Newport City Zoning Code

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

means a dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit.

means any establishment wherein any portion of total revenues at or above 20 percent comes from, or a substantial portion of interior business or advertising is devoted to, the sale or rental for any form of consideration of any one or more of the following which depicts or describes sexual activities or anatomical areas represented in a sexual context: books, magazines, periodicals, other printed matter, photographs, films, video cassettes, slides or any other visual representation; nightclubs, bars or similar establishments which feature persons who appear nude or semi-nude; live performances which are characterized by the exposure of sexual activities or anatomical areas; any motel or hotel which offers accommodations to its patrons with closed-circuit television transmissions, videos, films, or other photographic reproductions of sexual activities or anatomical areas, or offers accommodations for a period of time less than 20 hours; any adult motion picture theatre or any model studio wherein persons may appear nude or semi-nude to be drawn, sketched, observed, photographed, painted, or similarly depicted.

means homes providing shelter and 24-hour care for adults.

means a public right-of-way not over 30 feet wide which affords, generally, an accessory means of access not intended for general traffic circulation.

means a building or portion of a building designed for occupancy of three or more families living independently in three or more dwelling units.

means, for regularly shaped signs, the simple area of the sign. For irregularly shaped signs, the area shall be that of the rectangle, triangle, or circle (whichever is smaller), which will wholly contain the sign. The structure supporting a sign shall not be included in determining the area of the sign unless the structure is designed in a way to form an integral background for the display. In the case of a wall mural incorporating commercial wording, the sign area includes only the portion of the mural which contains the wording circumscribed as set forth in this definition.

means an open area used for dismantling or wrecking of motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles for their parts.

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.

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 meets or exceeds any standards, codes, and regulations set forth.

means any level below the ground floor of a building.

means a drawing to a scale specified by local ordinance which identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by the local regulations; contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the city in approving the site plan; and contains provisions making any development be in conformity with the site plan.

means a building or portion of a building other than a hotel where lodging and meals are provided for compensation.

means an establishment where flammable liquids are received by pipeline, tank car or tank vehicle, and are stored or blended in bulk for the purpose of distributing such liquids by pipeline, tank car, tank vehicle or container, to users or distributors.

means the engaging in the purchase, sale, barter, or exchange of goods, wares or merchandise; and the maintenance or operation of offices or recreational amusement enterprises.

means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreational and vacation uses.

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:

means any building or premises in and on which two or more sick, injured, or infirm persons are housed, for a period in excess of 24 consecutive hours and furnished with meals and nursing care for hire.

includes 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; or (e) geologically hazardous areas.

means an area that surrounds and protects a critical area from adverse impacts to the functions and values of the resource.

means a road closed at one end by a circular area of sufficient size for turning vehicles around, and, for purpose of definition, may include the "hammerhead" configuration at the closed end rather than the conventional circular turnaround.

means those solid wastes designated in WAC 173-303-070 through 173-303-103 as dangerous or extremely hazardous waste.

means an agency that regularly provides care for a group of children for periods of less than 24 hours. Separate requirements are adopted for the following subcategories of day care centers:

means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a plat showing the dedication thereon; and the acceptance by the public shall be evidenced by the approval of such plat in the manner provided in this title.

means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

means any conveyance, not otherwise exempt or provided for in this title, which alters or affects the shape, size or legal description of any part of an owner's original tract.

means one or more rooms, designed, occupied or intended for occupancy as a separate living quarter, with cooking, sleeping, and bathroom facilities for use by a family or household.

means a structure containing one dwelling unit.

means a structure containing two dwelling units.

means a structure containing three or more dwelling units.

means a grant by a property owner to specific persons or to the public to use land for a specific purpose or purposes.

means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.

means an individual or group of individuals, not necessarily related by blood, marriage or legal custody, living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.

means 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 city 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.

means the final drawing of the subdivision and dedication prepared for filing for record with the Pend Oreille County auditor and containing all elements and requirements as set forth in this title.

means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation of runoff of surface waters from any source.

means the official map of Newport on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to Newport.

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.

means an accessory building or part of a main building intended primarily for the storage of motor vehicles as an accessory use, and when the storage space does not exceed the following:

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.

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 20 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.

means any liquid, solid, gas, sludge, including any material, substance, product, commodity or waste regardless of quantity, which exhibits any of the characteristics or criteria of hazardous waste (RCW 70A.300.010).

means all dangerous and extremely hazardous waste as defined in RCW 70A.300.010(11), except for moderate-risk waste as set forth in RCW 70A.300.010(13).

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.

means the physical, chemical or biological processing of hazardous waste to make such waste less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume.

means a business conducted within a residence by the occupants thereof, which activity is clearly incidental to the use of said residence as a dwelling and does not change the residential character thereof, is conducted in such a manner as to not give any outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term, and does not infringe upon the right of neighboring residents to enjoy a peaceful occupancy of their homes for which purpose the residential zone was created and primarily intended.

means any institution established for the diagnosis, treatment and care of human ailments, and shall not include convalescent homes, rest homes, or nursing homes.

means a building containing five or more guest rooms for lodging with or without meals for compensation and which contain no cooking facilities for the lodgers but may contain an apartment for the manager. A building in which lodging is provided and offered to the public for compensation and which is open to transient guests.

means a vehicle that is self-propelled or propelled by another vehicle, for use or capable of being used for living and/or sleeping quarters, and not conforming to any schedule operating between fixed termini.

means dogs, cats, rabbits, pigeons, chickens, ducks, mice, hamsters, gerbils, parakeets, canaries, finches and other similar exotic fowl and songbirds, reptiles, amphibians, fish and other similar animals and fowl kept for companionship or for personal enjoyment.

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

means a commercial establishment in which four or more dogs or domesticated animals which are five months old or older are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation.

means horses, bovine animals, sheep, goats, swine, donkeys, mules, and other similar animals.

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

means the percentage of the total lot area covered by structures, including all projections except eaves.

means the horizontal distance between side lot lines measured at the front yard building line.

means a group of more than one, but no more than four, qualified medical marijuana patients and/or designated providers registered with the Washington State Liquor and Cannabis Board who share responsibility for growing and processing marijuana only for the medical use of the members of the cooperative, in accordance with the provisions of RCW Title 69 and WAC Title 314.

means a person licensed by the Washington State Liquor and Cannabis Board to process marijuana into marijuana concentrates, usable marijuana, and marijuana-infused products, package and label marijuana concentrates, usable marijuana, and marijuana-infused products for sale in retail outlets, and sell marijuana concentrates, usable marijuana, and marijuana-infused products at wholesale to marijuana retailers, in accordance with the provisions of RCW Title 69 and WAC Title 314.

means a person licensed by the Washington State Liquor and Cannabis Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers, in accordance with the provisions of RCW Title 69 and WAC Title 314.

means a person licensed by the Washington State Liquor and Cannabis Board to sell marijuana concentrates, usable marijuana, and marijuana-infused products in a retail outlet, in accordance with the provisions of RCW Title 69 and WAC Title 314.

means the combination of uses in a single zone, such as a combination of office, commercial, and residential uses on the same lot or in the same structure.

means a factory-built dwelling fabricated prior to June 15, 1976, to standards other than the Housing and Urban Development (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 the introduction of the HUD Manufactured Home Construction and Safety Standards Act. For floodplain management purposes, the term "mobile home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "mobile home" does not include park trailers, travel trailers, recreational vehicles or other similar vehicles.

means a dwelling unit assembled off site in one or more sections, which complies with all local building codes (for on-site construction) when transported to and mounted on a permanent foundation.

means a group of attached or detached buildings containing individual sleeping units where a majority of such units open individually and directly to the outside and are available to the public for rental.

means a lot of record which was lawfully established, existing and maintained at the effective date of the provisions of this title but which, because of application of this title to it, no longer conforms to the regulations prescribed in this title for the district in which it is located.

means a building, structure, or land use which was lawfully established or existing and maintained at the effective date of the provisions of this title but which, because of the application of this title to it, no longer conforms to the regulations prescribed in this title for the district in which it is located.

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

means that security which may be accepted in lieu of a requirement that certain improvements be made before the city council approves the final plat, including performance bonds, escrow agreements, and other similar collateral or surety agreements.

means a process allowing for flexibility in the grouping, placement, size and use of structures on a fairly large tract of land. A planned development is developed as a single proposal, using a process which incorporates design review and public participation.

means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets, and alleys or other divisions and dedications.

means a neat and accurate drawing of a proposed subdivision or short plat, showing the layout of streets and alleys, lots, blocks, restrictive covenants and similar elements, in accordance with this title, submitted for review by the city. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.

means a final drawing of a subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements of this title and Chapter 58.17 RCW.

means facilities owned by the public or private enterprise and operated for the benefit of the community. This also includes, but is not limited to, schools, libraries, fire stations, water and sewage systems, police stations, cemeteries, refuse disposal and power systems.

"Essential public facility" means a facility, conveyance, or site whose services are provided by a governmental agency, a private or nonprofit organization under contract to or with substantial funding from government agencies, or a private organization subject to public service obligations, which is necessary to adequately provide a public service and which is typically hard to site.

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.

means a vehicle or portable structure built on a chassis and designed to be used for temporary occupancy or travel, recreational or vacation use. Recreational vehicles shall include, but are not limited to, campers, motor homes, camping trailers and travel trailers; tents are excluded. A recreational vehicle shall have a body width of no more than eight feet and a body length of no more than 35 feet when factory equipped for the road.

means a tract or parcel of land upon which two or more recreational vehicle sites are located for occupancy by recreational vehicles as temporary living quarters for recreation or vacation purposes.

means a publicly owned strip of land to be used for public roads, bikeways, sidewalks, public transportation, utilities or similar related public uses.

means a facility used for removing and disposing of wastes from recreational vehicle sewage holding tanks.

means the horizontal distance in feet as measured from a lot line or right-of-way to the nearest vertical wall of a structure.

means the division of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.

means any letters, figures, design, symbol, trademark, or any illuminating device or structure, or any part thereof, intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine, or merchandise whatsoever and painted, printed, or constructed and displayed in any manner whatsoever out-of-doors for recognized advertising purposes. However, this shall not include any official court or public notices nor the flag, emblem, or insignia of the government, school, or religious group when displayed for official purposes. Interior signs, if located on a window or within a distance equal to the greatest dimension of the window and if obviously intended for viewing from the exterior, shall be considered an exterior sign for purposes of this sign code.

means anything constructed or erected which requires location on the ground or is attached to something having location on the ground.

means the division or redivision of land into five or more lots, tracts, parcels, sites, or divisions.

means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

This includes uses of a limited duration that do not involve the construction or occupation of a building, as determined by the city, including, but not limited to, mobile food carts, fireworks stands, Christmas tree lots, sidewalk sales, traveling carnivals or circuses, and seasonal or temporary outdoor retail sales such as nursery sales yards or farmers markets.

includes 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, 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. However, wetlands may include those artificial wetlands intentionally created from non-wetland areas to mitigate conversion of wetlands, if permitted by the city.

means the surface and subsurface area surrounding a well or well field that supplies a public water system through which contaminants are likely to pass and eventually reach the water well or well field, as has been designated pursuant to Chapter 246-290 WAC.