Omak City Zoning Code

means a private way (road or easement) providing primary access from a public right-of-way to a lot, parcel, tract of land or parking facility on abutting property. Such corridors/driveways shall meet applicable requirements of Chapter 17.32 regarding access corridors.

means a subordinate use, structure, building or portion of a building located on the same parcel of land as the main use or building to which it is accessory. For purposes of this definition, accessory building excludes accessory dwelling units. Accessory buildings, excluding accessory dwelling units, shall contain no habitable dwelling space, nor shall they exceed fifteen feet in height, unless otherwise specifically provided by other provisions of this title. For the purposes of defining accessory buildings, “habitable space” is a space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, sink, shower, or utility spaces and similar areas are not considered habitable spaces. In addition, and for the purposes of accessory buildings, “living” spaces are typically living rooms, hobby rooms, sewing rooms, play rooms, computer rooms, craft rooms, etc.

means the Omak city building official/planner or other person designated by the mayor and approved by the council.

means a nightclub, bar restaurant, or similar commercial establishment that regularly features:

means a residential home of a person or persons who are providing personal care, special care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services (RCW 70.128.010).

is a hotel, motel, or similar commercial establishment:

means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction of specified sexual activities, or specified anatomical areas.

means a place to which the public is permitted or invited in which coinoperated, slug-operated, or electronically, electrically, mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image producing devices are maintained to show images to one person per machine at any one time, and where the images so displayed are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas.

means a full-time or temporary residential use providing supervised housing for a group of persons over eighteen years of age; and where required is licensed by the state to provide such services to adult persons; and provides supportive services. Supportive services include meal service, cleaning service, health services, counseling, vocational training, or similar. This facility may include facilities which persons are assigned to pursuant to a criminal conviction or those where residents, individually or by their legal guardian, are not free to terminate their residency at will.

means any premises in which ten percent of the “stock in trade” (as defined herein) consists of merchandise distinguished or characterized by the depiction of, description, simulation, or relation to “specified sexual activities” or “specified anatomical areas.” The term “merchandise,” as used above, includes but is not limited to the following: books, magazines, posters, cards, pictures, periodicals, or other printed matter; prerecorded video tapes, discs, film, or other such medium, instruments, devices, equipment, paraphernalia or other such products.

means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or seminudity or live performances that are characterized by the depiction of specified sexual activities, or specified anatomical areas.

means any board, fence, vehicle, structure or other object whose primary purpose is that of advertising. These include, but are not limited to, signs, billboards, lights, balloons, flags, and audible messages (except for signs identifying the occupant or premises in residential district). See also: Section 18.16.110, Signs.

means the tilling of the soil, the raising of crops, horticulture, gardening, keeping or raising of domestic farm animals for commercial purposes, and any agricultural industry or business such as dairies, nurseries, greenhouses, or similar uses.

means a structure designed and constructed to store farm implements or hay, grain, domestic farm animals, fruit, and other agricultural products for commercial operations. The structure shall not be used for human habitation.

means a use primarily engaged in the retail sale of fresh agricultural products, grown either on- or off-site, but may include as incidental and accessory to the principal use, the sale of factory sealed or prepackaged food products and some limited nonfood items. This definition does include the sale of livestock (i.e., livestock market).

means specifically:

means the Omak Municipal Airport.

means one thousand three hundred one feet above mean sea level. This elevation is used as the primary datum for measuring allowable height limitations for obstructions.

means any structure, tree, mobile object or large animal, or congregation of birds moving through or located at the airport or its vicinity, or use of land that obstructs the air space required for the flight of aircraft landing or taking off, or is otherwise hazardous to such landing or taking off of aircraft.

means that person empowered by the city of Omak to oversee the operations of the airport and to assure that such use is conducted in a manner that will protect public safety and promote the public interest.

means the city of Omak zoning commission as described in RCW 14.12.020(2).

means a narrow street, dedicated to public use as a secondary means of access, used primarily for vehicular access or utility installation to the rear or side of properties otherwise abutting on another street.

means an antenna and tower that transmits noncommercial communication signals and is licensed as an amateur radio tower by the Federal Communications Commission. Guy wires for amateur radio towers are considered part of the structure for the purposes of meeting development standards.

means a change in the wording, content, or substance of this title, or change in the district boundaries on the official zoning map.

means a facility used for veterinary care of sick or injured animals primarily within the confines of the principal structures. The boarding of animals is limited to short-term care, and is accessory to the principal use. This definition does not include kennels.

means public auctions for animals or livestock conducted as a commercial enterprise, including accessory uses such as barns and stables therefor.

means a building or structure (including external fenced cages or yards) for the care of lost, abandoned, homeless or injured animals, whether domestic or wild.

means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals.

means a request by application for review of a decision, determination, order or interpretation, by the administrator or city council of any provision of this title.

means a person submitting an application for any permit or approval required by this title and who is the owner of the subject property or the authorized agent of the owner.

means the application form, together with all the accompanying documents and exhibits required by this title or the responsible official, and all appropriate fees having been reviewed and accepted as complete by the appropriate responsible official or his/her design (including SEPA checklist and fee therefor if required).

means surfaces longitudinally centered on the extended runway centerline, extending outward and upward from each end of the primary surface at a slope of 34:1 (thirty-four feet horizontally for each foot upward). The width of this surface is five hundred feet at the primary surface and three thousand five hundred feet at the outer edge.

means a type of licensed boarding home operating in accordance with an assisted living services contract with the Department of Social and Health Services, offering a package of services including personal care and limited nursing. Such facilities may include housing for the resident in a private apartment-like unit.

means, in the case of dwellings, two or more dwellings connected by a common vertical wall(s), or other common construction, or in the case of multi-story buildings by common ceiling/floor(s).

means land-based motor vehicles, including but not inclusive to cars, small trucks, and vans.

means a place used for the display, sale or rental of new or used automobiles, trucks, manufactured and mobile homes, travel trailers, and campers and/or motor homes.

means the dismantling or wrecking of motor vehicles or trailers, or storage, sale, sorting, cleaning, crushing or baling or disposal of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

means those services, electrical and mechanical, necessary to maintain family-type vehicles (i.e., recreational vehicles, cars, pickups) in an operating condition. This shall not include work on farm equipment.

means that portion of a building located below the principal floor, often below ground level.

means an owner occupied single unit dwelling in which not more than four bedrooms for not more than ten guests total are rented for money or other valuable consideration to the traveling public. Only one meal, breakfast, may be served at a bed and breakfast.

means the production, processing, and/or packaging of soft drinks, beer, wine, fruit juices and other drinks.

means a shop or business offering the service of iron forging, horseshoe making, and the sale of the products of such service or skill.

means any home or other institution, however named, which is advertised, announced, or maintained for the express or implied purpose of providing housing, basic services, and assuming general responsibility for the safety and wellbeing of the residents, and may also provide domiciliary care, consistent with this chapter, to seven or more residents after July 1, 2000. However, a boarding home that is licensed for three to six residents prior to or on July 1, 2000, may maintain its boarding home license as long as it is continually licensed as a boarding home.

does not include facilities certified as group training homes pursuant to RCW 71A.22.040, nor any home, institution or section thereof which is otherwise licensed and regulated under the provisions of state law providing specifically for the licensing and regulation of such home, institution or section thereof. Nor shall it include any independent senior housing, independent living units in continuing care retirement communities, or other similar living situations including those subsidized by the Department of Housing and Urban Development.

may also include persons associated with the boarding home to carry out its duties under this chapter. (Chapter 18.20 RCW; WAC 388-78A-020).

previously was a reference to the board of adjustment and now shall mean the land use hearing examiner or hearing examiner identified in Title 2 of this code.

means a residential-type building, or portion thereof, other than a hotel or motel, where for compensation lodging, with or without meals, is provided for no more than ten persons on a permanent or semipermanent basis. Members of the owner-occupant or tenant-occupant family are excluded from the conditions above.

means a shop or business offering for retail sale, books, magazines, stationery, office and related paper or literary items or supplies. Uses that would otherwise meet the definition of “adult retail establishment” shall not be interpreted to be “book, stationery, office supplies.”

means an establishment engaged in transmitting oral and/or visual programs, and which consists of a studio, transmitter, and antennas.

means a strip of land established to protect one type of land use from another with which it is incompatible.

means a lot upon which the city of Omak will issue a building permit in accordance with zoning and other applicable regulations.

means that which is built or constructed, to include but not limited to human or animal occupancy storage or use requiring assembly (excluding fences six feet and less in height) per the Uniform Building Code.

means the three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks and building coverage regulations.

means the International Building Code and related codes as amended and adopted by the city of Omak.

means that portion of a lot covered by structures and impervious surfaces expressed as a percentage of the total lot area.

means the vertical distance measured from grade (Section 18.08.203) to the highest point of the building.

means the line established by the title to govern the placement of a building with respect to the front lot line through the setback requirements of a minimum front yard; a building line is ordinarily parallel to the front lot line at a distance in accordance with the setback requirement. For front lots contained in an official subdivision plat recorded before the effective date of this title, the building line may be taken as shown on the plat.

means that person or persons designated by the mayor and approved by the city council to enforce the provisions of the building code and related codes, and administer the assigned provisions of this title. For the purposes of this title, building inspector means building and enforcement official.

means an area bounded by the outer lines of the runway protection zones (RPZs) and two lines running parallel to, and on the either side of, the runway centerline at a distance of seven hundred forty-five feet therefrom.

means a building or structure where ticket sales and accessory uses such as snack bars or small restaurants are permitted (excluding maintenance or repair facilities).

means a custom retail meat curing operation. This definition does not include slaughtering but does include other accessory uses such as frozen food lockers when operated in conjunction with a retail meat cutting business.

means a development providing overnight facilities for outdoor recreational activities, including structural improvements which may include covered cooking areas, group facilities, self-contained travel trailer/motor home sites, tent sites, recreation facilities, restroom and shower facilities, and laundry facilities for the convenience of temporary occupants. This definition includes camping clubs when developed in accordance with applicable state laws and this title.

means staying in a tent or sleeping on the ground or RV without sanitary facilities on publicly owned land and/or right-of-way, or on private property, for a period of greater than seven days outside of an approved campground as defined in Section 18.08.097 or on property. Occupancy of RVs must comply with the provisions of Section 18.16.118.

means any structure requiring the installation of special equipment and plumbing, which is used or intended to be used primarily for the washing of motor vehicles.

means a change from one use listed in Chart 1.0, District Use Chart in Section 18.11.050 to another use listed or unlisted in that chart.

means a facility licensed to provide direct care, supervision and early learning opportunities for twelve or fewer children in the home of the licensee where the licensee resides and is the primary provider.

means a person who provides direct care, supervision, behavior management, and early learning opportunities for twelve or fewer children in their family home living quarters for periods of less than twenty-four hours (WAC 170-296-0020 and 388-296-0020).

means a day-care facility for the care of twelve or fewer children in a place other than the family abode of the person or persons under whose direct care and supervision the children are placed, or the care of more than six but fewer than thirteen children in the family abode of such person or persons.

means an agency which provides child day care outside the abode of the licensee or for thirteen or more children in the abode of the licensee. Such facilities are licensed by the department of social and health services under Chapter 74.15 RCW and Chapter 388-150 WAC (WAC 212-12-005).

means a structure, or group of structures, which by design and construction are primarily used for religious services and/or instruction.

is the attorney appointed by the mayor to serve as the city’s official legal counsel.

is the legislative authority of the city of Omak as defined in Chapter 35.23 RCW as it now exists or is hereafter amended.

means a structure for the medical examination and treatment of human patients, but without provision for keeping such patients overnight on the premises.

means qualifying patients sharing responsibility for acquiring and supplying the resources required to produce and process cannabis for medical uses such as, for example, a location for a collective garden; equipment, supplies and labor necessary to plant, grow and harvest cannabis plants, seeds and cuttings; and equipment, supplies and labor necessary for proper construction, plumbing, wiring and ventilation of a garden of cannabis plants (RCW 69.51A.085(2)).

means a lot, yard or structure for the fee parking of automobiles by the public, operated as a commercial business and not by the city.

means land and/or buildings which are used for recreation activities by the general public which normally operates for monetary gain.

means the planning commission of the city of Omak as identified in Title 2 of this code.

means structures for civil, public and club meetings or gatherings, with or without accessory kitchens and dining facilities not operated as regular commercial enterprises.

means the congruent arrangement of land uses and/or project elements to avoid, mitigate, or minimize (to the greatest extent reasonable) conflicts.

means the current comprehensive plan of the city of Omak, adopted by the city council pursuant to state law.

means restrictions or requirements, imposed by a reviewing official or body pursuant to authority granted by this title.

means a multi-unit dwelling in which the individual dwelling units are owned by the occupant or renter.

means a multi-unit dwelling in which the individual dwelling units are owned or intended to be owned by several or more owners, with each owner having right to said dwelling unit for a specific period(s) of time during each calendar year.

means a licensed boarding home or a licensed private establishment which has entered into a congregate care contract with the Department of Social and Health Services (WAC 365-120-030).

means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 (twenty feet outward for each foot upward) for a horizontal distance of four thousand feet.

means an establishment providing nursing, dietary and other personal services to convalescents, invalids, developmentally disabled, or aged persons, but not cases with contagious or communicable diseases which are customarily treated in sanitariums and hospitals.

means an enterprise or organization owned by and operated for the benefit of those using its services.

means Okanogan County, Washington.

means a short street having one end open to traffic and being permanently terminated by a vehicle turn-around by either a circular or hammerhead form. Note: a temporary cul-de-sac may be similar in appearance but have a tract of land through which the roadway may eventually be extended.

means calendar day unless specified as a working day.

means all normal business days and hours that the city hall of the city of Omak would normally be open for business excluding recognized holidays.

means to convey ownership of property, or a specific property right, via a written instrument, to a public agency/entity for a specific use or purpose, e.g., roads, parks or trails; or to set aside, designate or reserve an area for a specific use or purpose.

means retail food stores selling ready to eat food products such as cooked meats, prepared salads or other specialty food items which may be prepared on the premises. This definition includes seafood, health food and other specialty food items.

means the permissible number of dwelling units per acre.

mean those design standards outlined in this title, the Omak subdivision ordinance, the Omak shoreline master program and any other ordinances contained in the Omak Municipal Code.

means written authorization for development or modification of development as defined in this title.

means any transaction or action, not otherwise exempt or provided for under the provisions of this title, which alters or affects the shape, size or legal description of any part of an owner’s parent parcel. Sale of a condominium apartment and rental or lease of a building, facility or structure which does not alter or affect the legal description of an owner’s land shall not constitute a division of land.

means animals domesticated by humans to live in a tame condition or fenced yard. This definition includes, but is not limited to, dairy cows, beef cattle, horses, ponies, mules, llamas, goats, sheep, rabbits, poultry, and swine.

means the legal method of ingress and egress (access) to a lot, parcel or tract of land for vehicular traffic. For the purpose of this title, this definition also includes the required traveled way to or through a parking lot or facility and that area located between one or two rows of designated parking stalls.

means a structure where the primary business is the filling of medical prescriptions and the retail sale of drugs, medical devices and supplies, and nonprescription medicines, but where nonmedical products are sold as well.

means a building containing three or more independent dwelling units.

means a detached building containing one dwelling unit. Single-unit dwellings are further classified by their nature of construction as follows:

means two independent dwelling units connected by a common vertical wall or, in the case of multi-story building, by common ceiling and floor; all in a single structure.

means an independent living unit within a dwelling structure designed and intended for occupancy by not more than one family and having its own housekeeping and kitchen facilities; hotel, motel, room and boarding units which are used primarily for transient tenancy shall not be considered as dwelling units.

means a small separate living unit accompanying the residence or business, or dwelling permitted on a lot of minimum size or larger for the purpose of housing guests, friends, and relatives and having its own living area, kitchen and toilet and bathing facilities. The total floor area of such a unit shall not exceed fifty percent of the total area of the main residence or dwelling and shall be in the second story or above in a commercial structure. Neither the primary residence nor accessory use shall be a recreational vehicle.

means sand, gravel, rock, aggregate and/or soil.

means a grant by a property owner to specific persons, entity, corporation or to the public to use a designated portion of land for a specific purpose or purposes. Easements are only partial grants of authority over the subject property, the exact relationship of the easement right to the landowner’s right is normally explained by the terms of the easement.

means the procedures and requirements established by the State Environmental Policy Act Chapter 43.21C and the city of Omak SEPA Ordinance No. 942 as it now exists or is hereafter amended.

means and includes those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facilities, and in-patient facilities, including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020. Such facilities also include emergency services operations, including public safety buildings (fire and law enforcement), wildland fire bases and EMS operations.

means a licensed facility to provide direct care, supervision, behavior management, and early learning opportunities for twelve or fewer children, in the home of the licensee where the licensee resides and is the primary provider, within a birth through eleven years of age range exclusively, for periods less than twenty-four hours, as defined in WAC 388-155-010 and 388-296-0200 as existing or hereafter amended.

means an establishment providing food service where items are ordered and picked up at a drive in window or a central service area.

means an individual or two or more persons related by blood, marriage, registered domestic partnership, adoption or legal guardianship, living together in a dwelling unit; or a group of not more than five unrelated persons living together in a dwelling unit. Persons with functional disabilities, as defined in this title, shall be considered the same as related individuals.

means the U.S. Department of Transportation, Federal Aviation Administration.

means a fence constructed of solid wood, metal, concrete or other appropriate material that entirely conceals the subject use from adjoining uses.

is an arrangement of wood, metal, wire, mesh, other materials, landscaping, or hedge running around, along, or by the side of any open area to prevent or restrict passage in and out or to create a visual buffer. Fencing shall comply with the height restrictions for front and side yards in Section 18.16.027.

is a conclusion of fact reached by the reviewing official, commission or council in a review process and based on the evidence available therein.

is synonymous with one hundred-year floodplain and means that land area susceptible to being inundated by stream derived waters with a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon the city’s flood ordinance regulation maps.

is the area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and openings in the floor. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.

is direct or reflected harsh, bright light.

means a parcel or tract of land that is improved for the purpose of playing golf, e.g., greens, tees or fairways, shelters, clubhouse and maintenance buildings.

is the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building (per International Building Code).

means the total area of a parcel or building.

means the total square footage of all floors in a structure as measured from the interior surface of each exterior wall of the structure.

means the water beneath the earth’s surface between saturated soil and rock that supplies wells and springs.

means a place for dependent or predelinquent children which provides special care in a homelike environment. This definition does not include homes of this nature for three or fewer persons (excluding house parents and/or supervisors).

means a linear open space established along either a natural corridor, such as a riverfront, stream valley, or ridgeline, overland along a railroad right-of-way shared or converted to recreational use, a canal, a scenic road, the edge of urban areas, or other route.

means the sum of all environmental factors of a specific place necessary for the support or sustenance, on a permanent or temporary basis, of an organism, species, population or community.

means a home for juvenile delinquents and adult offenders leaving correctional and/or mental institutions; or leaving a rehabilitation center for alcohol and/or drug users; which provides residentially oriented facilities for the rehabilitation or social adjustment of persons who need supervision or assistance in becoming socially reoriented but who do not need institutional care.

means those substances identified by the department as hazardous house-hold substances in the guidelines developed under RCW 70.105.220.

means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as described in rules adopted under this chapter (RCW 70.105.010).

means and includes all dangerous materials, liquids, solids, or gases that are dangerous to human health and the environment, including substances composed of both radioactive and hazardous components.

means any person, by site, whose act or process produces dangerous waste or whose act first causes a dangerous waste to become subject to regulation under the Dangerous Waste Regulation, Chapter 173-303 WAC (WAC 173-303-040).

means the use, storage, manufacture, production, or other land use activity involving hazardous substances, excluding individually packaged household consumer products or small quantities of hazardous substances less than five gallons of volume per container.

means the holding of dangerous waste for a temporary period. Accumulation of dangerous waste by a generator (see definition) on the site of generation is not storage providing the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201.

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

means a facility that requires an interim or final status permit from the State Department of Ecology under the Dangerous Waste Regulations, Chapter 173-303 WAC. Treatment and storage facilities include hazardous waste handling through such means as containers (barrels, drums), above and underground tanks, and waste piles and surface impoundments that will be cleaned up and not closed as landfills. Hazardous waste generators that do not accumulate their wastes on-site are not treatment and storage facilities, nor are hazardous waste incinerators and land disposal facilities which are state preempted facilities (RCW 70.105.240). There are two types of such facilities:

for the purposes of determining height limits in all zones set forth in Chapter 18.38 of this title, the datum shall be mean sea level (MSL) elevation unless otherwise specified.

means a designated touchdown spot for short-term occasional use by helicopters.

means all helicopter landing sites except for helipads, and a site for one, privately owned, noncommercial helicopter. The heliport may include maintenance, refueling, repairs or storage facilities.

means the protection, rehabilitation, and restorations of districts, sites, buildings, structures and artifacts of local, regional, state or national significance in history, architecture, archaeology, or culture.

means the accessory use of a dwelling unit or appurtenant structure by a residing homeowner/operator for gainful employment. Uses allowed include the manufacture and provision of goods and/or services. Home businesses and home occupations must meet the standards and restrictions in Section 18.16.030.

means a community association, other than a condominium association, in which individual owners share ownership or maintenance responsibilities for open space or facilities.

means an oval-shaped horizontal plane suspended at one thousand four hundred fifty-one feet MSL (one hundred fifty feet above the airport elevation of one thousand three hundred one feet MSL), the perimeter of which is established by swinging arcs of ten thousand feet from the center of each end of the primary surface and connecting the adjacent arcs by drawing lines tangent to those arcs.

means an institution providing clinical, temporary, and emergency services of a medical or surgical nature to human patients which is licensed by state law to provide facilities and services for surgery, obstetrics, and general medical practice as distinguished from clinical treatment of mental and nervous disorders.

means a building in which lodging is provided for guests for compensation and in which no provision is made for cooking in the room.

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.

means the science dealing with the properties, distribution and circulation of water and snow.

means any surface or surface applied material which reduces or prevents absorption of storm water into the ground. Impervious surfaces may include roofed structures, asphalt, and concrete.

means any lot, parcel, tract of land, building, structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of waste paper, rags, scrap metal, vehicular parts, glass, used building materials, household appliances, or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor or recreational vehicles or any other type of junk. This definition shall not include recycling drop off stations.

means any premises or building in which four or more dogs, more than one year old, are housed, kept, groomed, bred, boarded, trained, or sold.

means a legally created lot, tract, parcel, site or division which is shown on an officially recorded plat or short plat, or is specifically described as a separate unit of property on a deed executed prior to (date of the adoption of this ordinance), or constitutes a prior division of land as defined in Section 17.08.125.

means the method or manner in which land and structures are occupied or utilized.

means the hearing examiner identified and appointed in Title 2 of this code to perform the duties previously performed by the board of adjustment, which board is referred to in this code as “board of adjustment” or “board.”

means any site, building, structure, or natural feature that has visual, historic or cultural significance; or a permanent marker designating property boundaries.

means an area developed and maintained with plantings, lawn, ground cover, gardens, trees, shrubs, other plant materials, decorative outdoor elements, pools, fountains, water features, paved or decorated masonry surfaces (excluding parking, loading, or storage areas), driveways only when decorated and used regularly as an outdoor living space, and sculptural elements.

means the city council of the city of Omak, Washington.

means space on the same lot with a structure or use, or contiguous to a group of structures or uses, for the temporary parking of a vehicle while loading or unloading persons, merchandise, or materials, and which abuts a street, alley or other appropriate means of access and egress.

means a division of land having defined boundaries and shown on a final plat or short plat officially recorded in the Okanogan County auditor’s office; or, which is a legally recognized prior division or parcel under the provisions of the city of Omak’s subdivision ordinance or short plat ordinance.

means the total horizontal area (in square footage) within the boundary lines of a lot.

means a lot abutting on two intersecting streets other than an alley or upon two parts of the same street forming an interior angle of less than one hundred thirty-five degrees.

means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line.

means the property line bounding a lot.

means, in the case of an interior lot, the lot line separating the lot from the street other than an alley, and in the case of a corner lot, the lot line separating the lot from the street other than an alley on that side of the lot providing primary access to the lot.

means the property line which is opposite and most distant from the front line. In the case of trapezoidal or nonrectangular lots, the rear lot line is that line with the greatest portion furthest from the front lot line. Should this line be less than ten linear feet or should the lot be triangular or pentagonal, then a new rear lot line measuring exactly ten linear feet between adjacent lot lines shall be located perpendicular to an imaginary line drawn from the midpoint of the front lot line to a point on the lot lines furthest from the point of beginning of the imaginary line.

means any lot line other than a front or rear lot line.

means an interior lot having frontage on two streets.

means land designated as a separate and distinct parcel in a legally recorded subdivision plat, or in a legally recorded deed filed in the records of the county.

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

means a dwelling unit constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes. All manufactured homes shall bear the appropriate insignia by a state or federal regulatory agency indicating compliance with all applicable construction standards of the U.S. Department of Housing and Urban Development for manufactured homes as adopted by the Washington State Department of Labor and Industries or the Uniform Building Code as adopted by the city of Omak.

means a map that graphically illustrates variations in land elevations.

means any person, entity, site, location, facility, business, cooperative, collective, whether for profit or not-for-profit, that distributes, sells, dispenses, transmits, packages, measures, labels, selects, processes, delivers, exchanges or gives away cannabis for medicinal or other purposes.

means a combination retail, wholesale and manufacturing business that brews and serves beer, wine or other distilled spirits and/or food on the premises. Microbreweries shall have a production capacity not to exceed fifteen thousand U.S. barrels per year.

means a use which combines retail food sales with fast foods or take out food service—may or may not include retail motor fuel sales.

means a building(s) or site used for temporary indoor or outdoor storage (excludes the storage of hazardous materials and hazardous waste).

means the act of extraction from the earth of minerals and/or ores (including sand and gravel) via open pit, shaft, leaching or hydraulic methods.

means the use of land or a structure for two or more different uses.

means a transportable dwelling unit manufactured after January 1, 1968 and before June 15, 1976, and bearing an insignia of the Washington State Department of Labor and Industries. All mobile homes without such insignia are nonconforming structures. Mobile homes are generally not permitted within the city of Omak (18.11.030(B)).

means any plot of ground upon which two or more mobile or designated manufactured or manufactured homes are lawfully occupied as dwellings, regardless of whether a charge is made for such accommodation.

means the preparation of additional sites for mobile or manufactured homes (including the installation of utilities, final site grading, the pouring of concrete pads, and the construction of streets).

means peddlers, transient business operators, casual or isolated sale, or hawkers as defined in Section 4.24.020, as it now exists or is hereinafter amended.

means any change or alteration in the occupancy, arrangement, placement or construction of any existing use, structure or associated site improvement, and any change or alteration of land.

means a structure constructed in a factory in accordance with the adopted building code and bearing the appropriate insignia indicating such compliance. This definition includes prefabricated, panelized, and factory-built units.

means a building or group of buildings on one parcel or tract of land containing guest units with separate entrances and consisting of individual sleeping quarters, detached or in connected rows, with or without cooking facilities, for rental to transients.

means two or more single-family dwellings located on a single lot; or one or more duplexes, triplexes or multifamily dwellings located on a single lot; or any combination of two or more of the above located on a single lot.

means a single structure housing more than one retail business, office, residential or commercial venture.

means buildings for the display, exhibits, sale and/or public viewing of art work, artifacts, natural or human history or similar exhibition.

means buildings and/or exterior display for public viewing of natural or human historical artifacts, or exhibitions, operated by a licensed, registered not-for-profit organization.

means a manufacturing business that brews beer in batches of three barrels or less on premises and sells canned, bottled or kegged beer off the premises.

means an area which is recognized as a distinct entity by virtue of certain factors, such as: definite boundaries, natural or manmade; history; architecture; facilities which attract people within a certain radius; or a shared sense of identity or social cohesion.

means tourist accommodation in single-family dwellings, accessory dwellings, recreational homes or cabins, or part-time residential homes on less than a monthly basis.

means a lot, the area and dimension of which was lawful prior to adoption or amendment of this title, but which fails to conform to the present requirements of the zoning district in which it is located.

means a structure or building or portion thereof which was lawfully erected or altered and maintained, but because of the application of this title no longer conforms to the density provision or other regulations of the zone classification in which it is located.

means an activity in a building or on a tract of land that was lawfully established, but because of the application of this title no longer conforms to the regulations pertaining to uses and activities of the use district in which it is located.

means a surface extending out-ward and upward from the runway edges at a slope of 100:1 (one hundred feet horizontally for each foot vertically) for a horizontal distance of twenty thousand feet in all directions.

means any use, activity or structure that interferes with the enjoyment and use of one’s property by endangering personal health or safety, offending the human senses and/or failing to conform with the provisions, intent, or standards of the district in which the use, activity or structure occurs.

means facilities used for the propagation and sale of agricultural or ornamental plants and related products.

means any home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in excess of twenty-four consecutive hours for three or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity are unable properly to care for themselves. Convalescent and chronic care may include but not be limited to any or all procedures commonly employed in waiting on the sick, such as administration of medicines, preparation of special diets, giving of bedside nursing care, application of dressings and bandages, and carrying out of treatment prescribed by a duly licensed practitioner of the healing arts. It may also include care of mentally incompetent persons. It may also include community-based care. Nothing in this definition shall be construed to include general hospitals or other places which provide care and treatment for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both. Nothing in this definition shall be construed to include any boarding home, guest home, hotel or related institution which is held forth to the public as providing, and which is operated to give, only board, room and laundry to persons not in need of medical or nursing treatment or supervision except in the case of temporary acute illness. The mere designation by the operator of any place or institution as a hospital, sanitarium, or any other similar name, which does not provide care for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both, shall not exclude such place or institution from the provisions of this chapter; provided, that any nursing home providing psychiatric treatment shall, with respect to patients receiving such treatment, comply with the provisions of RCW 71.12.560 and 71.12.570.

means any matter:

means the purpose for which a structure, portion of a structure, or lot is used or intended to be used. For the purposes of this title, a change of occupancy is not intended to include a change of tenants or proprietors, but is intended to indicate a change in the type of use.

means a rectangular shaped area of property centered on the extended runway centerline. The inner portion of this area begins at the edge of the runway and extends for two hundred feet outward having a width of five hundred feet; the area between the runway and the edge of the primary surface. One such area is located on each end of the runway.

means a facility where the primary activity is of a business nature or professional service nature (doctor, lawyer, real estate and financial offices and uses providing health education and social services, etc.). The primary activity cannot be retail in nature, where products are stocked and sold on the premises.

means any structure, tree, or other object, including a mobile object, which exceeds a limiting height set forth in Chapter 18.38 of this title.

means the provision of storage, parking or related services on properties other than those on which the primary use facilities are located.

means parking space(s) provided beyond the right-of-way of a highway, street or alley.

means the provision of storage, parking or related services on the properties on which the primary use facilities are located.

means any parcel, tract of land or water feature that is:

means nonpermitted structures, vehicles, or trailers, located on private property, conducting retail sales or offering goods and/or services to the public for a fee or donation, and operated as a temporary use (limited to one hundred eighty days).

means the rental or use of a single-unit home or other dwelling unit, including time share condominiums and dwelling units in a duplex or multi-unit building, for transient or tourist use on a nightly, weekly or other basis less than month-to-month rentals. This does not include approved tourist accommodations such as hotels, inns, etc.

means a paved, graveled or improved space in a mobile home or recreational vehicle (RV) park for the purpose of installing a mobile home or parking a recreational vehicle and such an area usually contains utility connections.

means those lots, parcels or tracts of land that existed at the time of adoption of the ordinance codified in this title with separate deeds and/or all lawfully established lots, parcels or tracts since that time. It is from said “parent parcel” that all subsequent lots, parcels or tracts are created.

means a public or privately owned area with facilities or areas for outdoor recreation by the public.

means the angle formed by a parking stall and the edge of a parking bay, wall or driveway of the parking facility, ranging from zero to ninety degrees.

means the section of a parking facility containing a driveway and containing one or two rows of parking stalls.

means a land area or structure that is devoted exclusively to the temporary parking or storage of motor vehicles for which a fee may or may not be charged, and where no service or repairs of any kind are furnished.

means an off-street area that is developed maintained and used for the temporary storage of one motor vehicle.

means a vehicular unit manufactured in accordance with state requirements for park trailers, and bearing the appropriate insignia of the Washington State Department of Labor and Industries.

means the applicant and any other person who has submitted written comment on any action or proposed action, or who has appeared at a public hearing or public meeting and signed an official register requesting notice of further action.

means a cleared way for pedestrian, bicycle and/or pedestrian transportation and which may or may not be paved.

means:

means written government approval issued by an authorized official or body empowering the holder thereof to take some action permitted only upon issuance of written approval.

means a manufacturing business that brews beer on premises and sells canned, bottled or kegged beer off the premises. Picobreweries shall have a production capacity less than one hundred U.S. barrels per year.

means development for which a permit has been issued as specified by this title and which is developed according to a single site plan and/or plat and written program that may contain one or more clusters of structures with appurtenant common areas.

means the duly constituted and appointed city of Omak planning commission.

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 surface longitudinally centered on the runway having a width of five hundred feet and a length of five thousand four hundred feet.

means the conferral of certain rights, prior to final approval, after specific elements of a written program and site plan have been reviewed by the Omak planning commission and approved by the city council and agreed to by the applicant.

means a school for children between the ages of one through six, or any portion thereof, and offering schooling not beyond the grade of kindergarten. Preschool facilities include kindergartens, nursery schools, and similar child care facilities. Kindergartens in an elementary school shall be considered as part of that academic school.

means legal owner or owners of the property.

means a public hearing conducted by a single hearing body or officer, including, but not limited to, the planning commission, hearing examiner, or city council, authorized by the city council to conduct such hearings, that creates the city’s record through testimony and submission of evidence and information under procedures prescribed in Section 18.52.060 of this title.

means equipment installations for utility and service purveyors including, but not limited to, telephone exchanges, electrical substations, water reservoirs, pump stations, and similar facilities of service providers.

means the official appointed by the mayor to serve as the director of the city’s public works department.

means a person who meets the definition found in RCW 69.51A.010(4), as it now exists or is hereinafter amended.

means a vehicular type unit primarily designed for recreational camping, travel, or seasonal use which has its own motive power or is mounted on or towed by another vehicle. The basic entities are: travel trailer, folding camping trailer, park trailer, truck camper, motor home, and multi-use vehicles. Recreational vehicle also includes boats, snowmobiles and other recreational equipment on or carried by a trailer.

means a tract of land under single ownership or control upon which two or more recreational vehicle sites with hookups (minimum water, sewer and power) are located, established or maintained for occupancy by the general public as temporary living quarters. This definition includes camping clubs when developed in accordance with applicable state laws.

means a plot of ground within a recreational vehicle park available for accommodation of a recreational vehicle for thirty consecutive days or fewer unless an extension of this time period is granted in accordance with Section 18.16.118.

means a facility where discarded household products such as aluminum and tin cans, glass, paper, and other similar individual consumer products are deposited and stored for future reprocessing (excluding drop stations).

means a facility or area for consumer deposit of small recyclable household items (glass, paper, aluminum, etc.) in enclosed containers which are collected and emptied on a regular basis (not less than weekly), without processing, crushing or other handling, and which does not create a nuisance due to odor, noise, appearance, rodent, or bug attraction.

means a planned development designed to provide residents close and ready access to hangared or parked aircraft owned or leased by residents.

means a facility that cares for at least five, but not more than fifteen, functionally disabled persons that is not licensed pursuant to Chapter 70.128 RCW. An adult family home shall be considered a residential use of property for zoning and public and private utility rate purposes. Adult family homes shall be a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single-family dwellings. [1997 c 392 § 401; 1995 1st sp.s. c 18 § 29; 1989 1st ex.s. c 9 § 815.]

means the number of dwelling units per acre of land or the minimum number of square footage which must be included in a development for each dwelling unit. This term includes dwelling unit density.

means a commercial establishment operated primarily for preparing, cooking, and serving meals, with the serving of beverages as incidental thereto.

means uses providing services, as opposed to products, to the general public. Examples are eating and drinking establishments, motels, beauty and barber shops and similar types of uses.

means those uses primarily engaged in the sale of goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Lumber yards, office supply stores, nurseries, butcher shops, paint stores and similar uses shall be considered as retail trade establishments even though a portion of their business may be to contractors or other business establishments.

means an establishment providing domestic care for elderly persons who are not in need of medical or nursing treatment except in the case of temporary illness. This definition does not include nursing homes, convalescent homes, hospitals, or sanitariums.

means the building and enforcement official, administrative official, hearing examiner, or legislative body, when engaged in any review or approval procedure under the provisions of this title.

means to change the zoning district classification of particular lot(s) or parcel(s) of land.

means land deeded, dedicated to, or purchased by the city of Omak or other agency for public pedestrian or vehicular access.

means the improved (and city maintained) portion of a public right-of-way which provides vehicular circulation or principal means of access to abutting properties, and the right-of-way may also include provisions for public utilities, pedestrian walkways, public open space and recreation areas, cut and fill slopes, and drainage.

means a road designed to handle the greatest proportion of through or long-distance travel. They serve high-volume travel corridors that connect the major generators of traffic, including ties to the major rural highways entering the urban area. Those roads designated as principal arterials are those indicated in the transportation element of the greater Omak comprehensive plan.

means a road that provides direct service to residential areas, local parks, churches, etc., and which collect the traffic from the local access roads (streets) and convey it to principal arterial roads. Those roads designated as collectors are those indicated in the transportation element of the greater Omak comprehensive plan.

means a defined area on an airport designed and maintained for the landing and takeoff of fixed wing aircraft along its length.

means a road that is not designed or designated in the greater Omak comprehensive plan as an arterial or collector, and whose primary purpose is to provide direct access to individual homes, shops, and similar traffic destinations.

means a trapezoidal area of property centered on the extended runway centerline. The inner portion of this area begins at the edge of the primary surface end and is five hundred feet wide. The outer edge is one thousand feet from the primary surface and seven hundred feet wide. The sides of this area correspond to lines which connect the inner and outer lines forming a trapezoid. One such area is located at each end of the runway.

means every way or place in private ownership and used for travel of vehicles by the owner or those persons having express or implied permission by the owner, but not by other persons; such roads are not maintained by the city of Omak or any other public agency (government unit).

means the designated beginning of a runway.

means a structure and accessory facilities in which prescribed courses are taught. This definition includes elementary, junior high or high schools and institutions of higher learning, but does not include commercial schools, nursery schools, kindergartens, or day-care facilities/centers, except when operated in conjunction with a public, private, or parochial school as defined herein.

means the commercial use of a structure or land for teaching arts, crafts, or trades.

means a fence, wall, landscaping, evergreen hedge, or combination thereof, that effectively provides a sight-obscuring and sound-absorbing buffer. It shall be at least four feet in height and be broken only for access drives, walks, and for compliance with clear vision requirements (Section 18.16.090).

means a street abutting and parallel to a primary arterial or collector street which is designed to provide access to abutting property and not to provide access to the arterial except at intersections.

means a retail facility to supply motor fuel and other petroleum products to motor vehicles, and may include lubrication and minor repair service and incidental sale of motor vehicle accessories.

is the minimum horizontal distance measured perpendicularly from the property line to the nearest protrusion (including roof line) of the structure.

is the minimum horizontal distance measured perpendicularly from the nearest property line, edge of easement, road or right-of-way to the nearest protrusion (including roof line) of the structure.

means any medium, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising purposes. Refer to Section 18.16.110.

means any structure or other addition to land, including construction of roadways, utilities or other improvements on the property.

means any specific design, construction requirement or site improvement which is a condition of approval for any permit issued under the provisions of this title or which is a part of any site plan approved under the provisions of this title.

means a general site plan incorporating such additional factors as landscaping, drainage, and others as may be specified.

means all putrescible and nonputrescible solid and semisolid wastes, including but not limited to garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. This includes all liquid, solid and semisolid, materials which are not the primary products of public, private, industrial, commercial, mining, and agricultural operations. Solid waste includes but is not limited to sludge from wastewater treatment plants and septage, from septic tanks, wood waste, dangerous waste, and problem wastes. Definition is the same as WAC 173-304-100-(73).

means a state of dress in which clothing completely and opaquely covers no more than the genitals, pubic region, and areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

means and includes any of the following:

means and includes any of the following:

means:

means a unit originally or specifically used or designed to store goods or merchandise during shipping or hauling by a vehicle, including but not limited to rail cars of any kind, truck trailers or multimodal shipping containers; does not include apple bins, wooden or cardboard shipping crates or similar items.

means either enclosed (See “warehouses”) or outdoor areas designed for the storage of either large quantities of materials or materials of a large size.

means enclosed areas providing storage for residential goods and/or recreational vehicles within the structure.

means that portion of a building that is included between the upper surface of any floor and the upper surface of the floor next above, except that the top story shall be that portion of a building included between the upper surface of the top floor and the ceiling above. If the finished floor level directly above a basement is more than six feet above the finished grade, then the basement shall be considered a story.

means a space under a sloping roof which has its top floor level no more than four feet below the point of intersection of the roof decking and the exterior wall.

means public or private road.

means:

means any object constructed or installed by humans, including but not limited to buildings, towers, smokestacks, earth formations, and overhead transmission lines.

means a permitted structure whose bearing components are not permanent in nature which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased.

means a living unit owned or rented by one or more persons with functional disabilities who receive assistance with activities of daily living, instrumental 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.

means an establishment operated primarily for the sale of wine, beer, or other alcoholic beverages with any service of food incidental thereto.

means areas designated for the moving of aircraft on the ground, but not for landing or takeoff of aircraft.

means an occasional, temporary commercial sales activity held within a building, structure, or open area where groups of individual sellers offer goods, new and used, for sale to the public. This definition does not include the sale of livestock, sale of automobiles or vehicles of any kind, private garage sales, or special events such as Art in the Park, Okanogan Valley Farmers Market and other scheduled annual events held under approval of the city council in a city-owned park.

means a facility for the lodging of transients/tourists, including bed and break-fasts, hotels, motels, inns, lodges, time-share condominiums or overnight rental.

means an attached dwelling unit in a row of at least two and not more than six such units, separated by property lines and by vertical common fire-resistant walls from other dwelling units in the row and having individual outside access and legal frontage on a public or approved private street. Each dwelling unit shall be designed for and occupied exclusively by one family and the household employees of that family. A townhouse shall extend from foundation to roof, and no townhouse shall be located over another unit. Common walls between townhouses shall have no doors, windows or other provisions for human passage or visibility. Each townhouse shall be attached to other units in the row by not more than two common walls. The principal access shall be at or near grade. Townhouses shall be considered multifamily dwellings and regulated as such.

means a trail dedicated to the use of alternative land-based transportation other than the automobile. A mixed use trail may consist of several trails within the same corridor to separate conflicting uses (such as bicycles and equestrians).

means and includes any of the following:

means surfaces which extend outward at right angles to the runway centerline and the runway centerline extended at a slope of 7:1 (seven feet horizontally for each foot vertically) from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

means a trailer or other unit designed as a temporary dwelling for travel or recreational uses and which is moved upon public streets and highways and is thirty-five feet or less in length and eight feet or less in width.

means any object of natural growth whether planted by humans or of natural origin.

means the activity or purpose for which land or structures or combination of land and structures are designed, arranged, occupied, or maintained together with any associated site improvement. This definition includes the construction, erection, placement, movement or demolition of any structure or site improvement and any physical alteration to land itself including any grading, leveling, paving or excavation. Use also means any existing or proposed configuration of land, structures, and site improvements, and the use thereof.

means a portion of the city of Omak within which certain uses of land and structures are permitted and certain other uses of land and structures are prohibited, certain yards and other open space may be required and specific lot areas are established, all as set forth and specified in this title.

means two or more single-family dwellings; or two or more duplexes, triplexes or multi-family dwellings; or any combination of two or more of the above located on a single lot.

means the primary or predominant use to which a structure, part of a structure, or lot is or may be devoted.

are those businesses, institutions, or organizations which use pipes, wires or conductors, in, under, above, or along streets, alleys or easements to provide a product or service to the public, including sewer, water, power, phone and cable communications services.

means facilities operated by utilities but not including local transmission and collection lines, pipes, and conductors. Such facilities include, but are not limited to, electrical power substations, water reservoirs, and sewage treatment plants.

means a modification of the terms of this title that may be granted because of the unusual shape, exceptional topographic conditions, or other extraordinary situation or condition in connection with a specific piece of property when the literal enforcement of this title would involve practical difficulties and cause undue hardship unnecessary to carry out the spirit and intent of this title.

means a triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

means a structure used for the storage of goods and materials. Also see “agricultural building”.

means a place where waste, discarded or salvaged metal, used plumbing fixtures, discarded furniture and household equipment, and other materials are bought, sold, exchanged, stored or baled, and places or yards for the storage of salvaged materials and equipment from building demolition and salvaged structural steel materials and equipment, but excludes the processing and sorting of garbage, or for the sale, purchase, storage or dismantling of two unregistered automotive vehicles and machinery. This definition does not include the processing, storage or disposal of hazardous materials.

means any water system or water supply used for human consumption or other domestic uses. This definition includes source, treatment, storage, transmission and distribution facilities.

means those uses primarily engaged in the sale of merchandise to retailers; to industrial, commercial, institutional or professional business users; or to other wholesalers.

means an open space on the same lot with a structure.

means the open area extending along and parallel to the entire length of the front lot line and measured from the property line to the nearest point of the structure.

means the open area at the back of the structure extending the entire width of the lot and measured from the nearest point of the structure to the rear property line.

means an open area between the nearest point of the side of the structure and the side line of the lot.

means a full-time or temporary residential use providing supervised housing for a group of persons under eighteen years of age; and/or for persons between eighteen and twenty-four years of age; and where required is licensed by the state to provide such services to non-adult persons; and provides supportive services. Supportive services include meal service, cleaning service, health services, counseling, vocational training, or similar. This facility would not include facilities which persons are assigned to pursuant to a criminal conviction or those where residents, individually or by their legal guardian, are not free to terminate their residency at will.