Unless the context otherwise requires, the words and phrases set out in this chapter are defined as follows in this chapter.

(Ord. 491 §1(part), 1992).

"Accessory uses and structures" means a building or use which: (1) is subordinate to and serves a principal building or use; (2) is subordinate in area, extent or purpose to the principal building or use served; (3) contributes to the comfort, convenience or necessity of occupants of the principal building or use; and (4) is located on the same lot as the principal building or use.

(Ord. 491 §1(part), 1992).

"Administrator" or "zoning administrator" means the duly appointed city of Oroville Land Use Administrator.

(Ord. 491 §1(part), 1992).

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

(1)

Persons who appear in a state of nudity or seminudity; or

(2)

Live performances that are characterized by the exposure of specified anatomical areas or by including specified sexual activities; or

(3)

Films, motion pictures, video cassettes, DVDS, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

(Ord. 668 §2(part), 2003).

"Adult family home" means the regular family abode of a person or persons who are providing personal care, room and board to more than one but not more than four people with functional disabilities who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six persons may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for by law (RCW 70.128.110).

(Ord. 491 §1(part), 1992).

"Adult hotel/motel" means a hotel, motel, or similar commercial establishment:

(1)

Which offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, DVDS, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and

(2)

Which offers a sleeping room for rent for a rental fee period of time that is less than ten hours; or

(3)

Which allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.

(Ord. 668 §2(part), 2003).

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

(Ord. 668 §2(part), 2003).

"Adult panorama theater or arcade" means a place to which the public is permitted or invited in which coin-operated, 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.

(Ord. 668 §2(part), 2003).

"Adult theater" 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.

(Ord. 668 §2(part), 2003).

"Agriculture" means the tilling of soil, raising of crops and horticulture, except, vegetable gardens occupying less than five thousand square feet and ten fruit trees or less are not included in this definition.

(Ord. 491 §1(part), 1992).

"Alley" means a narrow street which affords only a secondary means of access to property abutting thereon.

(Ord. 491 §1(part), 1992).

"Auto repair shop" means a business or component of a business used for the storage, repair or servicing of motor vehicles or boats.

(Ord. No. 755, § 8, 12-2-2008)

"Automobile wrecking yard" means an area in which is conducted the dismantling and/or wrecking of used motor vehicles, machinery or trailers, or the storage or sale of dismantled, obsolete or wrecked vehicles or parts or the storage of motor vehicles unable to be moved under the power of the vehicle.

(Ord. 491 §1(part), 1992).

"Boarding clinic" means a veterinarian clinic or kennel where provisions are made for boarding animals for periods longer than one day.

(Ord. 491 §1(part), 1992).

"Boardinghouse," "lodging house" or "roominghouse" means a building where lodging with or without meals is provided for three or more persons in addition to members of the family occupying such building.

(Ord. 491 §1(part), 1992).

"Buildable area" means the space remaining on a lot after the minimum open space requirements (coverage, yards, setbacks) have been met.

(Ord. 491 §1(part), 1992).

"Building" means a structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.

(Ord. 491 §1(part), 1992).

"Building coverage" means the amount of land covered or permitted to be covered by a building, usually measured in terms of percentage of a lot.

(Ord. 491 §1(part), 1992).

"Building line" means a line, fixed parallel to the lot line, beyond which a building cannot extend.

(Ord. 491 §1(part), 1992).

"City" means the city of Oroville, Washington.

(Ord. 491 §1(part), 1992).

"Commission" means the planning commission of the city.

(Ord. 491 §1(part), 1992).

"Comprehensive plan* means any map, plan or policy statement pertaining to the development of land use, streets or public utilities and facilities, for all or any portion of the city, which has been officially adopted by the planning commission of the city and the city council.

(Ord. 491 §1(part), 1992).

"Convalescent center" means a facility other than a home used to house and care for more than fifteen people with functional disabilities.

(Ord. 491 §1(part), 1992).

"Corner lot" means a lot located at the intersection of two or more streets having an angle of intersections of not more than one hundred thirty-five degrees.

(Ord. 491 §1(part), 1992).

"Council" means the city council.

(Ord. 491 §1(part), 1992).

"Family day care facility" means an agency that regularly provides care during part of the twenty-four-hour day to six or fewer children in the family abode of the person or persons under whose direct care the children are placed.

(Ord. 491 §1(part), 1992).

"Mini day care facility" means a day care facility for the care of twelve or fewer children in a facility other than the family abode of the person or persons under whose direct care and supervision of the child is placed; or the care of from seven through twelve children in the family abode of such person or persons.

(Ord. 491 §1(part), 1992).

"Agency day care center" means an agency regularly providing care of thirteen or more children. State law provides that no such center shall be located in a private family residence unless the portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation or is separate from the usual living quarters of the family.

(Ord. 491 §1(part), 1992).

"Density" means the average number of dwelling units per acre.

(Ord. 491 §1(part), 1992).

"Dish antenna" means a structure designed to receive radio or television signals from communication satellites.

(Ord. 491 §1(part), 1992).

"Drive-in restaurant" means an eating establishment that provides for the ordering and pick-up of food from the window of a vehicle for onsite consumption.

(Ord. 616 §1, 1999: Ord. 491 §1(part), 1992).

"Drive-up service" means a business or component of a business (e.g., fast food windows, banks, espresso stands, etc.) that provides for the ordering and/or retrieval of goods and/or services from the window of a vehicle.

(Ord. 616 §2, 1999).

"Duplex" means two dwelling units designed for occupancy of two families and connected by a common vertical wall or, in the case of a multistory building, by common ceiling and floor; all in a single structure.

(Ord. 491 §1(part), 1992).

"Multifamily dwelling" means a building containing four or more dwelling units. (Also, see definition for "use, multifamily.")

(Ord. 491 §1(part), 1992).

"Single-family dwelling" means a detached building containing one dwelling unit.

(Ord. 491 §1(part), 1992).

"Dwelling unit" means a building or portion of a building designed for occupancy by one family and having only one cooking facility.

(Ord. 491 §1(part), 1992).

"Family" means an individual, or two or more persons related by blood, marriage, adoption or legal guardianship, living together in a dwelling unit, in which meals or lodging may also be provided for not more than two additional persons excluding servants; or a group of not more than three unrelated persons living together in a dwelling unit.

(Ord. 491 §1(part), 1992).

"Floor area" means the total area of all floors of a building as measured to the outside surfaces of exterior walls and including hall, stairways, elevator shafts, attached garages, porches, basements and balconies.

(Ord. 491 §1(part), 1992).

"Fueling station" means any building, land area or other premises or portion thereof used or intended to be used for the retail dispensing or sales of vehicular fuels, and may include vehicle accessories and/or goods desirable by the traveling public, commercial and private.

(Ord. No. 755, § 8, 12-2-2008)

"People with functional disabilities" means:

(1)

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

(A)

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

(B)

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

(C)

Having a record of having such an impairment, or

(2)

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

(Ord. 491 §1(part), 1992).

"Grade (ground level)" means the lowest elevation of the finished ground level.

(Ord. 491 §1(part), 1992).

"Group home" means a place for dependent or pre-delinquent 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).

(Ord. 491 §1(part), 1992).

"Halfway house" 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.

(Ord. 491 §1(part), 1992).

"Hazardous waste" means all dangerous and extremely hazardous waste as defined in RCW 70.105.010.

(Ord. 491 §1(part), 1992).

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

(Ord. 491 §1(part), 1992).

"Hazardous waste treatment" means the physical, chemical or biological processing of dangerous waste to make wastes nondangerous or less dangerous, safer for transport, amenable for storage, or reduced in volume.

(Ord. 491 §1(part), 1992).

"Offsite hazardous waste treatment and storage facility" means those treatment and storage facilities which treat and store waste from generators on properties other than those on which the offsite facilities are located. These facilities must comply with the state siting criteria as adopted in accordance with RCW 70.105-.210.

(Ord. 491 §1(part), 1992).

"Onsite hazardous waste treatment and storage facility" means those treatment and storage facilities which treat and store wastes generated on the same geographically contiguous, or bordering property. These facilities must comply with the state siting criteria adopted in accordance with RCW 20.105.210.

(Ord. 491 §1(part), 1992).

"Height of building" means the vertical distance measured from the grade to the highest point of the roof.

(Ord. 491 §1(part), 1992).

"Home business" means the use of a dwelling unit or any of its accessory structures for gainful employment involving the manufacture, provision or sale of goods and/or services in the home, and meeting the standards and restrictions of Chapter 17.68 of this title.

(Ord. 578 §1, 1996: Ord. 491 §1(part), 1992).

"Impervious surface" means any material or structure that prevents the natural absorption of water into the earth.

(Ord. 491 §1(part), 1992).

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, brush, wood 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.

(Ord. 491 §1(part), 1992).

"Lot" means the basic development unit; an area with fixed boundaries designated on a plat which has been approved by the city and filed by the Okanogan County auditor or any parcel on record at the Okanogan County assessor's office having fixed outside of any plat that complies with the city's subdivision laws.

(Ord. 491 §1(part), 1992).

"Lot area" means the total horizontal land area (measured in square footage) within the lot lines of a lot.

(Ord. 491 §1(part), 1992).

"Lot coverage" means the amount of land covered or permitted to be covered by buildings or other improvements that create impervious surfaces usually measured in terms of percentage of total lot area.

(Ord. 491 §1(part), 1992).

"Lot line" means the property line bounding a lot.

(Ord. 491 §1(part), 1992).

"Front lot line" means the property line separating the lot from the street other than an alley.

(Ord. 491 §1(part), 1992).

"Rear lot line" means a property line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or other shaped lot, a line ten feet in length within the lot parallel to and at a maximum distance from the front lot line.

(Ord. 491 §1(part), 1992).

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

(Ord. 491 §1(part), 1992).

"Lot width" means the average horizontal distance between the side lot lines, ordinarily measured at the front building line.

3(Ord. 491 §1(part), 1992).

"Microbrewery" is a plant where malt liquors are produced on a scale of fifty thousand barrels or less annually.

(Ord. 491 §1(part), 1992).

"Manufactured home" means a residential unit or part thereof on one or more chassis for towing to the point of use and designated to be used with a foundation as a dwelling unit on a year-round basis, and which bears an insignia issued by a state or federal regulatory agency indicating that the manufactured home complies with all applicable construction standards of the U.S. Department of Housing and Urban Development definition of a manufactured home. Commercial coaches, recreational vehicles or motor homes are not considered mobile/manufactured homes.

(Ord. 491 §1(part), 1992).

"Mobile home" means a factory-fabricated residential unit on one or more chassis for towing to the point of usage. Mobile homes are more than thirty-five feet in length, greater than eight feet in width and are designed to be used with a foundation, skirting or other means of attachment to the ground.

(Ord. 491 §1(part), 1992).

"Manufactured/mobile home park" means a development of at least one acre of land specifically designed for mobile and/or manufactured homes on the same lot for dwelling or sleeping purposes.

(Ord. 491 §1(part), 1992).

"Nonconforming lot" means a lot, the area, width and other dimensional characteristics of which fail to meet the requirements of the zoning district in which it is located and was conforming prior to the enactment of the ordinance codified in this title or any amendment thereto.

(Ord. 491 §1(part), 1992).

"Nonconforming structure" means a legally established structure existing at the time the ordinance codified in this title or any amendment thereto becomes effective which does not conform to the lot size, yard, height or lot coverage requirements of the district in which it is located.

(Ord. 491 §1(part), 1992).

"Nonconforming use" means a legally established use existing at the time the ordinance codified in this title or any amendment thereto becomes effective which does not conform to the use requirements of the district in which it is located.

(Ord. 491 §1(part), 1992).

"Nursery/greenhouse" means a facility, structure or use of land for the commercial production of bedding plants, street stock or associated horticultural products.

(Ord. 491 §1(part), 1992).

"Parties of record" means:

(1)

The applicant;

(2)

Any person who testified at the open record public hearing on the application and requested to be notified of any subsequent actions; and/or

(3)

Any person who submitted written comments concerning the application at the open record public hearing and requested to be notified of any subsequent actions (excluding persons who have only signed petitions or mechanically produced form letters).

(Ord. 613 §4, 1999).

"Off-street parking space" means an off-street enclosed or unenclosed surface area of not less than nine feet by twenty feet in size, exclusive of maneuvering and access area, permanently reserved for the temporary storage of one automobile, and connected with a street by a driveway which affords ingress and egress for automobiles.

(Ord. 491 §1(part), 1992).

"Outdoor mobile vendor" 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.

(Ord. No. 908, § 1, 5-18-2021)

"Person" means an individual, firm, partnership, association, corporation, estate, trust, receiver, syndicate, branch of government, social or fraternal organization, or any group or combination acting as a legal entity, and including representative(s) thereof.

(Ord. 491 §1(part), 1992).

"Planning commission" means the planning commission of the city.

(Ord. 491 §1(part), 1992).

"Professional office" means an office occupied by doctors, dentists, accountants, attorneys, optometrists, architects, professional engineers and surveyors, and persons engaged in other similar occupations.

(Ord. 491 §1(part), 1992).

"Prurient" means that which incites lasciviousness or lust.

(Ord. 668 §2(part), 2003).

"Recreational facilities" mean a structure or use designed to provide indoor or outdoor recreation opportunities for the public.

(Ord. 491 §1(part), 1992).

"Recreational vehicle" 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, motor home and multi-use vehicle. (WAC 296-150B-015(32))

(Ord. 578 §2, 1996: Ord. 491 §1(part), 1992).

"Recreational vehicle park" means a tract of land under single ownership or control upon which two or more recreational vehicle sites are located, established or maintained for occupancy by the general public as temporary living quarters.

(Ord. 578 §3, 1996: Ord. 491 §1(part), 1992).

"Recreational vehicle site" means a plot of ground within a recreational vehicle park available for accommodation of a recreational vehicle for thirty consecutive days or fewer.

(Ord. 578 §4, 1996).

"Recycling center" means a facility where discarded recyclable 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).

(Ord. 491 §1(part), 1992).

"Recycling drop station" 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.

(Ord. 491 §1(part), 1992).

"Residential care facility" means a facility, licensed by the state, that cares for at least five but not more than fifteen people with functional disabilities, that has not been licensed as an adult family home pursuant to RCW 70.128.175.

(Ord. 491 §1(part), 1992).

"Setback" means the required distance between structures and all lot lines.

(Ord. 491 §1(part), 1992).

"Sign" means an identification, description, illustration or device which is affixed to or represented, directly or indirectly, upon a structure or land, and which directs attention to a product, place, activity, person, institution, business or professional.

(Ord. 491 §1(part), 1992).

"Sexually oriented business" means a business meeting the definition of an adult cabaret, adult hotel/motel, adult motion picture theater, adult panorama theater or arcade, sexually oriented retail establishment, or adult theater.

(Ord. 668 §2(part), 2003).

"Sexually oriented retail establishment" means any premises in which ten percent or more of the "stock in trade" (as defined in this section) 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 in this section, includes but is not limited to the following: books, magazines, posters, cards, pictures, periodicals, or other printed matter; prerecorded video tapes, DVDs, discs, film, or other such medium, instruments, devices, equipment, paraphernalia or other such products. The "stock in trade" of a particular business establishment shall be determined by examining the retail dollar value of all sexually oriented merchandise compared to the retail dollar value of all nonsexually oriented materials readily available for purchase, rental, view, or use by patrons of the establishment, excluding inventory located in any portion of the premises not regularly open to patrons; and, the total volume of shelf space and display area reserved for sexually oriented materials compared to the total volume of shelf space and display area reserved for nonsexually oriented materials.

(Ord. 668 §2(part), 2003).

"Semi-permanent" shall mean, in the context of an Outdoor Mobile Vendor (see 17.08.602), a unit such as a trailer that requires towing to or from a site.

(Ord. No. 908, § 1, 5-18-2021)

"Specified anatomical areas" mean and include any of the following:

(1)

Less than completely and opaquely covered human genitals, pubic region, anus, or areola of the female breasts or any artificial depiction of the same; or

(2)

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

(Ord. 668 §2(part), 2003).

"Specified sexual activities" mean and include any of the following:

(1)

The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;

(2)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

(3)

Masturbation, actual or simulated;

(4)

Human genitals or artificial depictions of the same in a state of sexual stimulation or arousal; or

(5)

Excretory functions as part of or in conjunction with any of the activities set forth in subsections (1) through (4) of this section.

(Ord. 668 §2(part), 2003).

"Street" means a public right-of-way for roadway, sidewalk and utility installation.

(Ord. 491 §1(part), 1992).

"Structural alteration" means any change to the supporting members of a structure including but not limited to foundations, bearing walls or partitions, columns, beams, girders, trusses or any structural change in the roof or exterior walls.

(Ord. 491 §1(part), 1992).

"Structure" means anything constructed or erected on the ground, or which is attached to something located on the ground. The term includes buildings, radio and TV towers, sheds and signs.

(Ord. 491 §1(part), 1992).

(Ord. No. 806, § 1, 9-20-2011)

"Structure, mobile vendor" shall mean, in the context of an Outdoor Mobile Vendor (see 17.08.602), a semi-permanent structure built on-site or delivered to a site.

(Ord. No. 908, § 1, 5-18-2021)

"Transportation facility" means a structure or use designed to provide services and support for persons using public conveyance.

(Ord. 491 §1(part), 1992).

"Travel trailer" means a building or vehicle which is portable or which was originally designed to be portable and which was constructed to permit occupancy for dwelling or sleeping purposes.

(Ord. 491 §1(part), 1992).

"Triplex" means three dwelling units designed for occupancy of three families and connected by common vertical walls or, in the case of a multi-story building, by common ceiling and floor; all in a single structure.

(Ord. 491 §1(part), 1992).

"Truly mobile" shall mean, in the context of an Outdoor Mobile Vendor (see 17.08.602), a unit such as a vehicle that is registered and licensed for driving on the street under its own power.

(Ord. No. 908, § 1, 5-18-2021)

"Use" means the purpose for which land or a structure is primarily designed, arranged or intended, or for which it is primarily occupied or maintained.

(Ord. 491 §1(part), 1992).

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

(Ord. 491 §1(part), 1992).

"Veterinarian clinic" means a clinic for the treatment of sick, diseased or injured animals on an appointment or walk-in basis which may also include boarding facilities.

(Ord. 491 §1(part), 1992).

"Visual obstruction" means any fence, wall, tree, hedge or shrub, object or combination of which limits visibility along streets.

(Ord. 491 §1(part), 1992).

"Vocational school" means a school for educating, training or retraining persons in a trade, vocation or other technical field.

(Ord. 491 §1(part), 1992).

"Yard" means an open space on a lot which is unobstructed from the ground upward except as otherwise provided for in this title.

(Ord. 491 §1(part), 1992).

"Front yard" means a yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of the building.

(Ord. 491 §1(part), 1992).

"Rear yard" means a yard between the side lot lines and measured horizontally at right angles from the side lot line to the nearest point of the building.

(Ord. 491 §1(part), 1992).

"Side yard" means a yard between the front and rear yard measured horizontally at right angles from the side lot line to the nearest point of the building.

(Ord. 491 §1(part), 1992).

"Street side yard" means the side yard of a corner lot abutting the street extending from the front yard to the rear lot line, and measured horizontally at right angles from the side lot line to the nearest point of the building.

(Ord. 491 §1(part), 1992).

"Zoning district" means a section of the city designated in this chapter in which requirements of the use of land and building and development standard are prescribed.

(Ord. 491 §1(part), 1992).

"Zoning map" means the map delineating the boundaries of districts which, along with the zoning text of this title, comprise the zoning ordinance of the city.

(Ord. 491 §1(part), 1992).