A.

For the purpose of this title certain words and terms 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 used in the plural also include the singular. The word "building" includes "structure," and "structure" includes "building"; and the word "used" or "occupied" include within their meanings "intended," "arranged," or "designed to be used or occupied." The word "person" includes a corporation, partnership or other entity.

B.

Defined Words. The words defined in this chapter shall be applicable to Chapters 17.04 through 17.88 of this title. An asterisk (*) indicates that the defined word is also illustrated graphically in the illustrations, and appendix to this title, which is on file in the office of the city clerk-treasurer.

(Ord. 163 § 2.1, 2.2 (part), 1989)

"Accessory building" or "accessory use" means the use of land or a subordinate building or of a portion of a principal building, such use or building being used secondary to or incidental to the principal use or structure.

(Ord. 163 § 2.2 (part), 1989)

"Adult family home" means the regular family abode of a person or persons who are providing personal care, room and board to more than one but not more than four adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for by law (RCW 70.128.010).

(Ord. 199 § 2 (part), 1992)

(Ord. No. 454, § 2, 2-24-09)

"Alley" means a public or private right-of-way which provides a secondary means of access to a property.

(Ord. 163 § 2.2 (part), 1989)

"Apartment house" means as set out in Section 17.08.125.

(Ord. 163 § 2.2 (part), 1989)

"Basement" means the lowest floor of any building when the main entrance to the building is on the floor above. When a building has its main entrance on the third actual story, it may be said to have a basement and a subbasement.

(Ord. 163 § 2.2 (part), 1989)

"Board" means the city board of zoning adjustment.

(Ord. 163 § 2.2 (part), 1989)

"Boarding house" means a building or portion thereof, other than a hotel or motel, where lodging and/or meals for five or more persons, but not more than twenty persons, are provided for compensation and without individual cooking facilities.

(Ord. 163 § 2.2 (part), 1989)

"Building" means a structure having a roof.

(Ord. 163 § 2.2 (part), 1989)

"Building code" means the Uniform Building Code, as adopted by the city council of the city.

(Ord. 163 § 2.2 (part), 1989)

"Building coverage" means that percentage of the total area of a lot which is covered by the principal and accessory buildings.

(Ord. 163 § 2.2 (part), 1989)

"Building inspector" means the duly appointed building inspector.

(Ord. 163 § 2.2 (part), 1989)

"Building height"* means the vertical distance from the average elevation of the proposed finished grade at the front structure line to the highest point of the building excluding chimneys, antennas, belfries, steeples, water tanks, ventilators, and other generally noninhabitable vertical appurtenances measuring under six feet in any horizontal dimension; provided that no such vertical appurtenance shall be over ten feet in height above the building height.

(Ord. 163 § 2.2 (part), 1989)

"Building line" means as set out in Section 17.08.330.

(Ord. 163 § 2.2 (part), 1989)

"Principal building" means a building in which is conducted the main use of the lot on which the building is located.

(Ord. 163 § 2.2 (part), 1989)

"Carport" means as set out in Section 17.08.140.

(Ord. 163 § 2.2 (part), 1989)

"Chart" means the official zone regulations chart of the city.

(Ord. 163 § 2.2 (part), 1989)

A.

"Child day care" means the provision of supplemental parental care and supervision.

1.

For a non-related child or children;

2.

On a regular basis;

3.

For less than twenty-four hours a day; and

4.

Under license by the Washington State Department of Social and Health Services.

B.

As used in this title, the term is not intended to include babysitting services of a casual, non-recurring nature or in the child's own home. Likewise, the term is not intended to include cooperative, reciprocative child care by a group of parents in their respective homes.

(Ord. 199 § 2 (part), 1992)

(Ord. No. 454, § 2, 2-24-09)

"Child day care center" means a building or structure in which an agency, person, or persons regularly provide care for a group of six or more children for periods of less than twenty-four hours a day. Child day care centers include family day care homes, out-of-home child mini-day care centers, and child day care centers regulated by the Washington State Department of Social and Health Services, as presently defined and hereafter amended (RCW 74.15, WAC 388-73-422).

(Ord. 199 § 2 (part), 1992)

(Ord. No. 454, § 2, 2-24-09)

"Commission" means the city planning commission.

(Ord. 163 § 2.2 (part), 1989)

"Comprehensive plan" means the official city comprehensive plan as adopted by the council.

(Ord. 163 § 2.2 (part), 1989)

"Conditional use" means a use permitted only after special review and approval by the board, and to which special conditions may be attached by the board.

(Ord. 163 § 2.2 (part), 1989)

"Council" means the city council.

(Ord. 163 § 2.2 (part), 1989)

"County" means the county of Lewis.

(Ord. 163 § 2.2 (part), 1989)

"Dwelling" means a building or portion thereof containing one or more residential units.

(Ord. 163 § 2.2 (part), 1989)

"Duplex dwelling" means a building containing two residential units.

(Ord. 163 § 2.2 (part), 1989)

"Multiple-family dwelling" means a building containing three or more residential units.

(Ord. 163 § 2.2 (part), 1989)

"One-family dwelling" means a building containing one residential unit.

(Ord. 163 § 2.2 (part), 1989)

"Essential public facilities" means facilities meeting the requirements of RCW 36.70A.200 such as airports, state education facilities, state and regional transportation facilities, state and local correctional facilities, solid waste handling facilities and inpatient facilities including substance abuse facilities, mental health facilities, group homes and other as determined by the Washington State Office of Financial Management.

(Ord. 264 § 6 (part), 1998)

"Family" means an individual or two or more persons related by blood or marriage, or a group of not more than five persons not related by blood or marriage, living together as a single housekeeping unit and occupying a dwelling unit; provided that occupants of a boarding house shall not be regarded as a family.

(Ord. 163 § 2.2 (part), 1989)

"Private garage" or "private carport" means an accessory building or an accessory portion of the principal building designed and/or used primarily for shelter or storage of automobiles, boats, and/or any other vehicles.

(Ord. 163 § 2.2 (part), 1989)

"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).

(Ord. 165 § 1 (part), 1989; Ord. 163 § 2.2 (part), 1989)

"Hazardous waste storage" means the holding of hazardous waste for a temporary period, as regulated by the state Dangerous Waste Regulations, WAC Chapter 173-303.

(Ord. 165 § 1 (part), 1989; Ord. 163 § 2.2 (part), 1989)

"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, WAC Chapter 173-303.

(Ord. 165 § 1 (part), 1989; Ord. 163 § 2.2 (part), 1989)

"Hazardous waste treatment and storage facility on site" means storage and treatment facilities which treat and store hazardous wastes generated on the same property.

(Ord. 200 § 1, 1992)

"Home occupation" means any lawful profession, craft, or service activity customarily and historically conducted within a dwelling unit by its inhabitants without the involvement of any servant, employee or other person. Such activity is clearly incidental to the use of the building for dwelling purposes and does not include any display of merchandise which can be seen from the exterior of the dwelling unit.

(Ord. 163 § 2.2 (part), 1989)

"Hotel" means as set out in Section 17.08.235.

(Ord. 163 § 2.2 (part), 1989)

"Housing for people with functional disabilities" means housing used, or intended for use, by persons with functional disabilities. The term includes, but is not limited to, adult family homes, residential care facilities, and housing for any supported living arrangement, as herein defined.

(Ord. 199 § 2 (part), 1992)

(Ord. No. 454, § 2, 2-24-09)

"Kennel" means any lot on which three or more dogs or cats, six months or older, are kept for the noncommercial purpose of breeding or for sale or exchange.

(Ord. 163 § 2.2 (part), 1989)

"Off-street loading" means an off-street space or berth which is located on the same lot with a principal building for the parking of a vehicle while loading or unloading merchandise, and which has direct access from a public street or alley.

(Ord. 163 § 2.2 (part), 1989)

"Lot" means a parcel or plat of land shown as an individual unit of ownership on the most recent plat or other record of subdivision.

(Ord. 163 § 2.2 (part), 1989)

"Corner lot"* means a lot situated at the intersection of two streets, or if on a curved street, where the angle of intersection of curve tangents is less than one hundred thirty-five degrees.

(Ord. 163 § 2.2 (part), 1989)

"Lot cover," as used in the text of this title means the percentage of the total area of a lot which is covered by principal and accessory buildings as well as driveways, parking lots and patios.

(Ord. 163 § 2.2 (part), 1989)

"Lot depth"* means the perpendicular distance measured from the midpoint of the front lot line to the rear lot line or, if necessary, to the extension of the rear lot line.

(Ord. 163 § 2.2 (part), 1989)

"Lot frontage"* means the side of a lot adjoining a street right-of-way.

(Ord. 163 § 2.2 (part), 1989)

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

(Ord. 163 § 2.2 (part), 1989)

"Lot lines" means the lines bounding a lot as defined in this chapter.

(Ord. 163 § 2.2 (part), 1989)

"Front lot line"* means a line separating the lot from the street or principal means of access.

(Ord. 163 § 2.2 (part), 1989)

"Rear lot line" means, for an interior lot, a line separating one lot from an alley or another lot on the opposite side of the lot from the front lot line; in the case of an irregular or triangular shaped lot, the rear lot line shall be a straight line ten feet in length that is parallel to and at the maximum distance from the front lot line. In case of a corner lot, the building inspector shall specify which of the lot lines other than the front lot lines shall be considered a rear lot line and which a side lot line.

(Ord. 163 § 2.2 (part), 1989)

"Side lot line" means, for an interior lot, a line separating one lot from abutting lots fronting on the same street. For a corner lot, see the definition of rear lot line.

(Ord. 163 § 2.2 (part), 1989)

"Lot width" means the mean width of the lot measured at right angles to its depth.

(Ord. 163 § 2.2 (part), 1989)

"Map" means the official zoning map of the city.

(Ord. 163 § 2.2 (part), 1989)

"Marijuana" or "marihuana" means all parts of the plant cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

(Ord. No. 537, § 1, 2-10-15)

"Marijuana concentrates" means products consisting wholly or in part of the resin extracted from any part of the plant cannabis and having a THC concentration greater than sixty percent. The term "marijuana concentrates" does not include useable marijuana or marijuana infused products.

(Ord. No. 537, § 1, 2-10-15)

"Marijuana processing" means a business, licensed by the Washington State Liquor Control Board, processing marijuana into useable marijuana and/or marijuana-infused products, and/or packaging and labeling useable marijuana and/or marijuana-infused products for sale in retail outlets, and/or selling useable marijuana and marijuana-infused products at wholesale to marijuana retailers.

(Ord. No. 537, § 1, 2-10-15)

"Marijuana producing" means a business, licensed by the Washington State Liquor Control Board, producing and/or selling marijuana at wholesale to marijuana processors and other marijuana producers.

(Ord. No. 537, § 1, 2-10-15)

"Marijuana-infused products" means products that contain marijuana or marijuana extracts, are intended for human use, and have a THC concentration greater than 0.3 percent and no greater than sixty percent. The term "marijuana-infused products" does not include useable marijuana or marijuana concentrates.

(Ord. No. 537, § 1, 2-10-15)

"Marijuana retailing" or "marijuana retailer" means a business, licensed by the Washington State Liquor Control Board, selling useable marijuana, marijuana concentrates, and/or marijuana-infused products in a retail outlet.

(Ord. No. 537, § 1, 2-10-15)

"Marijuana, useable" (or "useable marijuana") means dried marijuana flowers. The term "marijuana, useable" does not include either marijuana concentrates or marijuana-infused products.

(Ord. No. 537, § 1, 2-10-15)

"Mobile home" means a structure having a combined width of at least twelve feet and length of at least fifty feet; or a structure which has a combined width of at least twenty feet and length of at least twenty-eight feet, either of which is designed and built to comply with the state Department of Labor and Industries, Rules and Regulations for Mobile Homes and Commercial Coaches. A unit which is classified by the department as a factory built house or commercial structure and bears the official state insignia to this effect, shall not be considered a mobile home regardless of manufacturer, but instead shall be treated as a regular residential or commercial structure. Any unit having a combined width less than twelve feet and length less than fifty feet or combined width of less than twenty feet and length less than twenty-eight feet, but classified by the department as a mobile home, shall for the purpose of this title only, be considered a recreational vehicle.

(Ord. 163 § 2.2 (part), 1989)

"Mobile home park" means a residential use in which a tract of land is rented for the placement and use of one or more mobile homes to be occupied as dwelling units.

(Ord. 186 § 1, 1991: Ord. 163 § 2.2 (part), 1989)

"Motel" means an individual building or group of attached or detached buildings containing guest rooms together with conveniently located parking spaces which are designed, used or intended to be used for the accommodation of transients. The term includes auto courts, motor lodges, tourist courts and hotels.

(Ord. 163 § 2.2 (part), 1989)

"Nonconforming uses" means the use of a structure or land, or a structure of a size or location which does not conform to the regulations of the zone in which it is located, but which was lawfully in existence prior to the effective date of the ordinance codified in this title.

(Ord. 163 § 2.2 (part), 1989)

"Nursing home" means a building or part of a building where sick or infirm persons are cared for in a residential setting at prescribed rates.

(Ord. 163 § 2.2 (part), 1989)

"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.

(Ord. 165 § 1 (part), 1989; Ord. 163 § 2.2 (part), 1989)

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

(Ord. 165 § 1 (part), 1989; Ord. 163 § 2.2 (part), 1989)

"Public parking area" means a structure or an open space, other than a public street or alley, designed or used for the temporary parking of vehicles and available for public use, whether free, for compensation, or as an accommodation to customers or clients.

(Ord. 163 § 2.2 (part), 1989)

"Off-street parking space" means a space for temporary parking of a vehicle, located off any public right-of-way, which is adequate in size for parking a vehicle with room to get out on either side of the vehicle, with adequate maneuvering space, and with access to a public right-of-way.

(Ord. 163 § 2.2 (part), 1989)

"People with functional disabilities" means:

A.

A person who, because of a recognized chronic physical of mental condition or disease, is functionally disabled to the extent of:

1.

Needing care, supervision or monitoring to perform activities of daily living or instrumental activities of daily living;

2.

Needing supports to ameliorate or compensate for the effects of the functional disability so as to lead as independent a life as possible;

3.

Having a physical or mental impairment which substantially limits one or more of such person's major life activities; or

4.

Having a record of having such an impairment.

B.

Being regarded as having such an impairment, but such term does not include current, illegal use of or active addiction to a controlled substance.

(Ord. 199 § 2 (part), 1992)

(Ord. No. 454, § 2, 2-24-09)

"Permitted use" means a use which may legally be constructed or developed in the zone in which it is located, subject to regulations specified in this title and other city ordinances.

(Ord. 163 § 2.2 (part), 1989)

"Planned unit development" means a development designed to allow realization of certain requirements of this title where a relatively large area is to be developed in accordance with an approved plan.

(Ord. 163 § 2.2 (part), 1989)

"Profession" means an occupation or calling requiring the practice of an art or science through specialized knowledge and requiring specialized licensing.

(Ord. 163 § 2.2 (part), 1989)

"Prohibited use" means any use of land or a building upon the land in a particular zoning classification that is: 1) listed as a prohibited use for that zoning classification; or 2) is not a use qualifying as a conditional use, either by listing or administrative interpretation, and is not otherwise listed as a permitted use or an accessory use in the particular zoning classification.

(Ord. No. 537, § 1, 2-10-15)

"Recreational vehicle" means a vehicle self-propelled or otherwise designed for temporary sheltering of persons; any such vehicle having a combined body width of less than twelve feet and length of less than fifty feet; or a combined body width of less than twenty feet and length of less than twenty-eight feet respectively. Recreational vehicles include a truck mounted camper or self-propelled travel van, and units classified and commonly referred to as recreational vehicles by the state Department of Labor and Industries if they are smaller than the combined width of twelve feet and length of fifty feet or the combined width of twenty feet and length of twenty-eight feet.

(Ord. 163 § 2.2 (part), 1989)

"Recreation vehicle park" means a residential use in which a tract of land is rented temporarily, for a period of one hundred twenty days or less, for the use of two or more recreational vehicles occupied and used as a dwelling unit.

(Ord. 163 § 2.2 (part), 1989)

"Residential care facility" means a licensed establishment operated with twenty-four hour supervision for the purpose of serving those persons, who by reason of their circumstances require care while living as a single housekeeping unit and/or in a supportive "family" environment. Residential care facilities for the purpose of this title may include group homes, foster homes, congregate car facilities, rest homes, convalescent homes and the like but shall not include correctional facilities. For purpose of this title, residential care facility shall also include facilities providing room, board and counseling services to homeless persons for periods up to forty-five days per family. For purposes of this title, residential care facilities shall also include any facility licensed by the state of Washington that cares for at least three but not more than fifteen people with functional disabilities that has not been licensed as an Adult Family Home pursuant to RCW 70.128.175.

(Ord. 199 § 2 (part), 1992)

(Ord. No. 454, § 2, 2-24-09)

"Residential zone" means any R-1, R-2 or R-3 zone as set forth in Chapters 17.16, 17.20 and 17.24 of this title.

(Ord. 163 § 2.2 (part), 1989)

"Salvage yard" means a place where waste, discarded, or salvaged materials are bought, sold, exchanged, stored, baked, cleaned, packed, disassembled, or handled, including auto wrecking yards, structure wrecking yards, and used lumber yards.

(Ord. 163 § 2.2 (part), 1989)

"Screened" means concealed or cut off from visual access.

(Ord. 163 § 2.2 (part), 1989)

"Setback" means an open space between a structure line and a lot line.

(Ord. 163 § 2.2 (part), 1989)

"Rear setback"* means the space extending across the full width of the lot between the respective structure line and rear lot line.

(Ord. 163 § 2.2 (part), 1989)

"Side setback"* means the space between the side structure line and a side line of a lot, running from the street setback to the rear setback.

(Ord 163 § 2.2 (part), 1989)

"Street setback"* means the space extending across the full width of the lot between the front structure line and the front lot line. See illustration in appendix on file in the office of the city clerk-treasurer.

(Ord. 163 § 2.2 (part), 1989)

"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.

(Ord. 165 § 1 (part), 1989; Ord. 163 § 2.2 (part), 1989)

"Street" or "road" means a public thoroughfare or right-of-way which affords the principal means of access to abutting property.

(Ord. 163 § 2.2 (part), 1989)

"Structure" means anything constructed or erected above or below ground, affixed to the ground, or attached to something fixed to the ground.

(Ord. 163 § 2.2 (part), 1989)

"Structure line"* means the edge or side of a structure nearest a lot line. The line facing the front lot line is the front structure line, the lines facing the side of a lot are the side structure lines, and the line facing the rear of a lot is the rear structure line.

(Ord. 163 § 2.2 (part), 1989)

"Supported living arrangement" means a living unit owned or rented by one or more persons with functional disabilities who receive assistance with activities of daily living, and/or medical care from an individual or agency licensed and/or reimbursed by a public agency to provide such assistance.

(Ord. 199 § 2 (part), 1992)

(Ord. No. 454, § 2, 2-24-09)

"Swimming pool" means and includes either outdoor or indoor private pools, portable or permanently constructed, above or below ground, which are artificially constructed to provide recreational facilities for swimming, bathing, or wading, and which are intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it without payment of any fee.

(Ord. 163 § 2.2 (part), 1989)

"Use" means the purpose for which land or a building is designed, arranged or intended, or for which it is occupied or maintained, let or leased.

(Ord. 163 § 2.2 (part), 1989)

"Variance" means the modification of the regulations of this title by the board, acting in accordance with specified criteria.

(Ord. 163 § 2.2 (part), 1989)

"Vehicle" means any contrivance in or on which persons or things may be carried or conveyed, whether in motion or standing, including mobile homes or recreational vehicles as defined in this chapter whether or not fixed or fitted with wheels or runners.

(Ord. 163 § 2.2 (part), 1989)

"Wading pool" means and includes artificially constructed pools not designated or used for swimming with a maximum area not exceeding one hundred twenty square feet and a maximum water depth not exceeding twelve inches.

(Ord. 163 § 2.2 (part), 1989)

"Zone" means a land use area or district established by the city council for purpose of land use control.

(Ord. 163 § 2.2 (part), 1989)