For the purposes of this title certain words and terms are defined as set forth in this chapter.
Words used in the present tense include the future; words in the singular number include the plural; and words in the plural include the singular. (Ord. 948 § 2 (part), 1995).
“Accessory use or building” means a subordinate use or building customarily incidental to and located upon the same lot occupied by the main use or building. (Ord. 948 § 2 (part), 1995).
“Adjoining” and “adjacent” mean lying near, close or contiguous, neighboring. (Ord. 948 § 2 (part), 1995).
“Adult family home” means a regular family abode of a person or persons 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. (Ord. 1237 § 2 (part), 2007).
“Agriculture” means the business of cultivating land, or employing it for the purposes of husbandry; the cultivation and fertilization of the soil as well as caring for and harvesting the crops. (Ord. 948 § 2 (part), 1995).
“Alley” means a street or public way which affords only a secondary means of access to abutting property. (Ord. 948 § 2 (part), 1995).
“Alter” or “alteration” as applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities or an enlargement, whether by extending on a side, or increasing in height, or the moving from one location or position to another. “Alter” in its various moods and tenses and its participial forms refers to the making of any alteration or change. (Ord. 948 § 2 (part), 1995).
“Apartment” means a room or suite of rooms, other than a hotel, equipped with a stove for cooking and a kitchen sink which is occupied or which is intended or designed to be occupied by one family for living and sleeping purposes, and does not necessarily constitute the main occupancy of the building. (Ord. 1237 § 1 (part), 2007: Ord. 948 § 2 (part), 1995).
“Apartment house” means a building used or intended to be used as the home of three or more families or householders living independently of each other each having its own separate complete housekeeping units. (Ord. 948 § 2 (part), 1995).
“Auto wrecking yard” means an open area used for dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles for their parts. (Ord. 948 § 2 (part), 1995).
“Basement” means that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is greater than the vertical distance from grade to ceiling. (Ord. 948 § 2 (part), 1995).
“Batch” means any waste that is generated less frequently than once a month. (Ord. 948 § 2 (part), 1995).
“Boarding house” or “group home” means a building, other than a hotel, where overnight lodging is provided for compensation, and the guests share a common kitchen or dining area. (Ord. 1237 § 2 (part), 2007).
“Building” means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. (Ord. 948 § 2 (part), 1995).
“Bunk house” or “hostel” means a building, other than a hotel, where overnight lodging is provided for compensation and any room contains more than two beds or provisions for more than four guests. (Ord. 1237 § 2 (part), 2007).
“Business” or “commerce” when used in this title means the engaging in the purchase, sale, barter or exchange of goods, wares or merchandise; and the maintenance or operation of offices or recreational or amusement enterprises. (Ord. 948 § 2 (part), 1995).
“Caretaker residence” means a building or a portion of a building secondary and incidental to a business which does not display traditional residential characteristics and is occupied by the business owner or an employee of the business owner for overnight security purposes. (Ord. 1237 § 2 (part), 2007).
“City council” means the city council of the city of Othello. (Ord. 948 § 2 (part), 1995).
“Clinic” means a building designed and used for the medical and surgical diagnosis and treatment of persons as outpatients under the care of doctors, dentists, physical therapists and nurses. (Ord. 948 § 2 (part), 1995).
Whenever “commission” is used in this title, it refers to the city planning commission. (Ord. 948 § 2 (part), 1995).
“Comprehensive plan” means the master land use plan of Othello, providing for the orderly physical development of the city. (Ord. 948 § 2 (part), 1995).
“Conditional use” means a use permitted in one or more classifications as defined by this title but which use, because of characteristics peculiar to it, or because of size, technological processes or type of equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities, requires a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same zone or zones, and to assure that such use shall not be inimical to the public interest. (Ord. 948 § 2 (part), 1995).
“Convalescent, nursing and rest home” means an establishment which provides full-time convalescent or chronic care or both for patients who are not related by blood or marriage to the operator and who, by reason of illness or infirmity, are unable to care for themselves. (Ord. 948 § 2 (part), 1995).
“Coverage” means that percentage of the plot or lot area covered by the building area. (Ord. 948 § 2 (part), 1995).
“Dangerous waste” means those solid wastes designated in WAC 173-303-070 through 173-303-103 as dangerous or extremely hazardous waste (WAC 173-303-040). (Ord. 948 § 2 (part), 1995).
“Day care facility” means an agency regularly providing care for a group of children for periods of less than twenty-four hours. Separate requirements are adopted for the following subcategories of day care centers:
(1) A “day care center” provides for the care of thirteen or more children. 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.
(2) A “mini day care program” means:
(A) A day care center for the care of twelve or fewer children cared for on a full-time basis and such other children cared for on a part-time basis, characterized as drop ins, as is allowed by the rules of the state of Washington, Department of Social and Health Services in a facility other than the family abode of the person or persons under whose direct care and supervision the child is placed;
(B) For the care of from seven through twelve children cared for on a full-time basis and such other children cared for on a part-time basis, characterized as drop ins, as is allowed by the rules of the state of Washington, Department of Social and Health Services in the family abode of such person or persons.
(3) A “family day care home” means a home regularly providing care during part of the twenty-four-hour day to six or fewer children cared for on a full-time basis and such other children cared for on a part-time basis, characterized as drop-ins, as is allowed by the rules of the state of Washington, Department of Social and Health Services. (Ord. 948 § 2 (part), 1995).
“Density” means a measure that, in terms of development, can include the ratio of dwelling unit per lot area or per acre, square feet of building floor area per lot area, people per square feet of building floor area or per acre, etc. (Ord. 948 § 2 (part), 1995).
“Dormitory” or “fraternity” means a building, other than a hotel, where overnight lodging is provided for compensation, and a majority of the guests stay more than a month at a time. (Ord. 1237 § 2 (part), 2007).
“Single-family dwelling” means a building designed or used for residence by not more than one family and containing only one dwelling unit. (Ord. 1237 § 2 (part), 2007).
“Established grade” means the curb line grade at the front lot lines as established by the city. (Ord. 948 § 2 (part), 1995).
“Frontage” means all the property abutting on one side of a street between two streets which intersect it, measured along the street line. (Ord. 948 § 2 (part), 1995).
“Front property line” means the front lot line as shown on the official recorded plat of the property, and as modified by any subsequent vacation, condemnation or conveyance for public purposes. In the case of unplatted property or in case the front property line of platted property cannot be determined from the recorded plat, the planning commission shall determine the front property line, for the purposes of this title. In making such determination, the commission shall take into consideration the character and location of all neighboring improvements and the character of the buildings proposed to be built on the lot, and shall designate the front property line which most nearly conforms to the existing conditions of platting and/or improvements and the spirit and purpose of the zoning regulations applied in the surrounding district. (Ord. 948 § 2 (part), 1995).
“Front street” means the street which contains the most facing lots or lineal footage in a block. (Ord. 948 § 2 (part), 1995).
“Private garage” means a garage with capacity for not more than three self-propelled vehicles, and used for storage only. (Ord. 948 § 2 (part), 1995).
“Public garage” means any premises, used for the rental, storage or housing of more than two self-propelled vehicles, or where vehicles are repaired, sold or kept for hire. (Ord. 948 § 2 (part), 1995).
“Gas station” means any area of land, including the structures thereon, that is used for the sale of gasoline or other motor fuel oils, lubricants and auto accessories and which may or may not include washing, lubricating, and other minor servicing but no painting operation. (Ord. 948 § 2 (part), 1995).
“Generator” 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 Regulations, Chapter 173-303 WAC (WAC 173-303-040). (Ord. 948 § 2 (part), 1995).
“Grade” means the average of the finished ground level at the center of all walls of a building. In case the walls are parallel to and within five feet of a sidewalk, the aboveground level shall be measured at the sidewalk. (Ord. 948 § 2 (part), 1995).
“Greenbelts” are characterized as swaths of greenery which serve as buffers between incompatible land uses, and where development is controlled to help maintain environmentally sensitive conditions, and areas of natural landscaping and wildlife habitat. They are areas, either publicly or privately owned, which have been designated by the city. (Ord. 948 § 2 (part), 1995).
“Commercial greenhouse” means an establishment where flowers, shrubbery, vegetables, trees and other horticultural and floricultural products are grown both in the open and in an enclosed building for sales on a retail or wholesale basis. (Ord. 948 § 2 (part), 1995).
“Hazardous substance” means any liquid, solid, gas, sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste (RCW 70.105.010). (Ord. 948 § 2 (part), 1995).
“Hazardous waste” means and includes all dangerous and extremely hazardous waste (RCW 70.105.010). (Ord. 948 § 2 (part), 1995).
“Building height” or “height of building” means the vertical distance at the center of a building’s principal front, measured from the established grade to the highest point of the roof beams in the case of flat roofs, to the deck line of mansard roofs, or to the center height between eaves and ridges for gable, hip or gambrel roofs. For buildings set back from the street line, the height may be measured from the average elevation of the finished grade along the front of the building. (Ord. 1634 § 6, 2025; Ord. 948 § 2 (part), 1995).
“Heliport primary surface” means the area of the primary surface coincides in size and shape with the designed takeoff and landing area of a heliport. This surface is a horizontal plane at the elevation of the established heliport elevation. (Ord. 948 § 2 (part), 1995).
“Home occupation” means business conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the dwelling for dwelling purposes and does not change the character thereof. (Ord. 948 § 2 (part), 1995).
“Hospital” means a building designed and used for the medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes and clinics are not included. (Ord. 948 § 2 (part), 1995).
“Hotel” or “motel” means a building used to accommodate overnight guests, but “hotel” or “motel” does not include any of the following: bed and breakfast; bunk house or hostel; apartment; dormitory or fraternity; group home or boarding house; resort, vacation lodge or condominium timeshare; temporary shelter; caretaker residence; licensed care facility; or recreational vehicle park. (Ord. 1237 § 1 (part), 2007: Ord. 948 § 2 (part), 1995).
“Interim status permit” means a temporary permit given to treatment, storage and disposal facilities which qualify under WAC 173-303-805 (WAC 173-303-040). (Ord. 948 § 2 (part), 1995).
“Junkyard” means a lot, land or structure, or part thereof, used for the collecting, storage and sale of waste paper, rags, scrap metal or discarded materials, or for the collecting, dismantling, salvaging or sale of parts of machinery or vehicles not in running condition. (Ord. 948 § 2 (part), 1995).
Kennels include commercial kennels defined as:
(a) “Commercial kennel” means a place where dogs and/or cats are kept by persons for breeding, with the offspring offered for sale, or where such dogs and/or cats are received for care, training and boarding for compensation. (Ord. 1340 § 1, 2010: Ord. 948 § 2 (part), 1995).
“Licensed care facility” means a building, other than a hotel, where overnight lodging is provided for compensation and which facility is licensed by the state of Washington for overnight caregiving, including an adult family home if so licensed. (Ord. 1237 § 2 (part), 2007).
“Livestock” means horses, bovine animals, sheep, goats, swine, donkeys, mules and buffalo. (Ord. 948 § 2 (part), 1995).
“Lot” means land occupied or to be occupied by a building and its accessory buildings, including such open spaces as are required under this title, and having frontage upon a street or alley. (Ord. 948 § 2 (part), 1995).
“Corner lot” means a lot of which at least two adjacent sides abut for their full length upon a street. (Ord. 948 § 2 (part), 1995).
“Lot coverage” means the percentage of the lot area that is occupied by the ground area of a building and its accessory buildings, if any. (Ord. 948 § 2 (part), 1995).
“Lot depth” means the mean dimension of the lot from the front street line to the rear line. (Ord. 948 § 2 (part), 1995).
“Lot line” means that line bounding a lot as described in the deed, or as shown on a recorded plat. (Ord. 948 § 2 (part), 1995).
“Lot width” means the dimension of the lot line at the street, or in an irregularly shaped lot, the dimension across the lot at the building line, or in a corner lot the narrow dimension of the lot at a street or building line. (Ord. 948 § 2 (part), 1995).
“Main building” means a building used for the primary or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory. (Ord. 948 § 2 (part), 1995).
The “mean depth” of a lot means the depth of the lot measured on a line approximately perpendicular to the fronting street and midway between the side lines of the lot. (Ord. 948 § 2 (part), 1995).
“Nonconforming use” means a building, lot or parcel which does not conform to the present bulk requirements of the zone where it is located, but which previously conformed to the bulk requirements of the zone where it is located and its continued use has been in conformance with city ordinances governing the continuation of nonconforming uses, and it means a use of a building, lot or parcel which does not conform with the regulations of the zone in which it is located. (Ord. 948 § 2 (part), 1995).
“Nursery” means any land used to raise trees, shrubs, flowers and other plants, for sale or for transplanting. (Ord. 948 § 2 (part), 1995).
“Obstruction” means any structure, growth, or other object including a mobile object, which exceeds a limiting height set forth. (Ord. 948 § 2 (part), 1995).
“Occupancy” means the purpose for which a building is used or intended to be used. The term also includes the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. (Ord. 948 § 2 (part), 1995).
“Off-site” means hazardous waste treatment and storage facilities that treat and store waste from generators on properties other than those on which the off-site facilities are located. (Ord. 948 § 2 (part), 1995).
“On-site” means the same, geographically contiguous, or bordering property. On-site hazardous waste treatment and storage facilities treat and store wastes generated on the same property. (Ord. 948 § 2 (part), 1995).
“Open space (greenbelt)” means space which is not used for buildings or structures. It may be air, land or water. (Ord. 948 § 2 (part), 1995).
An “overlay” consists of a mapped area that has special requirements in addition to those of the underlying zone. Development within the overlay must conform to the requirements of both the underlying zone and the overlay, or to the more restrictive of the two. (Ord. 948 § 2 (part), 1995).
“Parking space” means an off-street space, normally ten feet by twenty feet used to temporarily park a motor vehicle and having access to a public street or alley. (Ord. 948 § 2 (part), 1995).
“Permanent occupancy” means a residence inhabited year round by its occupants. (Ord. 948 § 2 (part), 1995).
“Person” means an individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them. (Ord. 948 § 2 (part), 1995).
“Planned development” means a process which allows for flexibility in the grouping, placement, size and use of structures on a fairly large tract of land. A PD is developed as a single proposal, using a process which incorporates design review and public participation. (Ord. 948 § 2 (part), 1995).
“Planning commission” means the planning commission of the city of Othello, Washington. (Ord. 948 § 2 (part), 1995).
“Plat” 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, and which plat was properly approved and recorded under all applicable city ordinances and state laws. (Ord. 948 § 2 (part), 1995).
“Porch” means a roofed or unroofed open structure projecting from the front, side or rear wall of a building and having no enclosed features of glass, wood, or other material more than thirty inches above the floor thereof, except wire screening and the necessary columns to support the roof. (Ord. 948 § 2 (part), 1995).
“Premises” means a house or building with the grounds, etc. belonging to it. (Ord. 948 § 2 (part), 1995).
“Principal use” means the primary purpose or function that a lot serves or is intended to serve. (Ord. 948 § 2 (part), 1995).
“Processing or handling of hazardous substances” means the use, storage, manufacture, production, or other land use activity involving hazardous substances. Hazardous substances processing and handling activities are normally found in commercial, manufacturing and industrial zones. It does not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container. (Ord. 948 § 2 (part), 1995).
“Professional office” means the office of a person engaged in any occupation, vocation or calling, not purely commercial, mechanical or agricultural in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an act founded thereon. (Ord. 948 § 2 (part), 1995).
“Public facilities” mean facilities owned by the public or private enterprise and operated for the benefit of the community. This also includes, but is not limited to schools, libraries, fire stations, water and sewage systems, police stations, cemeteries, refuse disposal, and power systems. (Ord. 948 § 2 (part), 1995).
“Public utility functions” mean those functions relating to publicly operated utilities including but not limited to water, electric and sewage systems. (Ord. 948 § 2 (part), 1995).
“Recreational vehicle park” means any plot, tract, site or premises or ground one acre or more, where accommodation is available for two or more families to establish temporary or semi-permanent residences in recreational vehicles, whether or not the wheels have been removed from the recreational vehicles for a period of one month or more. (Ord. 1237 § 1 (part), 2007: Ord. 948 § 2 (part), 1995).
“Recreational vehicle lot” means a designated portion of the park designed for the accommodation of one recreational vehicle and its accessory structures. (Ord. 948 § 2 (part), 1995).
“Recreational vehicle” means a vehicular type unit primarily designed for its own motive power or is mounted on or towed by another vehicle. The basic entities are: travel trailer, folding camper trailer, park recreational trailer, fifth-wheel trailers, truck camper, motor home, and multi-use vehicles as defined in Chapters 296-150P and 296-150R WAC. (Ord. 1237 § 1 (part), 2007: Ord. 948 § 2 (part), 1995).
“Resort” or “timeshare condominium” means a building, other than a hotel, where overnight lodging is provided for compensation in conjunction with recreational amenities, such as golf, fishing, hunting, gaming, spa resort, fitness or similar leisure activities. (Ord. 1237 § 2 (part), 2007).
“Roadside stand” means an area and/or structure, with no space for customers within the structure itself, for the display and sale of agricultural products. (Ord. 948 § 2 (part), 1995).
“Sanitary landfill” means a method of refuse disposal utilizing open trenches which are filled with garbage or refuse and subsequently covered with earth daily. (Ord. 948 § 2 (part), 1995).
“Side street” or “flanking street” means a street, public or private, which abuts a property in addition to another street and which intersects the other street at a property corner. In determining the front yard and building line, the front street shall be the determining factor. (Ord. 948 § 2 (part), 1995).
“Sign” means any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public. This term shall include signboards and billboards. (Ord. 948 § 2 (part), 1995).
“Dangerous waste storage” means the holding of dangerous waste for a temporary period. Accumulation of dangerous waste by the generator on the site of generation is not storage as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201. (Ord. 948 § 2 (part), 1995).
“Story” means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it. (Ord. 948 § 2 (part), 1995).
“Street” means a public or private dedicated or deeded thoroughfare which affords principal means of access to abutting property. (Ord. 948 § 2 (part), 1995).
The streetscape is the visual character of a street as determined by various elements such as structures, greenery, open space, view, etc. (Ord. 948 § 2 (part), 1995).
“Surface impoundment” means a facility or part of a facility which is a natural topographic depression, manmade excavation, or diked area formed primarily of earthen materials (although it may be lined with manmade materials), and which is designed to hold an accumulation of liquid dangerous wastes or dangerous wastes containing free liquids. This term includes holding, storage, settling, and aeration pits, ponds or lagoons (WAC 173-303-040). (Ord. 948 § 2 (part), 1995).
An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines. (Ord. 948 § 2 (part), 1995).
“Theater” means a structure used for dramatic, operatic, motion pictures, or other performances, for admission to which entrance money is received and no audience participation or meal service is allowed. (Ord. 948 § 2 (part), 1995).
“Outdoor drive-in theater” means an open lot or part thereof, with its appurtenant facilities devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to persons seated in automobiles or on outdoor seats. (Ord. 948 § 2 (part), 1995).
“Tract” has the same meaning as lot. (Ord. 948 § 2 (part), 1995).
“Treatment” 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, amenable for storage, or reduced in volume. (Ord. 948 § 2 (part), 1995).
“Tree” means a woody perennial plant with one main stem or trunk which develops many branches. (Ord. 948 § 2 (part), 1995).
“Urban trail” means an extended and usually continuous strip of land or water, used primarily for recreational travel. Urban trails may serve different user groups, such as pedestrians, bicyclists, and to a more limited extent canoeists. (Ord. 948 § 2 (part), 1995).
“Use” means the purpose for which land or building is arranged, designed or intended, or for which either is or may be occupied or maintained. (Ord. 948 § 2 (part), 1995).
“Prohibited uses” are those uses not specifically enumerated as permitted uses. Prohibited uses are listed in this title for purposes of clarity and emphasis only. Prohibited uses mentioned include but are not limited to the enumerated prohibited uses. (Ord. 948 § 2 (part), 1995).
“Variance” means a granting of relief from the terms of this title, the official map ordinance or other land use regulation of the city under the procedures set forth in Chapter 2.16 and state law by the hearing examiner or as otherwise provided by ordinance by the planning commission or city council. (Ord. 1305 § 2, 2009; Ord. 948 § 2 (part), 1995).
“Waste pile” means any noncontainerized accumulation of solid, nonflowing waste that is used for treatment or storage (WAC 173-303-040). (Ord. 948 § 2 (part), 1995).
“Yard” means an unoccupied space open to the sky, on the same lot with a building or structure. (Ord. 948 § 2 (part), 1995).
“Front yard” means an open area extending across the full width of the lot and lying between the front line of the lot and the front building setback line. (Ord. 948 § 2 (part), 1995).
“Rear yard” means an open area between the side yard lines and lying between the rear line of the lot and the nearest point of the building, including porches as a part of the building. (Ord. 948 § 2 (part), 1995).
“Side yard” means an open area between the side line of the lot and the nearest point of the building, exclusive of eaves or cornices on pitched roofs, and extending from the front yard to the rear lot line. (Ord. 948 § 2 (part), 1995).
“Zone” means an area within which certain uses of land and buildings are permitted and certain others are prohibited, yards and other open spaces are required, lot areas, building height limits, and other requirements are established, all of the foregoing being identical for the zone in which they apply. (Ord. 948 § 2 (part), 1995).
For the purposes of this title certain words and terms are defined as set forth in this chapter.
Words used in the present tense include the future; words in the singular number include the plural; and words in the plural include the singular. (Ord. 948 § 2 (part), 1995).
“Accessory use or building” means a subordinate use or building customarily incidental to and located upon the same lot occupied by the main use or building. (Ord. 948 § 2 (part), 1995).
“Adjoining” and “adjacent” mean lying near, close or contiguous, neighboring. (Ord. 948 § 2 (part), 1995).
“Adult family home” means a regular family abode of a person or persons 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. (Ord. 1237 § 2 (part), 2007).
“Agriculture” means the business of cultivating land, or employing it for the purposes of husbandry; the cultivation and fertilization of the soil as well as caring for and harvesting the crops. (Ord. 948 § 2 (part), 1995).
“Alley” means a street or public way which affords only a secondary means of access to abutting property. (Ord. 948 § 2 (part), 1995).
“Alter” or “alteration” as applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities or an enlargement, whether by extending on a side, or increasing in height, or the moving from one location or position to another. “Alter” in its various moods and tenses and its participial forms refers to the making of any alteration or change. (Ord. 948 § 2 (part), 1995).
“Apartment” means a room or suite of rooms, other than a hotel, equipped with a stove for cooking and a kitchen sink which is occupied or which is intended or designed to be occupied by one family for living and sleeping purposes, and does not necessarily constitute the main occupancy of the building. (Ord. 1237 § 1 (part), 2007: Ord. 948 § 2 (part), 1995).
“Apartment house” means a building used or intended to be used as the home of three or more families or householders living independently of each other each having its own separate complete housekeeping units. (Ord. 948 § 2 (part), 1995).
“Auto wrecking yard” means an open area used for dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles for their parts. (Ord. 948 § 2 (part), 1995).
“Basement” means that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is greater than the vertical distance from grade to ceiling. (Ord. 948 § 2 (part), 1995).
“Batch” means any waste that is generated less frequently than once a month. (Ord. 948 § 2 (part), 1995).
“Boarding house” or “group home” means a building, other than a hotel, where overnight lodging is provided for compensation, and the guests share a common kitchen or dining area. (Ord. 1237 § 2 (part), 2007).
“Building” means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. (Ord. 948 § 2 (part), 1995).
“Bunk house” or “hostel” means a building, other than a hotel, where overnight lodging is provided for compensation and any room contains more than two beds or provisions for more than four guests. (Ord. 1237 § 2 (part), 2007).
“Business” or “commerce” when used in this title means the engaging in the purchase, sale, barter or exchange of goods, wares or merchandise; and the maintenance or operation of offices or recreational or amusement enterprises. (Ord. 948 § 2 (part), 1995).
“Caretaker residence” means a building or a portion of a building secondary and incidental to a business which does not display traditional residential characteristics and is occupied by the business owner or an employee of the business owner for overnight security purposes. (Ord. 1237 § 2 (part), 2007).
“City council” means the city council of the city of Othello. (Ord. 948 § 2 (part), 1995).
“Clinic” means a building designed and used for the medical and surgical diagnosis and treatment of persons as outpatients under the care of doctors, dentists, physical therapists and nurses. (Ord. 948 § 2 (part), 1995).
Whenever “commission” is used in this title, it refers to the city planning commission. (Ord. 948 § 2 (part), 1995).
“Comprehensive plan” means the master land use plan of Othello, providing for the orderly physical development of the city. (Ord. 948 § 2 (part), 1995).
“Conditional use” means a use permitted in one or more classifications as defined by this title but which use, because of characteristics peculiar to it, or because of size, technological processes or type of equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities, requires a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same zone or zones, and to assure that such use shall not be inimical to the public interest. (Ord. 948 § 2 (part), 1995).
“Convalescent, nursing and rest home” means an establishment which provides full-time convalescent or chronic care or both for patients who are not related by blood or marriage to the operator and who, by reason of illness or infirmity, are unable to care for themselves. (Ord. 948 § 2 (part), 1995).
“Coverage” means that percentage of the plot or lot area covered by the building area. (Ord. 948 § 2 (part), 1995).
“Dangerous waste” means those solid wastes designated in WAC 173-303-070 through 173-303-103 as dangerous or extremely hazardous waste (WAC 173-303-040). (Ord. 948 § 2 (part), 1995).
“Day care facility” means an agency regularly providing care for a group of children for periods of less than twenty-four hours. Separate requirements are adopted for the following subcategories of day care centers:
(1) A “day care center” provides for the care of thirteen or more children. 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.
(2) A “mini day care program” means:
(A) A day care center for the care of twelve or fewer children cared for on a full-time basis and such other children cared for on a part-time basis, characterized as drop ins, as is allowed by the rules of the state of Washington, Department of Social and Health Services in a facility other than the family abode of the person or persons under whose direct care and supervision the child is placed;
(B) For the care of from seven through twelve children cared for on a full-time basis and such other children cared for on a part-time basis, characterized as drop ins, as is allowed by the rules of the state of Washington, Department of Social and Health Services in the family abode of such person or persons.
(3) A “family day care home” means a home regularly providing care during part of the twenty-four-hour day to six or fewer children cared for on a full-time basis and such other children cared for on a part-time basis, characterized as drop-ins, as is allowed by the rules of the state of Washington, Department of Social and Health Services. (Ord. 948 § 2 (part), 1995).
“Density” means a measure that, in terms of development, can include the ratio of dwelling unit per lot area or per acre, square feet of building floor area per lot area, people per square feet of building floor area or per acre, etc. (Ord. 948 § 2 (part), 1995).
“Dormitory” or “fraternity” means a building, other than a hotel, where overnight lodging is provided for compensation, and a majority of the guests stay more than a month at a time. (Ord. 1237 § 2 (part), 2007).
“Single-family dwelling” means a building designed or used for residence by not more than one family and containing only one dwelling unit. (Ord. 1237 § 2 (part), 2007).
“Established grade” means the curb line grade at the front lot lines as established by the city. (Ord. 948 § 2 (part), 1995).
“Frontage” means all the property abutting on one side of a street between two streets which intersect it, measured along the street line. (Ord. 948 § 2 (part), 1995).
“Front property line” means the front lot line as shown on the official recorded plat of the property, and as modified by any subsequent vacation, condemnation or conveyance for public purposes. In the case of unplatted property or in case the front property line of platted property cannot be determined from the recorded plat, the planning commission shall determine the front property line, for the purposes of this title. In making such determination, the commission shall take into consideration the character and location of all neighboring improvements and the character of the buildings proposed to be built on the lot, and shall designate the front property line which most nearly conforms to the existing conditions of platting and/or improvements and the spirit and purpose of the zoning regulations applied in the surrounding district. (Ord. 948 § 2 (part), 1995).
“Front street” means the street which contains the most facing lots or lineal footage in a block. (Ord. 948 § 2 (part), 1995).
“Private garage” means a garage with capacity for not more than three self-propelled vehicles, and used for storage only. (Ord. 948 § 2 (part), 1995).
“Public garage” means any premises, used for the rental, storage or housing of more than two self-propelled vehicles, or where vehicles are repaired, sold or kept for hire. (Ord. 948 § 2 (part), 1995).
“Gas station” means any area of land, including the structures thereon, that is used for the sale of gasoline or other motor fuel oils, lubricants and auto accessories and which may or may not include washing, lubricating, and other minor servicing but no painting operation. (Ord. 948 § 2 (part), 1995).
“Generator” 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 Regulations, Chapter 173-303 WAC (WAC 173-303-040). (Ord. 948 § 2 (part), 1995).
“Grade” means the average of the finished ground level at the center of all walls of a building. In case the walls are parallel to and within five feet of a sidewalk, the aboveground level shall be measured at the sidewalk. (Ord. 948 § 2 (part), 1995).
“Greenbelts” are characterized as swaths of greenery which serve as buffers between incompatible land uses, and where development is controlled to help maintain environmentally sensitive conditions, and areas of natural landscaping and wildlife habitat. They are areas, either publicly or privately owned, which have been designated by the city. (Ord. 948 § 2 (part), 1995).
“Commercial greenhouse” means an establishment where flowers, shrubbery, vegetables, trees and other horticultural and floricultural products are grown both in the open and in an enclosed building for sales on a retail or wholesale basis. (Ord. 948 § 2 (part), 1995).
“Hazardous substance” means any liquid, solid, gas, sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste (RCW 70.105.010). (Ord. 948 § 2 (part), 1995).
“Hazardous waste” means and includes all dangerous and extremely hazardous waste (RCW 70.105.010). (Ord. 948 § 2 (part), 1995).
“Building height” or “height of building” means the vertical distance at the center of a building’s principal front, measured from the established grade to the highest point of the roof beams in the case of flat roofs, to the deck line of mansard roofs, or to the center height between eaves and ridges for gable, hip or gambrel roofs. For buildings set back from the street line, the height may be measured from the average elevation of the finished grade along the front of the building. (Ord. 1634 § 6, 2025; Ord. 948 § 2 (part), 1995).
“Heliport primary surface” means the area of the primary surface coincides in size and shape with the designed takeoff and landing area of a heliport. This surface is a horizontal plane at the elevation of the established heliport elevation. (Ord. 948 § 2 (part), 1995).
“Home occupation” means business conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the dwelling for dwelling purposes and does not change the character thereof. (Ord. 948 § 2 (part), 1995).
“Hospital” means a building designed and used for the medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes and clinics are not included. (Ord. 948 § 2 (part), 1995).
“Hotel” or “motel” means a building used to accommodate overnight guests, but “hotel” or “motel” does not include any of the following: bed and breakfast; bunk house or hostel; apartment; dormitory or fraternity; group home or boarding house; resort, vacation lodge or condominium timeshare; temporary shelter; caretaker residence; licensed care facility; or recreational vehicle park. (Ord. 1237 § 1 (part), 2007: Ord. 948 § 2 (part), 1995).
“Interim status permit” means a temporary permit given to treatment, storage and disposal facilities which qualify under WAC 173-303-805 (WAC 173-303-040). (Ord. 948 § 2 (part), 1995).
“Junkyard” means a lot, land or structure, or part thereof, used for the collecting, storage and sale of waste paper, rags, scrap metal or discarded materials, or for the collecting, dismantling, salvaging or sale of parts of machinery or vehicles not in running condition. (Ord. 948 § 2 (part), 1995).
Kennels include commercial kennels defined as:
(a) “Commercial kennel” means a place where dogs and/or cats are kept by persons for breeding, with the offspring offered for sale, or where such dogs and/or cats are received for care, training and boarding for compensation. (Ord. 1340 § 1, 2010: Ord. 948 § 2 (part), 1995).
“Licensed care facility” means a building, other than a hotel, where overnight lodging is provided for compensation and which facility is licensed by the state of Washington for overnight caregiving, including an adult family home if so licensed. (Ord. 1237 § 2 (part), 2007).
“Livestock” means horses, bovine animals, sheep, goats, swine, donkeys, mules and buffalo. (Ord. 948 § 2 (part), 1995).
“Lot” means land occupied or to be occupied by a building and its accessory buildings, including such open spaces as are required under this title, and having frontage upon a street or alley. (Ord. 948 § 2 (part), 1995).
“Corner lot” means a lot of which at least two adjacent sides abut for their full length upon a street. (Ord. 948 § 2 (part), 1995).
“Lot coverage” means the percentage of the lot area that is occupied by the ground area of a building and its accessory buildings, if any. (Ord. 948 § 2 (part), 1995).
“Lot depth” means the mean dimension of the lot from the front street line to the rear line. (Ord. 948 § 2 (part), 1995).
“Lot line” means that line bounding a lot as described in the deed, or as shown on a recorded plat. (Ord. 948 § 2 (part), 1995).
“Lot width” means the dimension of the lot line at the street, or in an irregularly shaped lot, the dimension across the lot at the building line, or in a corner lot the narrow dimension of the lot at a street or building line. (Ord. 948 § 2 (part), 1995).
“Main building” means a building used for the primary or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory. (Ord. 948 § 2 (part), 1995).
The “mean depth” of a lot means the depth of the lot measured on a line approximately perpendicular to the fronting street and midway between the side lines of the lot. (Ord. 948 § 2 (part), 1995).
“Nonconforming use” means a building, lot or parcel which does not conform to the present bulk requirements of the zone where it is located, but which previously conformed to the bulk requirements of the zone where it is located and its continued use has been in conformance with city ordinances governing the continuation of nonconforming uses, and it means a use of a building, lot or parcel which does not conform with the regulations of the zone in which it is located. (Ord. 948 § 2 (part), 1995).
“Nursery” means any land used to raise trees, shrubs, flowers and other plants, for sale or for transplanting. (Ord. 948 § 2 (part), 1995).
“Obstruction” means any structure, growth, or other object including a mobile object, which exceeds a limiting height set forth. (Ord. 948 § 2 (part), 1995).
“Occupancy” means the purpose for which a building is used or intended to be used. The term also includes the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. (Ord. 948 § 2 (part), 1995).
“Off-site” means hazardous waste treatment and storage facilities that treat and store waste from generators on properties other than those on which the off-site facilities are located. (Ord. 948 § 2 (part), 1995).
“On-site” means the same, geographically contiguous, or bordering property. On-site hazardous waste treatment and storage facilities treat and store wastes generated on the same property. (Ord. 948 § 2 (part), 1995).
“Open space (greenbelt)” means space which is not used for buildings or structures. It may be air, land or water. (Ord. 948 § 2 (part), 1995).
An “overlay” consists of a mapped area that has special requirements in addition to those of the underlying zone. Development within the overlay must conform to the requirements of both the underlying zone and the overlay, or to the more restrictive of the two. (Ord. 948 § 2 (part), 1995).
“Parking space” means an off-street space, normally ten feet by twenty feet used to temporarily park a motor vehicle and having access to a public street or alley. (Ord. 948 § 2 (part), 1995).
“Permanent occupancy” means a residence inhabited year round by its occupants. (Ord. 948 § 2 (part), 1995).
“Person” means an individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them. (Ord. 948 § 2 (part), 1995).
“Planned development” means a process which allows for flexibility in the grouping, placement, size and use of structures on a fairly large tract of land. A PD is developed as a single proposal, using a process which incorporates design review and public participation. (Ord. 948 § 2 (part), 1995).
“Planning commission” means the planning commission of the city of Othello, Washington. (Ord. 948 § 2 (part), 1995).
“Plat” 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, and which plat was properly approved and recorded under all applicable city ordinances and state laws. (Ord. 948 § 2 (part), 1995).
“Porch” means a roofed or unroofed open structure projecting from the front, side or rear wall of a building and having no enclosed features of glass, wood, or other material more than thirty inches above the floor thereof, except wire screening and the necessary columns to support the roof. (Ord. 948 § 2 (part), 1995).
“Premises” means a house or building with the grounds, etc. belonging to it. (Ord. 948 § 2 (part), 1995).
“Principal use” means the primary purpose or function that a lot serves or is intended to serve. (Ord. 948 § 2 (part), 1995).
“Processing or handling of hazardous substances” means the use, storage, manufacture, production, or other land use activity involving hazardous substances. Hazardous substances processing and handling activities are normally found in commercial, manufacturing and industrial zones. It does not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container. (Ord. 948 § 2 (part), 1995).
“Professional office” means the office of a person engaged in any occupation, vocation or calling, not purely commercial, mechanical or agricultural in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an act founded thereon. (Ord. 948 § 2 (part), 1995).
“Public facilities” mean facilities owned by the public or private enterprise and operated for the benefit of the community. This also includes, but is not limited to schools, libraries, fire stations, water and sewage systems, police stations, cemeteries, refuse disposal, and power systems. (Ord. 948 § 2 (part), 1995).
“Public utility functions” mean those functions relating to publicly operated utilities including but not limited to water, electric and sewage systems. (Ord. 948 § 2 (part), 1995).
“Recreational vehicle park” means any plot, tract, site or premises or ground one acre or more, where accommodation is available for two or more families to establish temporary or semi-permanent residences in recreational vehicles, whether or not the wheels have been removed from the recreational vehicles for a period of one month or more. (Ord. 1237 § 1 (part), 2007: Ord. 948 § 2 (part), 1995).
“Recreational vehicle lot” means a designated portion of the park designed for the accommodation of one recreational vehicle and its accessory structures. (Ord. 948 § 2 (part), 1995).
“Recreational vehicle” means a vehicular type unit primarily designed for its own motive power or is mounted on or towed by another vehicle. The basic entities are: travel trailer, folding camper trailer, park recreational trailer, fifth-wheel trailers, truck camper, motor home, and multi-use vehicles as defined in Chapters 296-150P and 296-150R WAC. (Ord. 1237 § 1 (part), 2007: Ord. 948 § 2 (part), 1995).
“Resort” or “timeshare condominium” means a building, other than a hotel, where overnight lodging is provided for compensation in conjunction with recreational amenities, such as golf, fishing, hunting, gaming, spa resort, fitness or similar leisure activities. (Ord. 1237 § 2 (part), 2007).
“Roadside stand” means an area and/or structure, with no space for customers within the structure itself, for the display and sale of agricultural products. (Ord. 948 § 2 (part), 1995).
“Sanitary landfill” means a method of refuse disposal utilizing open trenches which are filled with garbage or refuse and subsequently covered with earth daily. (Ord. 948 § 2 (part), 1995).
“Side street” or “flanking street” means a street, public or private, which abuts a property in addition to another street and which intersects the other street at a property corner. In determining the front yard and building line, the front street shall be the determining factor. (Ord. 948 § 2 (part), 1995).
“Sign” means any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public. This term shall include signboards and billboards. (Ord. 948 § 2 (part), 1995).
“Dangerous waste storage” means the holding of dangerous waste for a temporary period. Accumulation of dangerous waste by the generator on the site of generation is not storage as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201. (Ord. 948 § 2 (part), 1995).
“Story” means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it. (Ord. 948 § 2 (part), 1995).
“Street” means a public or private dedicated or deeded thoroughfare which affords principal means of access to abutting property. (Ord. 948 § 2 (part), 1995).
The streetscape is the visual character of a street as determined by various elements such as structures, greenery, open space, view, etc. (Ord. 948 § 2 (part), 1995).
“Surface impoundment” means a facility or part of a facility which is a natural topographic depression, manmade excavation, or diked area formed primarily of earthen materials (although it may be lined with manmade materials), and which is designed to hold an accumulation of liquid dangerous wastes or dangerous wastes containing free liquids. This term includes holding, storage, settling, and aeration pits, ponds or lagoons (WAC 173-303-040). (Ord. 948 § 2 (part), 1995).
An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines. (Ord. 948 § 2 (part), 1995).
“Theater” means a structure used for dramatic, operatic, motion pictures, or other performances, for admission to which entrance money is received and no audience participation or meal service is allowed. (Ord. 948 § 2 (part), 1995).
“Outdoor drive-in theater” means an open lot or part thereof, with its appurtenant facilities devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to persons seated in automobiles or on outdoor seats. (Ord. 948 § 2 (part), 1995).
“Tract” has the same meaning as lot. (Ord. 948 § 2 (part), 1995).
“Treatment” 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, amenable for storage, or reduced in volume. (Ord. 948 § 2 (part), 1995).
“Tree” means a woody perennial plant with one main stem or trunk which develops many branches. (Ord. 948 § 2 (part), 1995).
“Urban trail” means an extended and usually continuous strip of land or water, used primarily for recreational travel. Urban trails may serve different user groups, such as pedestrians, bicyclists, and to a more limited extent canoeists. (Ord. 948 § 2 (part), 1995).
“Use” means the purpose for which land or building is arranged, designed or intended, or for which either is or may be occupied or maintained. (Ord. 948 § 2 (part), 1995).
“Prohibited uses” are those uses not specifically enumerated as permitted uses. Prohibited uses are listed in this title for purposes of clarity and emphasis only. Prohibited uses mentioned include but are not limited to the enumerated prohibited uses. (Ord. 948 § 2 (part), 1995).
“Variance” means a granting of relief from the terms of this title, the official map ordinance or other land use regulation of the city under the procedures set forth in Chapter 2.16 and state law by the hearing examiner or as otherwise provided by ordinance by the planning commission or city council. (Ord. 1305 § 2, 2009; Ord. 948 § 2 (part), 1995).
“Waste pile” means any noncontainerized accumulation of solid, nonflowing waste that is used for treatment or storage (WAC 173-303-040). (Ord. 948 § 2 (part), 1995).
“Yard” means an unoccupied space open to the sky, on the same lot with a building or structure. (Ord. 948 § 2 (part), 1995).
“Front yard” means an open area extending across the full width of the lot and lying between the front line of the lot and the front building setback line. (Ord. 948 § 2 (part), 1995).
“Rear yard” means an open area between the side yard lines and lying between the rear line of the lot and the nearest point of the building, including porches as a part of the building. (Ord. 948 § 2 (part), 1995).
“Side yard” means an open area between the side line of the lot and the nearest point of the building, exclusive of eaves or cornices on pitched roofs, and extending from the front yard to the rear lot line. (Ord. 948 § 2 (part), 1995).
“Zone” means an area within which certain uses of land and buildings are permitted and certain others are prohibited, yards and other open spaces are required, lot areas, building height limits, and other requirements are established, all of the foregoing being identical for the zone in which they apply. (Ord. 948 § 2 (part), 1995).