For the purpose of this title, certain terms and words are defined in this chapter. When not inconsistent with the context, words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "shall" is always mandatory and the word "may" denotes a use of discretion in making a decision. The words "used" or "occupied," unless the context otherwise requires, shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied."

(Ord. 698(part), 1979).

"City" means the city of Cosmopolis in Grays Harbor County, Washington; "city council" means the city council of the city; "planning commission" means the Cosmopolis planning commission; and "board" means the board of adjustment of the city.

(Ord. 698(part), 1979).

"Alley" means a passage or way open to public travel, affording generally a secondary means of vehicular access to abutting lots, but not intended for the general traffic circulation and including vehicular ways satisfying this definition but designated by some other name.

(Ord. 698(part), 1979).

For a definition of "automobile court," see "motel," Section 18.08.390.

(Ord. 698(part), 1979).

"Automobile garage" means a private building intended to house not more than three automobiles.

(Ord. 698(part), 1979).

"Major automobile repair" means general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles or trailers; collision service, including body, frame, or fender straightening or repair; overall painting or paint shop.

(Ord. 698 (part), 1979).

"Minor automobile repair" means minor repairs, replacement of minor parts, motor service to passenger automobiles and trucks not exceeding one and one-half tons capacity, but not including any operation specified under "automobile repair, major," Section 18.08.060.

(Ord. 698(part), 1979).

"Building" means any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of any person, animal, or chattel. When any portion thereof is completely separated from every other portion thereof by a masonry division or firewall without any window, door or other opening therein, which wall extends from the ground to the upper surface of the roof at every point, then each such portion shall be deemed to be a separate building. A house trailer shall not be considered a building.

(Ord. 698(part), 1979).

"Accessory building" means a detached subordinate structure, the use of which is incidental to that of a main building on the same lot, and which does not change or alter the character of the premises.

(Ord. 891 § 3, 1988: Ord. 698 (part), 1979).

"Main building" on any lot means the largest (by floor space) building on the lot. The use conducted in such a building shall be the principle use of the lot in which it is situated. In any residential district, any dwelling shall be deemed to be the main building.

(Ord. 698(part), 1979).

"Public building" means a building owned or leased by a governmental entity for a public purpose, which includes police stations, fire stations, libraries, city hall, community centers and schools.

(Ord. 698(part), 1979).

"Carport" means a covered space for the housing primarily of motor vehicles and enclosed on no more than two sides by walls, screens, cabinets, or other types of enclosures.

(Ord. 698(part), 1979).

"Clinic" means a building or portion of a building containing offices for providing medical, dental, psychiatric or chiropractic services for outpatients only.

(Ord. 698(part), 1979).

"Condominium" means a single-dwelling unit in a multiunit dwelling or structure that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property.

(Ord. 1181 §1(part), 2006).

"Court apartments" means a single-story, gabled roof structure containing a maximum of three attached dwelling units arranged to form an open courtyard in the center.

(Ord. 698(part), 1979).

"Day nursery" or "preschool" means an institution providing supplemental parental care, supervision, training or education during the day for a group of children with or without compensation.

(Ord. 698(part), 1979).

"District" means a portion of the city within which certain specified uses of land and buildings are permitted or regulated and all other uses are prohibited, or within which certain yards and other open spaces are required, or within which certain lot areas are established, or within which certain height limits are required for buildings, or within which a combination of such aforesaid regulations are applied, all as set forth and specified in this title, or any of the districts with which any combining regulations are combined.

(Ord. 698(part), 1979).

"Group dwelling" means a group of two or more detached or semidetached one-family, two-family, or multiple-family dwellings occupying a parcel of land in one ownership and having yards and courts in common.

(Ord. 698(part), 1979).

"Multiple-family dwelling" means a building or portion thereof designed for or containing three or more independent dwelling units, except court apartments.

(Ord. 698(part), 1979).

"One-family dwelling" means a detached building designed for or containing one dwelling unit.

(Ord. 698(part), 1979).

"Two-family dwelling" means a detached building designed for or containing two independent dwelling units.

(Ord. 698(part), 1979).

"Dwelling unit" means a building or portion thereof providing complete housekeeping facilities for one family.

(Ord. 698(part), 1979).

"Gross floor area" means the sum of the areas of all floors included within the surrounding walls of a building, or portion thereof, exclusive of vents, shafts, and courts.

(Ord. 698 (part), 1979).

"Hazardous waste" means all dangerous and extremely hazardous waste as defined in RCW 70.105.010(15), or its successor, except for moderate risk waste as set forth in RCW 70.105.010(17), or its successor.

(Ord. 894 § 1(part), 1988).

"Off-site hazardous waste treatment and storage facility" means treatment and storage facilities which treat and store hazardous wastes generated on a lot other than those which the off-site facilities are located.

(Ord. 894 § 1(part), 1988).

"On-site hazardous waste treatment and storage facility" means treatment and storage facilities which treat and store hazardous wastes generated on the same lot.

(Ord. 894 § 1(part), 1988).

"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.

(Ord. 894 § 1(part), 1988).

"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.

(Ord. 894 § 1(part), 1988).

"Height of buildings" means the vertical distance from the average grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest ridge or peak of a pitched roof.

(Ord. 698 (part), 1979).

"House trailer" means any vehicle, including any recreational vehicles, other than a manufactured or mobile home as defined in Sections 18.08.365 and 18.08.370, which is used for living or sleeping purposes whether its wheels are in place or are supplanted by other means of support.

(Ord. 1047 § 1, 1997: Ord. 698 (part), 1979).

"Junkyard" means the use of more than one hundred square feet of area of any lot, or the use of any portion of that half of any lot (but not exceeding a depth or width, as the case may be, of one hundred feet) which adjoins any street, for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or the use of any area for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof; provided, however, that this definition does not include uses conducted entirely within an enclosed building or lots for the outdoor display and sale of used automobiles in operable condition.

(Ord. 698(part), 1979).

"Kennel" means any premises, building, or structure in or on which four or more dogs, at least six months of age, are harbored.

(Ord. 698(part), 1979).

"Lot" means an area of land held in single or common ownership and may consist of, but not necessarily be the same as, one or more tax lots, platted lots, parcels, or tracts.

(Ord. 698(part), 1979).

"Lot area" means the total horizontal area included within lot lines.

(Ord. 698(part), 1979).

"Corner lot" means a lot bounded on two or more sides by street lines; provided, that the interior angle of intersection or interception of the street does not exceed one hundred thirty-five degrees.

(Ord. 698 (part), 1979).

"Lot depth" means the shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line. For lots with front lines containing curves or angles, the measurement shall be taken from the line drawn parallel to a base line joining the front corners of the lot and lying midway between the base line and a line drawn parallel to the base line tangent to the curve or through the angle point.

(Ord. 698 (part), 1979).

"Interior lot" means a lot other than a corner lot.

(Ord. 698 (part), 1979).

"Front lot line" means, in the case of an interior lot, a line separating the lot from the street; in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street.

(Ord. 698 (part), 1979).

"Rear lot line" means the lot line which is generally opposite the front lot line. If the rear lot line is less than ten feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front lot line, not less than ten feet long, lying wholly within the lot and farthest from the front lot line.

(Ord. 698 (part), 1979).

"Side lot line" means any lot boundary line not a front lot line or a rear lot line.

(Ord. 698 (part), 1979).

"Lot width" means the distance between side lot lines measured at right angles to the lot depth at its midpoint.

(Ord. 698 (part), 1979).

"Manufactured home" means a single-family dwelling built in accordance with the Department of Housing and Urban Development Manufactured Home and Construction and Safety Act, which is a national preemptive building code.

(Ord. 1047 § 3, 1997).

"Manufactured or mobile home park" means an area of land, in a single ownership, on which ground space is available for the location of two or more manufactured or mobile homes. Said manufactured or mobile homes are generally owned by the occupants who pay a fee for the use of the ground space. The manufactured or mobile home units remain essentially portable and may be moved from time to time. There shall be no provision in the zoning code for new mobile/manufactured home parks; provisions related to planned unit developments shall apply thereto.

(Ord. 1047 § 4, 1997: Ord. 698 (part), 1979).

"Mobile home" means a home factory-built prior to June 15, 1976 to standards other than HUD 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 introduction of the HUD Manufactured Home Construction and Safety Standards Act.

(Ord. 1047 § 2, 1997: Ord. 1068 (part), 1979).

"Motel" means a building or group of buildings containing guestrooms or apartments with automobile storage or standing space serving such rooms or apartments provided in connection therewith, which facility is designed, intended, or customarily used for the accommodation of automobile travelers, including groups designated as auto cabins, motor lodge, motel, and by similar designations, but not including mobile home parks.

(Ord. 698(part), 1979).

"Off-street automobile parking space" means space within a public or private parking area, or within a building designed for, or used for, the temporary parking or storage of one motor vehicle.

(Ord. 698(part), 1979).

"Planned unit development" means the unified development of a site for the construction of residential, commercial, or industrial projects utilizing building groups, large scale site planning and arrangement of specific structures and open spaces to permit a more advantageous use of the property.

(Ord. 698 (part), 1979).

"Story" means that portion of a building included between the surface of any floor and the surface of the next floor above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it. A mezzanine floor shall be counted as a story if it covers over one-third of the area of the floor next below it, or if the vertical distance from the floor next below it to the floor next above it is twenty- four feet or more. A basement shall be counted as a story if its ceiling is over six feet above the level from which the height of the building is measured.

(Ord. 698(part), 1979).

"Half story" means a story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story.

(Ord. 698(part), 1979).

"Street" means a public thoroughfare which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley. Unless otherwise designated, the right-of-way width of unplatted streets is to be considered sixty feet.

(Ord. 698(part), 1979).

"Structural alterations" means any change in the supporting members of a building such as bearing walls, columns, beams, girders, purlins, rafters or trusses.

(Ord. 698(part), 1979).

"Use" means the purpose for which land or buildings or structures now serve, or for which it is occupied, maintained, arranged, designed or intended.

(Ord. 698(part), 1979).

"Conditional use" means uses which, because of characteristics peculiar to such uses, or because of size, technological processes or equipment, or because of exact location with reference to surrounding, streets, and existing improvements or demands upon public facilities, require a special degree of control to assure that uses will not unduly interfere with or damage other existing or permitted uses in the same district or affect the public health, safety, and welfare of the city.

(Ord. 698(part), 1979).

"Nonconforming use" means the use of a building or other structure or of a tract of land which does not conform to the use regulations of this title for the district in which it is located, either on the date of adoption of the ordinance codified in this title, or as a result of subsequent amendments which may be incorporated into this title.

(Ord. 698(part), 1979).

"Permitted use" means any use authorized or permitted alone or in conjunction with another use in a specified district and subject to the limitations of the regulations of such use district.

(Ord. 698(part), 1979).

"Incidental or accessory secondary use" means a minor or second use for which a lot, structure, or building is designed or employed in conjunction with, but subordinate to, its primary use.

(Ord. 698(part), 1979).

"Variance" means a modification of the regulations of this title granted 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. 698(part), 1979).

"Water access facility" means any facility that would include ship and boat sales, marine equipment sales and services, boatyards, ship, boat or barge building, construction and repair, dry docks, ship berthing, structure launching facilities, boat ramps and navigation aids.

(Ord. 1181 §1(part), 2006).

"Water enjoyment facility" means a recreational use, or other use facilitating public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through the location, design and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water enjoyment use, the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Primary water enjoyment uses may include parks, piers and other improvements facilitating public access to the shorelines of the state and general water enjoyment uses may include single-family residential, condominiums, motels and hotels, restaurants, resorts; provided that such uses conform to the above water enjoyment specifications.

(Ord. 1181 §1(part), 2006).

"Yard" means an open space of uniform width of depth on the same lot with a building or a group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except for the certain exceptions specified in this title. In measuring a yard, as provided in this title, the line of a building shall be deemed to mean a line parallel to or concentric with the nearest lot line drawn through the point of a building or the point of a group of buildings nearest to such lot line, exclusive of the exceptions referenced above, and the measurements shall be taken from the line of the building to the nearest lot line.

(Ord. 698(part), 1979).

"Front yard" means a yard extending the full width of the site and measured as to depth at the least horizontal distance between the street right-of-way line and the exterior wall.

(Ord. 698(part), 1979).

"Rear yard" means a yard which extends the full width of the site and measured as to depth at the least horizontal distance between the rear lot line, and the exterior wall.

(Ord. 698(part), 1979).

"Side yard" means a yard which extends from the front yard or front lot line where no front yard exists, to the rear yard or rear lot line where no rear yard exists, and measured as to width at the least horizontal distance between the side lot line.

(Ord. 698 (part), 1979).