), except for moderate-risk waste as set forth in RCW 70.105.010(17). "Hazardous waste storage" means the holding of hazardous waste for a temporary period. Accumulation of hazardous waste by the generator on the site of generation is not storage as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201. "Hazardous waste treatment" means the physical, chemical, or biological processing of hazardous waste to make such waste non-dangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume. Hazardous Waste Treatment and Storage Facility, on-site. "On-site hazardous waste treatment and storage facility" means treatment and storage facilities which treat, and store hazardous wastes generated on the same property. This activity is always the accessory use to a primary activity on the property. Hazardous Waste Treatment and Storage Facility, Off-Site. "Off-site hazardous waste treatment and storage facility" means treatment and storage facilities which treat, and store hazardous wastes generated on properties other than those on which the off-site facilities may be located. This use is always the primary use of the property. "Hearing examiner" means an appointive officer who acts in a manner similar to a judge to hear and decide upon land development project applications and/or administrative appeals of land use decisions. Hearing examiners are professionally trained to make objective quasi-judicial decisions supported by an adequate record. "Home occupation" means any business or professional enterprise conducted in a dwelling unit or accessory structure, which is not generally or customarily characteristic of activities for which dwelling units are intended or designed. Such activity is clearly incidental or secondary to the residential use of the premises and is conducted only by persons residing in the dwelling unit. "Hotel" means a facility offering transient lodging accommodations to the general public and having six or more guest rooms. Additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities may be provided. "Inherently dangerous animals" mean any animal that, by its nature, poses a substantial risk to humans or livestock by poisoning, mauling, biting or otherwise exhibiting predatory, territorial, or defensive behavior. These may include, but are not limited to, varieties of snakes, wild cats, bear, amphibians, insects, and hybrids of wild and domestic dogs. "Keeping of livestock" means the regular or occasional use of land for the feeding, pasturing, and boarding of livestock. This does not include the transient housing of livestock associated with veterinary offices or animal hospitals. "Kennel" means any building or lot on which four or more dogs or cats over four months of age are kept for commercial or non-commercial purposes. "Landscaping" means an expanse of natural scenery, including lawns, trees, plants, and other natural materials, such as rocks, and decorative features and amenities, such as planters, benches, and walkways. "Landslide hazard areas" are areas at risk of mass movement due to a combination of geologic, topographic, and hydrologic factors. "Livestock" means any animal of the species of steer, cow, horse, mule/donkey, llama, ox, goat, sheep, swine (pigs and hogs), domestic fowl, rabbit, exotic animal, primate or any other animal of similar nature or size. "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of land. Long-term commercial significance means the land is capable of producing the specified natural resources at commercially sustainable levels for at least the twenty-year planning period, if adequately conserved. Designated mineral resource lands of long-term commercial significance may have alternative post-mining land uses, as provided by the Surface Mining Reclamation Act, City of Chewelah Comprehensive Plan and development regulations, or other laws. "Lot" means a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon (see Figure 3 in CMC 18 Appendix A). Lot, Corner. "Corner lot" means a lot abutting two or more streets at their intersection or at two parts of the same street forming an interior angle of less than one hundred thirty-five degrees. "Lot coverage" means the percentage of the total lot area covered by all principal and accessory structures, excluding eaves, cornices, sills, and similar extensions. "Lot depth" means the horizontal distance between the front and rear property lines measured on a line approximately perpendicular to the fronting street and midway between the side property lines. “Lot, double frontage,” “Double frontage lot" or “reverse frontage lot” means a lot with street frontage along two opposite boundaries. "Lot frontage" means the side of a lot adjoining a street right-of-way. Lot, Inside or Interior. "Interior or inside lot" means a lot other than a corner lot and fronting on one street. "Lot width" means the horizontal distance between the side property lines measured at a right angle to the lot depth at a point thirty feet from the front property line. "Low Impact Development (LID)" is a stormwater and land use management strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. "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: (a) Includes plumbing, heating, air conditioning, and electrical systems; (b) is built on a permanent chassis; and (c) can be transported in one or more sections with each section at least eight feet wide and 40 feet long when transported, or when installed on the site is three hundred twenty square feet or greater. Manufactured Home, Designated. "Designated manufactured home" means a manufactured home which: (1) is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long; and (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 dwellings. "Manufactured home park" or "manufactured housing community, “means any real property which is rented or held out for rent to others for the placement of two or more mobile homes, manufactured homes, or park models for the primary purpose of production of income, except where such real property is rented or held out for rent for seasonal recreational purpose only and is not intended for year-round occupancy. "Mine hazard areas" are those areas directly underlain by, adjacent to, or affected by mine workings such as pits, tunnels, drifts, or air shafts. "Mineral resource lands" means lands primarily devoted to the extraction of minerals or that have known or potential long-term commercial significance for the extraction of minerals. "Minerals" include gravel, sand, and valuable metallic substances. "Mini storage facility, self-storage warehouse, self-service storage" means an industry in which storage space (such as rooms, lockers, containers, and/or Recreational Vehicle Storage, also known as "storage units") is rented to tenants, usually on a short-term basis. "Minor modification" means any modification to an existing serviceable structure that does not add more than twenty percent to the total structure square footage, in no case shall the increase be greater than four hundred square feet or adds more than twenty percent to the existing building height. "Mobile home" means a factory-built dwelling built prior to June 15, 1976, to standards other than the United States department of housing and urban development code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the United States department of housing and urban development manufactured home construction and safety act. "Modular home" means a factory-assembled structure designed primarily for use as a dwelling when connected to the required utilities that include plumbing, heating, and electrical systems contained therein, does not contain its own running gear, and must be mounted on a permanent foundation. A modular home does not include a mobile home or manufactured home. Motel, Auto or Tourist Court. "Auto or tourist court motel" means a building or group of buildings on the same lot containing six or more guest rooms, each with a separate entrance, consisting of individual sleeping quarters detached or in connected rows, with or without cooking facilities, rented for compensation to tourists or transients. "Motor home, camper, travel trailer" means a recreational vehicle used for eating and sleeping that is not considered a dwelling that can be parked temporarily inside of the corporate limits of the city and outside of a trailer court for not more than ninety days total in any consecutive twelve-month period. “Multiple-Family” of “Multi-Family” means a means a structure containing three or more dwelling units on the same lot. "Natural resource lands" means agricultural, forest, and mineral resource lands which have long-term commercial significance. "Net floor area" means the total usable area, in square feet, of a building, measured by subtracting stairways, elevators, and mechanical space from the gross floor area of a building. "Nonconforming lot" means a lot of record which was lawfully established, existing and maintained at the effective date of the provisions of the ordinance codified in this title but which, because of the application of such ordinance, no longer conforms to the regulations prescribed in this title for the district in which it is located. "Nonconforming use or structure" means a building, structure, or land use which was lawfully established, existing and maintained at the effective date of the ordinance codified in this title but which, because of the application of such ordinance, no longer conforms to the regulations prescribed in this title for the district in which it is located. "Non-federally regulated wetlands" means wetlands that are hydrologically isolated from other aquatic resources, as determined by the United States Army Corps of Engineers. Isolated wetlands may perform important functions and are protected by state law (RCW 90.48) whether or not they are protected by federal law. "Nursing home" means any home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in excess of twenty-four consecutive hours for three or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity, are unable to properly care for themselves. Care may include administration of medicines, preparation of special diets, giving of bedside nursing care, application of dressings and bandages, and carrying out of treatment prescribed by a licensed practitioner of the healing arts. Nothing in this definition shall be construed to include general hospitals in which surgery or obstetrics or both are performed, the care of persons suffering from a mental sickness, mental disorder, or ailment. "Open space" means an unobstructed area from the ground to the sky. "Overlay district" means a district specifically delineated on the zoning map establishing land use requirements that govern in addition to standards of the base district. "Park model" means a recreational vehicle intended for permanent or semipermanent installation and is used as a primary residence. "Parking space" means a space for the parking of a motor vehicle within a public or private parking area. "Permanent supportive housing" is subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community-based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in chapter 59.18 RCW. "Permitted use" means any use allowed in a specified zone and subject to the restrictions applicable to that zone. "Pets" mean dogs, cats or any other animal kept or bred for the purpose of human companionship. Potbelly pigs and domestic ferrets shall be considered pets. "Planned development" means an area to be planned, developed, operated, and maintained according to plan as a single entity and containing one or more structures with appurtenant common areas. "Principal unit" means the single-family housing unit, duplex, triplex, townhome, or other housing unit located on the same lot as an accessory dwelling unit. "Principal use" means the use for which a lot, structure or building, or the major portion, is designed, intended, or actually utilized. "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, park and recreational facilities, and schools. "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services. "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth. "Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a mobile home lot. "Residence" means a building or portion thereof designed exclusively as a place of habitation for one or more persons, but excluding dormitories, motels, hotels, tourist homes, hospitals, and rest homes. See "Dwelling unit." “Religious organization" means the federally protected practice of a recognized religious assembly, school, or institution that owns or controls real property. "Restaurant" means an establishment where food and drink are prepared, served, and consumed primarily within the principal building. "Salmonid" means resembling or characteristic of a salmon; of or belonging to the family Salmonidae, which includes salmon, trout, and whitefish. "Seat" means fixed seat, or each eighteen inches of bench width where fixed benches or pews are provided. Where movable chairs are provided, each fifteen square feet of floor area to be occupied by such chairs shall be considered as a seat. "Seismic hazard areas" are areas subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement, soil liquefaction, debris flows, lahars, or tsunamis. "Service station" means any building or premises used for the sale of motor vehicle fuel and other petroleum products and automotive accessories, and for the washing, lubrication, and minor repair of automotive vehicles, but not including tire recapping, engine overhauling, body and fender work or painting. "Setback" means the horizontal distance in feet as measured from a lot line to the nearest vertical point of a structure (see Figure 1 in CMC 18 Appendix A). "Short-term rental" means a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or portion thereof, is offered or provided to a guest by a short-term rental operator for a fee for fewer than 30 consecutive nights. "Signs, temporary and/or portable" means any sign that is not permanently secured to the ground or a structure consistent with the uniform sign code. Examples of these signs include: "sandwich board" or "A-frame" signs, easels, letter-boards and reader-board signs mounted on a vehicle normally licensed by the state, signs advertising yard sales, rummage sales, garage sales, or any such event, or banners or pennants not attached to the building or establishment that they advertise. "Site area" means the total horizontal area within the property lines excluding external streets. "Site plan" means the development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, critical resource areas, means of ingress and egress, circulation, utility services, structures, signs, lighting, surrounding development, and any other information that reasonably may be required so that an informed decision can be made by the approving authority. "Species of local importance" are those species that are of local concern due to their population status or their sensitivity to habitat alteration or that are game species. "Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If a finished floor level directly above an under-floor space is more than six feet above grade for more than fifty percent of the perimeter or is more than twelve feet above grade at any point, such under-floor space shall be considered a story (see Figure 4 in CMC 18 Appendix A). Story, first. "First story" means the lowest story in a building which qualifies as a story, except that a floor level in a building having only one floor level shall be classified as a first story provided such floor level is not more than four feet below grade for more than fifty percent of the total perimeter, or not more than eight feet below grade at any point. "Street" means the entire width within the right-of-way provided for public use for the purpose of vehicular and/or pedestrian traffic and the placement of utilities. "Structure" means anything constructed or erected which requires a location on the ground or that is attached to something having a location on the ground, but not including fences less than six feet in height, excepting that "structure" for the purposes of applying the regulations prescribed by the flood management overlay district of this title shall mean any walled and roofed building or mobile home that is principally above ground. "Tiny house" and "tiny house with wheels" means 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. "Towing service establishment" means any building or premises which is used for the indoor or outdoor temporary storage of operable, inoperable, nonrepairable, or abandoned motor vehicles pending delivery to the owner or to a public garage for repair or to a junkyard for salvage; but excluding stripping and salvaging activities and auto wrecking yards for prolonged storage of wrecked motor vehicles. “Townhouses,” mean buildings joined at the side by a common wall. Each dwelling has up to two or three stories and no dwellings are placed over another. Each dwelling has direct access to the street and typically contains some private open space. “Transitional housing" means a project that provides housing and supportive services to homeless persons or families for up to two years and that has as its purpose facilitating the movement of homeless persons and families into independent living. "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources. Urban growth typically requires urban governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth. "Use" means the purpose or activity for which land is zoned, or a structure is intended or used. "Variance" means the means by which an adjustment is made in the strict application of this title to a particular piece of property, which because of peculiar physical characteristics, would be deprived privileges commonly enjoyed by other properties in the same zone. A variance shall not allow a use in a zone where otherwise prohibited. "Volcanic hazard areas" include areas subject to pyroclastic flows, lava flows, and inundation by debris flows, lahars, mudflows, or related flooding resulting from volcanic activity. "Water dependent use" means a use or portion of a use which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Water dependent uses may include marinas, water intake systems, and sewer outfalls. "Water related use" means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose operation cannot occur economically without a shoreline location. Water related uses may include fish hatcheries. "Wellhead protection area" means the surface and subsurface area surrounding a well or wellfield that supplies a public water system and through which contaminants are likely to pass and eventually reach the water well or wellfield, as has been designated pursuant to WAC 246-290. "Wetland” or “Wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that which under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, grass lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. "Yard" means an open space situated between lot lines and not covered by buildings, unoccupied and/or unobstructed from the ground upward except as may be permitted by this title (see Figure 3 in CMC 18 Appendix A). Yard, Front. "Front yard" means an open space extending the full width of the lot between any building and the front lot line. Yard, Rear. "Rear yard" means an open space extending the full width of the lot between the principal building and the rear lot line, excluding steps and porches. Yard, Side. "Side yard" means an open space extending the full depth of the lot between any building and the side lot line.

(Ord. No. 900, § 7, 8-3-2016)