For the purpose of this title, certain terms and words are defined as follows: Words used in the present tense also include the future; words or phrases used in the singular also include the plural; and words in the plural also include the singular; the word "building" includes structure, and "structure" includes building; and the word "shall" is mandatory and not permissive. The words "used" or "occupied" shall include within their meanings "intended," "arranged," or "designed to be used or occupied." The word "person" includes a corporation, partnership, or other entity. Any word not specifically defined by this section shall have the meaning as defined by the common dictionary.

(Ord. 635(part), 1984)

(Ord. No. 946, § 1, 11-23-2010)

"Accessory dwelling or housing unit" means a technique of providing affordable housing which uses surplus space in existing single-family homes. An accessory dwelling unit is an additional living unit, including separate kitchen, sleeping, and bathroom facilities, attached or detached from the primary residential unit, on a single-family lot.

"Accessory use or building" means a building, part of a building or structure or use which is subordinate to, and the use of which is incidental to, that of the main building, structure or use of the same lot.

"Adaptive reuse" means conversion of surplus and/or outmoded buildings including old school buildings, warehouses, stores, etc., to economically viable new uses, such as the production of new housing through conversion of old buildings to new apartments or studio units.

"Adult family home" means a regular family abode in which a person or persons provides personal care, special care, room, and board to more than one but nor more than six adults who are not related by blood or marriage to the person or persons providing the services.

"Agriculture" means the tilling of the soil, the raising of crops, horticulture, livestock farming, dairying and/or animal husbandry.

1.

"Agricultural operation" means the condition or activity which occurs on farms in connection with the commercial production of farm products, and includes, but is not limited to, marketed produce at roadside stands or farm markets, noise, odors, dust, fumes, operation of machinery and irrigation pumps, ground and aerial seeding and spraying, the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides and associated drift of such materials, and the employment of labor.

2.

"Agricultural production" means those plants and animals useful to human beings and including, but not limited to, establishments and land uses (farms, ranches, dairies, greenhouses, nurseries, orchards, hatcheries, etc.) primarily engaged in the production of crops, plants, vines, or trees (excluding forestry operations); and the keeping, grazing, or feeding of livestock for the sale of livestock products (including serums), for livestock increase, or for value increase. Livestock as used herein includes cattle, sheep, goats, hogs, and poultry. Also included are animal specialties such as horses, rabbits, bees, pets, fur-bearing animals in captivity and fish in captivity. Agricultural production also includes establishments primarily engaged in the operation of sod farms, mushroom cellars, cranberry bogs, poultry hatcheries, and in the production of bulbs, flower seeds, and vegetable seeds.

3.

"Agricultural services" means establishments or land uses primarily engaged in supplying soil preparation services, crop services, landscape and horticultural services, veterinary and other animal services, and farm labor and management services.

4.

"Farm and agricultural land" means either one of the following:

a.

Any parcel of land that is twenty acres or more, or multiple parcels of land that are contiguous and total twenty acres or more:

i.

Devoted primarily to the production of livestock or agricultural commodities for commercial purposes,

ii.

Enrolled in the Federal Conservation Reserve Program or its successor administration of the United States Department of Agriculture (USDA), or

iii.

Any other commercial activities that may be identified under Major Group 01.—Agricultural Production—Crops; Major Group 02.—Agricultural Production—Livestock and Animal Specialties; and, Major Group 07.—Agricultural Services, Standard Industrial Classification Manual, 1987;

b.

Any parcel of land that is five acres or more but less than twenty acres devoted primarily to agricultural uses, which has produced a gross income from agricultural uses consistent with the provisions of RCW 84.34, Open Space, Agricultural, and Timberlands—Current Use Assessment—Conservation Futures;

c.

Agricultural lands shall also include such incidental uses as are compatible with agricultural purposes, including wetlands preservation, provided such incidental use does not exceed twenty percent of the classified land and the land on which appurtenances necessary to the production, preparation, or sale of the agricultural products exist in conjunction with the lands producing such products;

d.

Agricultural lands shall also include any parcel of land of one to five acres, which is not contiguous, but which otherwise constitutes an integral part of farming operations being conducted on land qualifying under this section;

e.

The land on which housing for employees and the principal place of residence of the farm operator or owner of land pursuant to subsection (4)(a)(i) of this definition if:

i.

The housing or residence is on or contiguous to the classified parcel, and

ii.

The use of the housing or the residence is integral to the use of the classified land for agricultural purposes. (See RCW 84.34.020[2])

5.

"Generally accepted agricultural and management practices" means those historic practices and those practices as defined by the state of Washington Department of Agriculture, recommendations of Washington State Cooperative Extension Services in Yakima County, and other professional and industry agricultural organizations.

"Alley" means a public thoroughfare or way having a width of twenty feet or more which affords only a secondary means of access to abutting property.

"Amendment" means a change in the wording, context or substance of this title, or change in the district boundaries upon the zoning map, which map is a part of this title when adopted by the Mabton city council in the manner prescribed by law.

"Apartment" means a room or suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a residence.

Auto Court. For a definition of "auto court," see "motel."

Automobile Service Station. For a definition of "automobile service station," see "service station."

"Automobile, truck and/or trailer sales area" means an uncovered premises used for display, sale or rental of new or used automobiles, trucks and trailers.

"Automobile wrecking, dismantling, salvage or yard" means a place used for the storage, dismantling, sorting, cleaning or baling of wrecked automobiles, trucks, trailers, used building materials, machinery and other discarded or salvaged materials.

"Building" means any structure built for the support, shelter or enclosure of persons, animals or chattels or property of any kind. Where this title requires, or where special authority granted pursuant to this title requires that a use shall be entirely enclosed within a building, this definition shall be qualified by adding "and enclosed on all sides."

Business, Retail. "Retail business" means a business engaged primarily in the sale of commodities to the ultimate consumer. This definition does not include the manufacture of goods.

Business, Wholesale. "Wholesale business" means the sale of commodities in bulk quantities for resale to customers such as retailers, other wholesale businesses, industrial, institutional and commercial users. This definition does not include the manufacture of goods.

"Certificate of concurrency" means the certificate issued by the city of Mabton upon finding that an application for a development permit will not reduce the level of service below standards set forth within the city of Mabton comprehensive plan.

"City" means the city of Mabton.

"Concurrency" means when adequate public facilities meeting level of service standards are in place at the time a development permit is issued; or a permit is issued subject to the determination that necessary facilities will be in place when the impacts of the development occur; or that improvements or strategies are in place at the time of development; or that a financial commitment is in place to complete the improvements or strategies within six years of the time of development.

"Concurrency management system" means the system used by the city to determine that development approvals, when issued, will not reduce the level of service below standards established in the city of Mabton comprehensive plan.

"Conditional use" means a use listed among those classified as a conditional use but permitted to locate only after review by the planning agency, and the granting of a conditional use permit in a manner prescribed by the processing procedure chapter. In granting the permit the agency may impose such performance standards as will make the use compatible with other permitted uses in the same vicinity and use district and assure against imposing excessive demands upon public utilities.

"Convalescent, nursing or guest home" means a boardinghouse providing nursing, dietary and other personal services to convalescents, invalids or aged persons, but excluding mental cases and cases of contagious or communicable disease and excluding surgery or primary treatments which are customarily provided in sanitariums and hospitals.

"Critical areas" means the following areas and ecosystems included in the Growth Management Act (36.70a.030(5)):

1.

Wetlands;

2.

Areas with a critical recharge effect on aquifers used for potable water;

3.

Fish and wildlife habitat conservation areas;

4.

Frequently flooded areas; and

5.

Geologically hazardous areas.

"Day care center" means any institution or establishment in which children are received during established time periods in a non-residential facility for the purpose of being given nonparental care, supervision, or training, governed by the state day care center licensing provisions and conducted in accordance with state requirements.

"Day care center, mini" means the care of more than twelve children, including children who reside at the home, conducted by the occupant within their residence. A mini-day care center shall be regarded as a home occupation. Mini day care centers shall be subject to state day care center licensing provisions and conducted in accordance with state requirements.

"Day care provider, family" means a child daycare provider who regularly provides child daycare for not more than twelve children in the provider's home in the family living quarters. Family day care centers shall be subject to state day care center licensing provisions and conducted in accordance with state requirements.

"De minimis development" means a proposed development of such low intensity as to have a minimal effect, if any, upon the level of service. Single-family dwellings and any development generating less than ninety vehicular trips per day shall be deemed de minimis.

"Dripline" means a vertical plane defined by the eave, roof overhang, cornice or other permanent ornamental feature extending furthermost from the building.

"Dwelling" means a building or portion thereof designed for residential use.

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

1.

Site built: Constructed primarily at the occupancy site and permanently affixed to the ground by a foundation.

2.

Manufactured home" as defined in this section.

3.

"Modular home" as defined in this section.

Dwelling, Two-Family. "Two-family dwelling" means a single structure designed exclusively for occupancy by two families living independently of each other, and containing two dwelling units. Such definition also includes the term "duplex."

Dwelling, Multifamily. "Multifamily dwelling" means a single structure designed exclusively for occupancy by three or more families living independently of each other, and containing three or more dwelling units. Such definition may also include the terms "tri-plex," "four-plex," etc.

"Dwelling unit" means one or more rooms in a dwelling or apartment house or apartment hotel having not more than one kitchen.

"Essential public facilities" means:

1.

Those facilities that are typically difficult to site, such as airports, state education facilities, state and local correctional facilities, state or regional transportation facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, and group homes not falling under the purview of fair housing laws, such as adult correctional work release facilities;

2.

Those facilities appearing on the list maintained by the State Office of Financial Management pursuant to RCW 36.70A.200(4).

"Family" means an individual, or two or more persons related by blood or marriage, or a group of persons, excluding servants, who are not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit. The term "family" shall also include consensual living arrangements of disabled persons living in a group home or other home-like setting which are protected by the provisions of the Federal Fair Housing Act and the Washington Housing Policy Act, RCW 36.70.990 and 36.70A.410 (See "Group home").

"Feed lot" means a confined area providing for the concentrated feeding or holding of animals or poultry, including but not limited to, horses, cattle, sheep or swine, dairy confinement areas, slaughterhouses, or shipping terminal holding pens, poultry and/or egg production facilities, and fur farms, any of which may be housed in buildings or in pens or lots.

Garage, Private. "Private garage" means an accessory building or an accessory portion of the main building, designed or used only for the shelter or storage of vehicles owned or operated by the occupants of the main building.

Garage, Public. "Public garage" means a building other than a private garage used for the care, repair or equipping of automobiles, or where such vehicles are kept for remuneration, hire or sale.

"Grade" means the average of the finished ground level at the center of all walls of a building.

"Group Home" means any dwelling licensed, certified or authorized by state, federal or local authorities as an adult family home, or a residence for handicapped, physically or developmentally disabled adults, or dependent or pre-delinquent children, providing special care in a home-like environment.

Height, Building. "Building height" means the vertical distance between the grade as defined in this chapter and the highest part of the coping on a flat roof, or the deckline on a mansard roof, or the average height of the highest gable of a pitched or hipped roof. The height of a stepped or terraced building is the maximum height of the individual segment of the building.

"Home occupation" means an accessory use of a residence for a business conducted only by residents of the dwelling. A home occupation does not change the residential character of the area and does not infringe upon the right of neighbors to enjoy the peaceful occupancy of their homes. "Home occupations" are further defined as follows:

1.

The home occupation utilizes no more than twenty-five percent of the gross floor area of all buildings on the lot.

2.

There is no exterior evidence of the home occupation other than signing permitted in the district in which it is located.

3.

No home occupation may produce noise, vibration, smoke, odors, heat or glare which exceeds that normally produced by a single-family residence.

4.

No parking shall be allowed beyond that normal to a residential area and there shall be no excessive vehicular or pedestrian traffic as a result of the home occupation.

5.

Uses permitted as a home occupation shall include, but not be limited to the following:

a.

Dressmaking, seamstresses, tailors;

b.

Artists and sculptors;

c.

Authors and composers;

d.

Home crafts such as model-making, rug weaving and lapidary work;

e.

Office facility of a minister, rabbi or priest;

f.

Office facility of a salesman, sales representative or manufacturer's representative;

g.

Barber and beauty parlors; and

h.

Mini day care center.

6.

The following are prohibited as home occupations:

a.

Clinics and hospitals;

b.

Group dancing and music schools;

c.

Mortuaries;

d.

Rental of travel trailers;

e.

Restaurants and cafes;

f.

Commercial stables or kennels; and

g.

Vehicle repair shops.

Any use not specifically listed above may be permitted upon issuance of conditional use permit.

"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 state law.

"Hotel" means a building(s) in which lodging is provided with or without meals for compensation, and where no provision is made for cooking in any individual room or suite. This definition shall not include jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed and detained under legal restraint.

Housing, Affordable. "Affordable housing" means housing where the occupant pays no more than thirty percent of gross monthly income for total housing costs, including the cost of taxes and insurance for homeowners and renters.

Housing, Assisted. "Assisted housing" means rental housing which receives governmental assistance and is subject to use restrictions.

Housing, Farmworker. "Farmworker housing" means housing (e.g., camps, multifamily, single-family, etc.) specifically targeted for migrant and/or seasonal farmworker populations, especially those units as typically financed by the Farmers Home Administration, the Washington State Housing Assistance Program, or through the Washington State Migrant Council.

Housing, Group Quarters. "Group quarters housing" means:

1.

Institutional group quarters (e.g., correctional facilities, nursing homes, mental hospitals); and

2.

Noninstitutional group quarters (e.g., roominghouses, college dormitories, shelters for the homeless).

Housing, Income.

1.

Extremely low income: Households whose incomes are below thirty percent of an area median income, as determined by the U.S. Department of Housing and Urban Development (HUD);

2.

Very low income: Households whose incomes are below fifty percent of an area median income, as determined by HUD;

3.

Low income: Households whose incomes are between fifty-one percent and eighty percent of an area median income, as determined by HUD;

4.

Moderate income: Households whose incomes are between eighty-one percent and ninety-five percent of an area median income, as determined by HUD; and

5.

Middle income: Households whose incomes are between ninety-six percent and one hundred twenty percent of an area median income, as determined by HUD.

Housing, Overcrowded. "Overcrowded housing" means a housing unit containing more than one person per room.

Housing, Special Needs. "Special needs housing" means housing, including housing units and group quarters, which includes a planned service component for individuals and families who require special services (e.g., case management, psychological or medical counseling and supervision, and job training) to live independently or semi-independently.

"Housing unit" means an occupied or vacant house, apartment, or a single room which is intended as separate living quarters.

"Inclusionary zoning" means a technique applied to new housing developments in which a certain portion of the units being constructed are set aside to be affordable to low- and moderate-income homebuyers.

"Industrial or business park" means a highly restricted type of planned industrial, commercial or business district in which special emphasis and attention are given to aesthetics and community compatibility, all for the purpose of assuring attractive and efficient uses within the park and the harmonious integration of the industrial area into the community in which it is located. Subdivided and developed according to a comprehensive plan which includes detailed provision for streets (and, in many cases rail) and all necessary utilities, the park provides serviced sites for a community of industrial and industry-oriented or commercial-oriented uses.

"Infill" means sites that have been bypassed by previous development. Alternatively, these sites may have been developed at one time and the current use is no longer optimal or desirable. Infill projects may vary in size from single-family dwellings and multifamily projects on scattered lots to large mixed use developments covering a city block.

"Infrastructure" denotes the services and facilities which are an integral part of the life of an urban community geared to expanding economic and social life. It includes transport facilities and communications, power, shopping facilities, housing, school, and recreation facilities.

"Institution" means an establishment maintained and operated by a society, corporation, individual, foundation or public agency for the purpose of providing charitable, social, educational or similar services to the public, groups or individuals.

"Irrigation and/or drainage facilities means all irrigation and/or drainage structures, including, but not limited to, standpipes, weir boxes, pipelines, ditches, pump houses, culverts, etc.

"Kennel" means a pack or collection of more than two dogs, kept or bred for hunting, sale, exhibition or domestic use.

"Lot" means a fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width, access and area. The term shall include "tracts" or "parcels."

"Lot area" or "parcel area" means the total horizontal area within the boundary lines of a lot or parcel.

Lot, Corner. "Corner lot" means a lot situated at the intersection of two or more streets, provided the angle of the intersection of the street margins does not exceed one hundred thirty-five degrees. Lots situated on intersections where street margins exceed one hundred thirty-five degrees shall not be considered corner lots.

"Lot depth" means the horizontal length of a straight line drawn from the mid-point of the front lot line to the mid-point of the rear lot line.

Lot, Inside or Interior. "Inside or interior lot" means a lot other than a corner lot.

Lot Line, Front. "Front lot line" means, in the case of an interior lot, the property line separating the lot from the street. In the case of a corner lot, the front line shall be the property line separating the lot from the street on the side having the shortest street frontage.

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

1.

For a triangular lot a line ten feet in length within the lot and farthest removed from the front lot line and at right angles to the line comprising the depth of such lot shall be used as the rear lot line;

2.

In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the recorded rear lot line;

3.

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

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

"Lot of record" means a lot shown on an officially recorded plat or subdivision, or a parcel of land the deed or contract of sale of which is officially recorded, considered as a unit of property, and legally described. "Officially recorded" includes either official recordation with the county auditor or payment of excise tax to the county treasurer, so long as the date of payment is officially stamped on the document and that date is prior to the effective date of the ordinance codified in this title.

"Lot width" means the horizontal distance between the side lot lines measured at right angles to the line comprising the depth of the lot as measured at the rear of the required front setback.

"Manufactured home" means a home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, 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;

2.

Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 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 that meets International Building Code standards.

"Manufactured home park" means a tract of land under single ownership or control upon which six or more manufactured homes occupied as dwellings may be located, regardless of whether or not a charge is made for such an accommodation.

"Mixed use development" means a combination of land uses, including office, commercial, and residential, in a single development. A major purpose of mixed use developments is to allow a balanced mix of offices, commercial and residential uses in close proximity to increase convenience to residents and reduce the number of shopping and/or commuting trips needed.

"Mixed use residential/commercial" means a zoning district that allows both commercial and residential uses, as governed by Chapter 17.21 of this title.

"Mobile home" means a transportable, factory-built home designed and intended to be used as a year-round dwelling which was built before June 15, 1976 and does not meet applicable U.S. Department of Housing and Urban Development manufactured housing standards. Mobile homes are no longer built, and their placement in this community is prohibited. This definition does not include manufactured home, modular home, commercial coach, recreational vehicle or motor home.

"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. This definition does not include a mobile home, manufactured home, commercial coach, recreational vehicle or motor home. The same standards shall apply to modular homes as are applied to manufactured homes. See "manufactured homes."

"Motel" means a group of attached or detached buildings containing individual sleeping or living units where a majority of such units open individually and directly to the outside, and where a garage is attached or a parking space is conveniently located to each unit, all for the temporary use by automobile tourists or transients. Such definition shall also include "auto courts," "tourist court" and "motor lodges."

"Nonconforming lot" means a lot or tract of land 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 this title to it, no longer conforms to lot area or width requirements prescribed in this title for the use district in which it is situated.

"Nonconforming use" means a building, structure or land use 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 this title to it, no longer conforms to the use, setback, maximum lot coverage or other regulations prescribed in this title for the district in which it is situated.

"Occupied" includes the term "designed or intended to be occupied."

"Outdoor advertising" means any structure or portion thereof, recognized as a billboard, used to advertise goods or services not generally available on the premises on which the display is located. Such uses are not allowed in Mabton.

"Planned unit development (PUD)" means a land use control district which overlays a zoning district in which it is located. After a specific development has been approved, a variety of densities, intensities and/or uses may be permitted without the rigidity of traditional land use controls.

"Planning agency" means any person, body or organization designated by the Mabton city council to perform a planning function or portion thereof for the municipality, and includes, without limitation, any commission, committee, department, or board together with its staff member, employees, agents and consultants.

"Planning area" means that self-contained artificial drainage basin generally bounded on the north by the Yakima River, on the east by the city of Grandview or a north-south alignment thereof, on the south by the West Mabton irrigation lateral, and on the west by the lateral and drain to the Yakima River.

"Preschool" for the definition of "preschool," see "day care center."

"Public utilities" means and includes electric substations, gas metering stations, power booster or conversion plants, municipal water and irrigation works, sewage treatment plants and lift stations and related equipment and buildings. It shall not include distribution lines, mains and appurtenant equipment such as transformers, pressure regulation devices, meters and weir boxes which are not regulated by this title.

"Retirement home" means an establishment operated for the purpose of providing domiciliary care for a group of persons who by reason of age are unable or choose not to provide such care for themselves and who are not in need of medical or nursing treatment, except in the case of temporary care. Convalescent or rest homes, hospitals and sanitariums shall not be construed to be included in this definition.

Right-of-way, Public. "Public right-of-way" means every way, lane, road, street, boulevard, alley and every way or place in Mabton open, or subject to being open, as a matter of right to public vehicular traffic.

"Service station" means a facility to supply motor fuel and other petroleum products to motor vehicles, including lubrication, and providing minor repair service and sale of motor vehicle accessories.

"Setback" means the minimum horizontal distance required between the property line and a structure as measured by a perpendicular line extending from the property line to the closest wall line of the structure. In the case of carports, covered porched patios and similar structures, the wall line shall be considered the supporting posts.

"Sign" means any structure, or portion thereof, or device identifying the premises on which located or the occupant(s) thereof, or relating to goods or services manufactured, produced or available on the premises.

"Single room occupancy (SRO) hotels" means usually small, less than two hundred square feet, shares bathroom or kitchen facilities with other units, and is located in the core commercial area.

"Standard industrial classification (SIC)" means developed for use in the classification of establishments by type of activity (i.e., agriculture, forestry, fishing, hunting, and trapping; mining; construction; manufacturing; transportation, communications, electric, gas and sanitary services; wholesale trade; retail trade; finance, insurance, and real estate; personal, business, professional, repair, recreation, and other services; and public administration, as codified in Standard Industrial Classification Manual (Washington, DC: Executive Office of the President, Office of Management and Budget, 1987).

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, then the space between such floor and the ceiling next above it shall be considered a story.

Street. For definition of a "street," see right-of way, public.

"Structural alterations" means any change in the supporting members of a building such as foundations, bearing wall, columns, beams, floor or roof joists, girders or rafters, or changes in the roof or exterior lines if such changes result in any enlargement of the building.

"Structure" means anything constructed or erected which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences less than six feet in height.

"Subdivision/development standards" means and includes such considerations as drainage requirements, dimensions and spacing of storm drains or other storm catchments, street construction standards, minimum street pavement widths and cul-de-sac turning radii, parking standards, sewer pipe sizes and spacing of manholes.

Assisted, low-income or special needs housing may be permitted by the city council through the planned unit development (PUD) process to utilize various types of cost reduction methods in modifying subdivision/development standards, including:

1.

Modification of street requirements on low-volume streets, minimum turning radii of cul-de-sacs, optional curbs and gutters or less expensive rolled curbs, reduced sidewalk widths, or one side of street applications, paths;

2.

The reduction of water and sewer utility requirements including: running the main lines close to the setback line to reduce house connection distance, common trenching for multiple utilities, shared sewer laterals and water service lines;

3.

Grass swales and temporary impoundments may in some cases be used instead of more expensive storm drains and underground systems; or

4.

Parking space size and quantity. However, care is needed in avoiding site development shortcuts which may prove to be more costly in the long run, as most subdivision requirements are used to hold down future maintenance and minimize both public repair and replacement costs.

"Temporary sign" means a sign used to advertise an event or use of a temporary nature and/or duration such as political and other election campaign signs including school levies or legal temporary commercial uses such as properly licensed yard sales.

"Temporary travel trailer" means a travel trailer as defined in this section, placed temporarily for a period not more than six months, subject to review prior to renewal in a public meeting by the planning agency. Permits shall be issued only for the purpose of providing housing adjacent to an existing residence on the lot or parcel of the residence. The temporary trailer shall be exclusively for family members or caretakers of family members who are aged, infirmed or otherwise incapacitated to the extent that they require daily physical care. Temporary trailers may be required to meet all setbacks, lot coverage and height requirements for the principal use in the applicable district.

"Travel trailer park" means an area or tract of land used or designed to accommodate two or more travel trailers on short-term periods of occupancy.

"Travel trailers" means a trailer or other vehicular portable structure designed as a temporary dwelling for travel, recreational or vacation uses to be used upon the public streets and highways and which is thirty-five feet or less in length and eight feet or less in width.

"Urban growth" means that 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 area (UGA)" means those areas designated by Yakima County pursuant to RCW 36.70A.110, or an area within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature.

"Use" means the activity to which land or building is devoted and for which either land or building is or may be occupied or maintained.

"Use district" means a portion of the incorporated territory of Mabton within which certain uses of land and buildings are permitted and certain other uses of land and buildings are prohibited, or within which certain yards and other open spaces are required, or within which certain lot areas are established, or within which a combination of the above regulations are applied; all as set forth and specified in this title.

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

Waste.

1.

"Batch" means any waste that is generated less frequently than once a month.

2.

"Dangerous waste" means any discarded, useless, unwanted or abandoned nonradioactive substances, including but not limited to certain pesticides, or any residues or containers or such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:

a.

Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties; or

b.

Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means.

Refer to WAC 173-303-070 through 173-303-103 for procedures to determine whether or not a waste is a dangerous waste or an extremely hazardous waste.

3.

"Extremely hazardous waste" means any dangerous waste which:

a.

Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form:

i.

Presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic makeup of man or wildlife, and

ii.

Is highly toxic to man or wildlife; or

b.

Is disposed of at a disposal site in such quantities as would present an extreme hazard to man or the environment.

Refer to WAC 173-303-070 through 173-303-103 for procedures to determine whether or not a waste is a dangerous waste or an extremely hazardous waste.

4.

"Hazardous waste" means and includes 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).

5.

"Hazardous waste generator" means any person or site whose act first causes a dangerous waste to become subject to regulation under the State Dangerous Waste Regulations, Chapter 173-303 WAC.

6.

"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.

7.

"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.

8.

"Hazardous waste treatment and storage facilities" means those facilities that require an interim or final status permit from the Washington State Department of Ecology as required under the State Dangerous Waste Regulations, Chapter 173-303 WAC. These regulations state that a storage or treatment permit is required of a generator when one of the following two situations occur:

a.

Over two thousand two hundred pounds of waste per month or per batch is generated and those wastes are accumulated on-site for over ninety days; and

b.

Between two hundred twenty and two thousand two hundred pounds of waste per month or per batch is generated and those wastes are accumulated on-site for over one hundred eighty days.

Examples of hazardous waste treatment and storage facilities include hazardous waste handling through such means as containers (barrels and drums), and aboveground and underground tanks.

Hazardous waste generators who do not accumulate their wastes on-site are not considered to be hazardous waste treatment and storage facilities.

Some facilities are considered state-preempted facilities and as such do not fall within the scope of these regulations. Examples of these facilities are any facility that includes as a significant part of its activities any of the following operations: (1) landfill; (2) incineration; (3) land treatment; (4) surface impoundment; or (5) waste pile.

Distinctions are drawn between on-site and off-site facilities. The distinctions are as follows:

a.

On-site facilities treat and store hazardous wastes generated on the same property.

b.

Off-site facilities treat and store hazardous wastes from generators on properties other than those on which the off-site facilities are located.

9.

"Off-site hazardous waste treatment and storage" means hazardous waste treatment and storage facilities that treat and store waste from generators on properties other than those on which the off-site facility is located.

10.

"On-site hazardous waste treatment and storage" means hazardous waste treatment and storage facilities that treat and store wastes generated on the same property.

11.

"State siting criteria" means criteria for the siting of hazardous waste treatment and storage facilities adopted pursuant to the requirements of RCW 70.105.210.

"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 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, including, but not limited to, irrigation and drainage treatment facilities, farm ponds and landscape amenities. However, wetlands may include those artificial wetlands intentionally created from non-wetland areas created to mitigate conversion of wetlands, if permitted by Yakima County or the city of Mabton.

(Ord. 745 §1, 1993; Ord. 743 §1(part), 1993; Ord. 740 §6, 1993; Ord. 683 §5, 1988; Ord. 635(part), 1984)

(Ord. No. 946, § 1, 11-23-2010)