Terms that are not specifically defined below are to be understood according to the common meaning in
use in the city, as interpreted by the
Administrator.
"Active recreation"means activities that refresh or restore one's strength, spirits or vitality through physical movement or action.
"Administrator"means the mayor of the City of Ritzville or designee appointed to administer provisions of this chapter.
"Affordable housing"means:
1. Housing renting for a monthly rent, including an appropriate
utility allowance, of not more than 30% of the total monthly household income of low-income households (defined to be a household earning 80% or less of the median annual income, adjusted for household size, as determined by the United
States Department of Housing and Urban
Development for the Seattle Metropolitan Statistical Area); or
2. Housing that
may be purchased with monthly payments including: principal, interest, taxes, insurance, homeowners association fees, and assessments, that do not add up to more than 30% of the total monthly household income of low-income households (defined to be a household earning 80% or less of the median annual income, adjusted for household size, as determined by the United
States Department of Housing and Urban
Development for the Seattle Metropolitan Statistical Area); or
3. Housing that is at 100% of the median annual income (such housing
may not be eligible for the subsidies that more
affordable housing can earn).
"Airport"means any runway, landing facility, or any other facility including taxiways, aircraft storage and tiedown areas, hangars, and other necessary
buildings and open areas designed to be used for the landing, taking off and storage of aircraft.
"Alley"means a public
right-of-way not over 30 feet wide which affords, generally, a secondary means of access not intended for general traffic circulation (see Figure 3 in Appendix A).
"Alteration"means a movement of the components of a
structure which changes its height, width, or depth, the moving of a
structure from one location to another, or the moving of internal partitions which could affect the structural integrity of the
building or more than one-third of a single floor.
"Amendment"means a change in the wording, context or substance of this title including any changes to the maps associated with this title.
"Annexation"means new areas or territory added to the City of Ritzville that will revise and expand the existing corporate limits.
"Antenna"means the outdoor portion of receiving equipment used for the reception or transmission of television, radio, or cell waves.
"Appeal"means a request for a review of the interpretation of any provision of this title or a request for a
variance.
"Applicant"means a
person who files an application for permit under this chapter and who is either the
owner of the land on which that proposed activity would be located, a lessee of the land, the
person who would actually control and direct the proposed activity or the authorized agent of such a
person.
"Aquifer recharge"means the process of infiltration and migration of which ground water is replenished.
"Aquifers"refers to ground water-bearing geologic formations that contain enough saturated permeable material to yield significant quantities of water to wells.
Area, Sign."
Sign area" means, for regularly shaped
signs, the simple area of the
sign. For irregularly shaped
signs, the area
shall be that of the rectangle, triangle, or circle (whichever is smaller), which will wholly contain the
sign. In the case of a wall mural incorporating commercial wording, the
sign area includes only the portion of the mural which contains the wording circumscribed as set forth in this definition.
"Best available science"means using the most current, widely accepted scientific data, research, studies, and/or reports in making land
use and policy decisions when designating and protecting environmentally sensitive areas. See WAC
365-195-900.
"Best management practices"means conservation practices or systems of practices and management measures that:
1. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxins, and sediment; and
2. Minimize adverse
impacts to surface water and ground water flow, circulation patterns, and to the chemical, physical and biological characteristics of the natural environment.
"Billboard sign"means a
sign which directs attention to a
business, product, activity, or service which is not conducted, sold, or offered on the premises where the
sign is located (off-premises
sign).
"Binding site plan"means a drawing to scale depicting
lots for sale, lease or transfer of
property and
property rights from one
person, firm or corporation to another as well as a developer agreement. A
binding site plan identifies and shows the areas and locations of all
streets, roads, improvements, utilities, open spaces, and any other matters specified by the local regulations. It contains inscriptions or attachments setting forth such appropriate limitations and conditions for the
use of the land as are established by the city in approving the site plan; and contains provisions making any
development be in conformity with the site plan.
"Boardinghouse"means a
building or portion of a
building other than a
hotel, including but not limited to bed and breakfast facilities, where lodging and meals are provided for compensation.
"Bond"means any form of financial security acceptable to the city attorney and in an amount consistent with the provisions of these regulations. All
bonds shall be approved by the city
council whenever a
bond is provided for by these regulations.
"Buffer"means a horizontal distance measured perpendicularly from a
property line which is required of a
property owner to reduce the
impacts of proposed
uses on adjacent
property or natural features by blocking or reducing noise, glare or other emissions or to maintain privacy.
"Buffer management"means actions and practices conducted for the purpose of protection and enhancement of
critical areas by moderating or eliminating adverse
impacts from adjacent land(s) or areas to create a
buffer from encroachment by urban growth areas.
"Bulk plant"means an establishment where flammable liquids are received by pipeline, tank car or tank vehicle, and are stored or blended in bulk for the purpose of distributing such liquids by pipeline, tank car, tank vehicle or container, to users or distributors.
"Business" or "commerce"means the purchase, sale, offering for sale or any other transaction involving the handling, disposition of any article, service, substance or commodity for livelihood or profit.
"Candidate species"means a
native species under review for possible listing as endangered, threatened, or sensitive. A species will be considered for candidate designation if sufficient scientific evidence suggests that its status
may meet criteria defined for "endangered," "threatened" or "sensitive." Currently listed
state threatened or
state sensitive species may also be designated as
state candidate species if their status is in question.
"Cargo container"means a metal unit originally or specifically used or designed to store goods or merchandise for shipping or hauling by vehicle, including but not limited to rail cars of any kind, truck trailers or multimodal shipping containers.
"Cemetery"means land used or intended to be used for the burial of the human dead.
"Church"means a
structure intended for the
use as a place for religious worship and containing spaces incidental to this
use including residential
uses for nuns and clergy but excluding training facilities for religious orders.
"City engineer"means professional engineer designated by the City of Ritzville to assist the City of Ritzville in the design, construction, operation, and maintenance of the city's infrastructure.
"Clear view area"means a triangular area on the corner of all
lots surrounding the intersection of two
streets where, for safety reasons, landscaping and
structures must be designed and maintained to permit clear vision of approaching traffic.
"Clinic"means a
building or portion of a
building containing offices designed and used for providing dental, medical, psychiatric, or surgical diagnosis and/or treatment services for outpatients only.
"Clustering"means a form of land
development in which principal
buildings and
structures are grouped together on a site, thus saving the remaining land area for common open space, conservation, agriculture, recreation, and public and semipublic
uses.
"Code"means the Ritzville City
Code and/or ordinances.
"Community and cultural services"means facilities primarily engaged in the provision of services that are strongly associated with community, social, or public importance.
"Comprehensive plan"means the City of Ritzville's document which establishes policies and goals for the
use of land and other resources of the city, and any
amendments or supplements adopted pursuant to Chapter
36.70A RCW.
"Conditional use permit"means a permit which
may be granted by the city for
uses which are of similar character, would not be detrimental to the public health, safety, morals, and general welfare, and are not specifically mentioned elsewhere in this title.
"Day care facility"means any facility offering day or after school care for children including nurseries, nursery schools, or private kindergartens.
"Dedication"means a deliberate appropriation of land or rights in land by an
owner for any general and public
use(s), reserving no other rights than such as are compatible with the full exercise and enjoyment of the public
uses to which the
property has been devoted. The intention to dedicate
shall be evidenced by the
owner presenting for filing a
plat showing the
dedication thereon; and the acceptance by the public
shall be evidenced by the approval of such
plat.
"Development"means any manmade change to improved or unimproved real estate, including but not limited to
buildings or other
structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
"Drive-thru businesses"means service-related businesses primarily designed to serve customers seated in their vehicles.
"Dwelling unit"means one or more rooms, designed, occupied or intended for occupancy as a separate living quarter, with cooking, sleeping, and bathroom facilities for
use by a
family or household.
"EIS"means an environmental
impact statement; a detailed document which analyzes the significant
impacts of a particular project or proposal, possible alternatives,
mitigation measures and unavoidable environmental
impacts.
"Electric sign"means any
sign containing electric wiring. This does not include
signs illuminated by an exterior floodlight source.
"Emergency maintenance"means relief of an imminent and severe threat to public safety or
property, including power lines, caused by the condition of a public tree or private tree.
"Erosion hazard areas"are those areas containing soils which, according to the United
States Department of Agriculture Natural Resources Conservation Service Soil Survey Program,
may experience significant erosion.
Erosion hazard areas also include coastal erosion-prone areas and channel migration
zones.
"Exotic species"means any introduced species of plant or animal occurring in Washington, not found historically in the
state.
"Family"means a group of individuals not necessarily related by blood, marriage or legal custody, living together in a
dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.
"Fence"means a wall or barrier for the purpose of enclosing space or separating
parcels of land.
"Fish and wildlife habitat conservation areas"(also referred to as
habitat conservation areas) are areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered,
may reduce the likelihood that the species will persist over the long term. These areas
may include, but are not limited to:
3. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish and wildlife habitat;
5. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity;
6. State natural area preserves and natural resource conservation areas.
"Flat wall sign"means a
sign affixed directly to or painted on or otherwise inscribed on an exterior wall and confined within the limits thereof, of any
building, and which projects from that surface less than 12 inches at all points.
"Flood"means a general and
temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation of runoff of surface waters from any source.
"Flood damage"means harmful inundation, water erosion of soil, stream banks and beds, stream channel shifting and changes, harmful deposition by water of eroded and shifted soils and debris upon
property or in the beds of streams or other bodies of water, damage by high water to public roads,
streets, highways, bridges, utilities,
structures, and to works built for protection against
flood or inundation, the interruption by
floods of travel, communication and
commerce, and all other high water influences which injuriously affect the public health and the safety of
property.
"Flood hazard district"means that area identified by the U.S. Army Corps of Engineers, the U.S. Department of Housing and Urban
Development, or the Natural Resources Conservation Service which encompasses the area of the floodplain and has special
flood hazards and is divided into the
floodway and the
floodway fringe.
Flood, 100-Year."One-hundred-year
flood" means the highest level of flooding that, on the average, is likely to occur once every 100
years.
"Floodway"means the regular stream channel plus that portion of the floodplain which would contain deep or fast-flowing water during a
100-year flood and is required to carry and discharge the floodwaters.
"Floodway fringe"means that portion of the floodplain which would be inundated by the
100-year flood but would not contain deep or fast-moving water and would not be required to carry or discharge floodwaters.
"Footprint"means a measurement which represents the total area a
building covers to the outer edge of its foundation and structural supports, measured at ground level.
"Frequently flooded areas"include lands in the floodplain subject to a 1% or greater chance of flooding in any given
year. These areas include, but are not limited to, streams, rivers, lakes, coastal areas,
wetlands and other natural water sources.
"Functions and values"means the beneficial roles served by
wetlands, including but not limited to water quality protection and enhancement; fish and wildlife habitat; food chain support;
flood storage, conveyance and attenuation; ground water recharge; erosion control; historical, archaeological and aesthetic value protection and recreation. (These beneficial roles are not listed by priority or in order.)
"Geologically hazardous area"means an area not suited to commercial, residential or industrial
development because of its susceptibility to erosion, sliding, earthquakes or other geological events hazardous to public health and safety.
"Ground water management program"means a comprehensive program designed to protect ground water quality, to assure ground water quantity, and to provide for efficient management of water resources while recognizing existing ground water rights and meeting future needs consistent with local and
state objectives, policies and authorities within a designated ground water management area or subarea developed pursuant to Chapter
173-100 WAC.
"Hazardous tree"means a tree that poses a severe threat to public safety or
property, but the threat is not imminent enough to constitute an emergency.
"Hazardous waste treatment"means the physical, chemical or biological processing of
hazardous waste to make such waste nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume.
"Historic district"means an overlay
zone with a concentration of historic resources that has been found to meet the criteria for designation as a historic overlay district under the provisions of Chapter
11.70 RCC and has been so designated by the city
council, or a district which has been added to the National Register of Historic Places by the National Park Service.
"Hospital"means an institution which provides medical treatment on a short-term basis for people who are ill, injured, or pregnant.
"Hotel"means a
building containing five or more rooms in which lodging is provided and offered to the public for compensation and which is open to transient guests. A
hotel may or
may not include a restaurant. Rooms are generally only accessible from the interior.
"Household pet"means dogs and cats, not to exceed three, permitted in the house or
yard and kept for company or pleasure.
"Identity sign"means any
sign which carries only the name of the firm, the major enterprise or the primary product offered for sale on the premises, or a combination of these.
"Impacts"means adverse effects of one thing upon another.
"Important habitat areas"include seasonal ranges and/or habitat elements with which
species of local importance have
primary association and which, if altered,
may reduce the likelihood that the species will maintain and reproduce over the long term. Included would be areas of high relative population density or species diversity, breeding habitat, winter range and movement corridors. They would also include habitats that are of limited availability or high vulnerability to
alteration such as cliffs, talus,
wetlands, and
riparian zones.
"Indoors"means within a fully enclosed and secure
structure that complies with the International
Building Code as adopted by the City of Ritzville that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, and a foundation slab or equivalent base to which the floor is securely attached. The
structure must be secure against unauthorized entry, accessible only through two or more lockable doors, and constructed of solid materials that cannot be easily broken through. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.
"Junkyard (salvage yard)"means a place where waste or discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, including auto wrecking
yards, used lumber
yards, and
yards for
use of salvaged house wrecking and structural steel materials and equipment.
"Kennel"means a commercial establishment in which four or more dogs or domesticated animals which are five
months old or older are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation.
"Kitchen"means any room or rooms or portions thereof used or intended to be used for the cooking or preparation of food.
"Livestock"means horses, bovine animals, sheep, goats, swine, donkeys, and mules.
"Loading space"means a space on the site of
use designed to provide for the
temporary parking of vehicles while loading or unloading merchandise, materials, or passengers.
"Long-term commercial significance"means the capacity, productivity and soil composition of land for long-term commercial
production, in consideration with the land's proximity to population areas, and the possibility of more intense
uses of the land.
"Lot"means a
parcel of land under one ownership used or capable of being used under the regulations of this title, including both the
building site and all required
yards and other open spaces. In the case of division of land (Division
IV of this title), "
lot"
shall mean a fractional part of subdivided lands having fixed boundaries being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term
shall include tracts or
parcels (see Figure 3 in Appendix A).
"Lot area"means the total horizontal area within the boundary lines of a
lot.
"Lot depth"means the horizontal distance between the front and rear
lot lines measured by connecting the midpoints of the front and rear
lot lines (see Figure 3 in Appendix A).
"Manufacture"means the converting of raw materials or finished products, or any or either of them, into an article or articles or substance of a different character, or for
use for a different purpose.
"Marijuana" or "marihuana"means all parts of the plant cannabis, whether growing or not, with a THC concentration greater than 0.3% on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
"Mature tree"means trees that have reached at least 75% of their final height and spread.
"Medium tree"means any
mature tree which would reach a maximum height of 25 to 49 feet with a maximum spread of 34 feet.
"Middle housing"means
buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing.
"Mitigation"means actions which avoid, minimize, rectify, reduce, eliminate, compensate or correct otherwise probable significant adverse environmental
impacts (WAC
197-11-768).
"Mobile home"means a factory-built dwelling fabricated prior to June 15, 1976, to standards other than the Housing and Urban
Development (HUD)
Code, and acceptable under applicable
state codes in effect at the time of construction or introduction of the home into the
state.
Mobile homes have not been built since the introduction of the HUD
Manufactured Home Construction and Safety Standards Act.
"Modular home"means a
dwelling unit assembled off-site in one or more sections which complies with all local
building codes (for on-site construction) when transported to and mounted on a permanent foundation.
"Motel"means a group of attached or detached
buildings containing individual sleeping units where a majority of such units open individually and directly to the outside and are available to the public for rental.
Motels may have cooking facilities within each unit and a manager
may or
may not live on site.
"Native species"means plant or animal species naturally occurring in Washington, excluding introduced species not found historically in the
state.
"Nonconforming lot"means a
lot of record, which was lawfully established, existing and maintained at the effective date of the provisions of this title but which, because of the application of this title to it, no longer conforms to the regulations prescribed in this title for the district in which it is located.
"Nonconforming use or structure"means a
building,
structure, or land
use which was lawfully established, existing and maintained at the effective date of the provisions of this title but which, because of the application of this title to it, no longer conforms to the regulations prescribed in this title for the district in which it is located.
"Oath"includes an affirmation or declaration in all cases in which, by law, an affirmation
may be substituted for an
oath, and in such cases the words "swear" and "sworn"
shall be equivalent to the words "affirm" and "affirmed."
"Owner"means any
person, including any natural
person, joint venture, partnership, association, club, company, corporation,
business trust, government entity, or organization, or the manager, lessee, agent, officer, or employee of any of them, having any interest in the real estate in question as indicated in the records of the office of the Adams
County assessor, or who establishes, under this chapter, his or her ownership interest therein.
"Parcel"means a tract or
plat of land of any size which
may or
may not be subdivided or improved.
"Park trees"means trees, shrubs, bushes, and all other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access.
"Person"means any individual, corporation, association, firm, partnership, and the like, singular or plural.
"Potable water"means water, because of its quality, which is fit to drink and for human consumption.
"Primary association"means key habitat components that are critical to the life cycle of native wildlife species, i.e., nesting sites, wintering areas, and migration corridors. Loss of these values will result in fragmentation into subpopulations or extinction of populations from local areas.
"Priority habitats and species program"means Washington Department of Wildlife's system of classifying habitats and associated species that are of specific concern due to population status and/or sensitivity to habitat manipulation.
"Production"includes the planting, growing, harvesting, drying, or processing of
marijuana plants or any part thereof.
"Professional land surveyor"means a
person who, by reason of his or her special knowledge of the mathematical and physical sciences and principles and practices of land surveying, which is acquired by professional education and practical experience, is qualified to practice land surveying and as attested to by his or her legal registration as a
professional land surveyor.
"Projection"means a portion of a
building that extends into the
yards, but is not part of the bearing members of the
structure, and is not essential to the creation of usable space.
"Public utility"means a private
business organization such as a public service corporation performing some public service and subject to special governmental regulations, or a governmental agency performing similar public services, the services by either of which are paid for directly by the recipients thereof including, but not limited to, water supply, electric power, gas and transportation of
persons and freight.
"Publicly owned property"means
property within the city of Ritzville and owned by the city in a fee simple absolute; or implied or expressly dedicated to the public for present or future
use for purposes of vehicular or pedestrian traffic, park and open spaces or public
easements.
"Qualifying patient"1.
a. Is a patient of a health care professional;
b. Has been diagnosed by that health care professional as having a terminal or debilitating medical condition;
c. Is a resident of the
state of Washington at the time of such diagnosis;
d. Has been advised by that health care professional about the risks and benefits of the medical
use of
marijuana;
e. Has been advised by that health care professional that they
may benefit from the medical
use of
marijuana;
f. Has an authorization from his or her health care professional; or
g. Beginning July 1, 2016, has been entered into the medical
marijuana authorization database and has been provided a
recognition card; and
h. Is otherwise in compliance with the terms and conditions established in this chapter.
2. "
Qualifying patient" does not include a
person who is actively being supervised for a criminal conviction by a corrections agency or department that has determined that the terms of this chapter are inconsistent with and contrary to his or her supervision and all related processes and procedures related to that supervision.
"Recreational vehicle"means a vehicular-type portable
structure without permanent foundation or built on a single chassis; and 400 square feet or less when measured at the largest horizontal
projection. It is designed to be self-propelled or towable by a light-duty truck; and designed primarily not for
use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
"Restoration"means actions performed to reestablish
wetland functional characteristics and processes which have been lost by
alterations, activities or catastrophic events within an area which no longer meets the definition of a
wetland.
"Riparian"means of, on, or pertaining to the bank of a natural course of water.
"Roofline"means either the edge of the roof or the top of the parapet, whichever forms the top line of the
building silhouette, and, where a
building has several roof levels, this roof or parapet
shall be the one belonging to that portion of the
building on whose wall the
sign is located.
"Screen"means a vertical barrier located in a limited space intended to provide a buffering effect to reduce noise or create visual separation and made of existing or planted vegetation, hedges, walls, earth berms or similar techniques.
"Sensitive species"means a
native species that is vulnerable or declining and is likely to become endangered or threatened in a significant portion of its range without cooperative management or removal of threats.
"Service station"means a retail establishment for the sale on the premises of motor vehicle fuel and other petroleum products and automobile accessories, and for the washing, lubrication, and minor repair of automobile vehicles.
"Short subdivision"means the division or redivision of land into four or fewer
lots, tracts,
parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.
"Sign"means any letters, figures, design, symbol, trademark, or any illuminating device intended to attract attention to any place, subject,
person, firm, corporation, public performance, article, machine, or merchandise whatsoever and painted, printed, or constructed and displayed in any manner whatsoever out of doors for recognized advertising purposes. However, this
shall not include any official court or public notices nor the flag, emblem, or insignia of a government, school, or religious group when displayed for official purposes. Interior
signs, if located on a window or within a distance equal to the greatest dimension of the window and if obviously intended for viewing from the exterior,
shall be considered an exterior
sign for purposes of this
code (see Figure 5 in Appendix A).
Sign, Temporary."
Temporary sign" means a banner, pennant, poster, or advertising display constructed of cloth, canvas, plastic sheet, cardboard, wallboard, or other like materials and intended to be displayed for a limited period of time.
"Significant tree"means an existing deciduous or coniferous tree six inches or more in diameter measured four feet six inches above the adjacent
grade, of any species suitable for inclusion as permanent landscaping in a project. This also includes unusual, historic heritage or rare trees.
"Sole source aquifer"means an
aquifer designated by EPA as the sole or principal source of drinking water for a given
aquifer service area; this is an
aquifer which is needed to supply 50% or more of the drinking water for that area and for which there are no reasonably available alternative sources should the
aquifer become contaminated.
"Start of construction"means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for a
basement, footings, piers, or foundations or the erection of
temporary forms; nor does it include the installation on the
property of accessory
buildings, such as garages or sheds not occupied as
dwelling units or not part of the main
structure. For a
substantial improvement, the "actual
start of construction" means the first
alteration of any wall, ceiling, floor, or other structural part of a
building, whether or not that
alteration affects the external dimensions of the
building.
"State-listed monitor species"1. Were at one time classified as endangered, threatened, or sensitive;
2. Require habitat that has limited availability during some portion of its life cycle;
3. Are indicators of environmental quality;
4. Require further field investigations to determine population status;
5. Have unresolved taxonomy which
may bear upon their status classification;
6. May be competing with and having
impacts on other species of concern; or
"Story"means that portion of a
building included between the surface of any floor and the surface of the floor next above or, if there is no floor above it, the space between the floor and the ceiling next above.
"Street"means a public or recorded private thoroughfare which affords primary access to abutting
property.
"Street trees"means trees, shrubs, bushes, vines, and all other woody vegetation on
publicly owned property or on private land that is an obstruction within the public rights-of-way within the city.
"Structure"means anything constructed in the ground, anything erected which requires location on the ground or water or is attached to something having location on the ground, but not including
fences less than six feet in height or paved areas.
"Studio"means an apartment without any traditional bedrooms, generally one room with a
kitchen and bathroom.
"Stumps"means the lower portion of the tree up to a maximum height of four feet, which remains after the foliage, limbs, branches, and the upper part of the trunk have been cut off.
"Substantial improvement"means any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement is started or if the
structure has been damaged and is being restored, before the damage occurred.
"Threatened species"means a
native species that is likely to become endangered within the foreseeable future throughout all or a significant portion of its range without cooperative management or removal of threats.
"Trade or business school"means a school conducted as a commercial enterprise for teaching instrumental and vocal music, dancing, barbering or hairdressing, or for teaching skills in which machinery is employed as a means of instruction.
"Tree board"means the named advisory board which reports to the city
council and acts in an advisory capacity on the community forestry program.
"Tree topping"shall be herein defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.
"Type I review"means the review and administrative process involving an application that is subject to clear, objective and nondiscretionary standard or standards that require the exercise of professional judgment about technical issues.
"Type II review"means the review and quasi-judicial process involving an application that is subject to objective and subjective standards that require the exercise of substantial discretion and about which there
may be a broad public interest.
"Type III review"means the review and legislative process involving the creation, implementation or
amendment of policy or law by ordinance. The subject of a Type III process applies to a relatively large geographic area.
"Use"means the nature of the occupancy, the type of activity, or the character and form of improvements to which land is devoted or
may be devoted.
"Utility"means a public service or quasi-public service operated to provide the necessary functions for the whole community. The term "
utility" includes water, sewer, gas, electric, telephone, and cable TV facilities.
"Variance"means an adjustment, which requires review by the
planning commission, in the specific regulations of this title regarding a piece of
property where the strict application of the
development standards would cause undue hardship to the
owner as a result of existing physical constraints on the
property.
Vehicles, Sign."
Sign vehicles" means automobiles, trucks, trailers, railroad cars, construction equipment, and other such mobile equipment whose major purpose is other than the display of advertising.
"Vernal pools"are precipitation-based, seasonal
wetlands. For the purposes of this
code,
vernal pools shall only include scab rock and rain pool vernal as described in the Eastern Washington
Wetland Rating System. The
following is from page 80 of the manual:
To be classified as a vernal pool the
wetland should be less than 4,000 sq. feet, and meet at least two of the
following criteria:
1. Its only source of water is rainfall or snowmelt from a small contributing basin and has no groundwater input. The
wetland will typically lie in areas where the basalt has been exposed by the ice age
floods. It has formed in a small surface depression in the basalt and does not have an outlet.
2. Wetland plants are typically present only in the spring; the summer vegetation is typically upland annuals. The water is present in the
wetland for only short periods of time, usually less than 120 days.
Wetland plants will be found only during the time of standing water or immediately afterwards. NOTE: If you find perennial, "obligate,"
wetland plants, the
wetland is probably NOT a vernal pool.
3. The soils in the
wetland are shallow (< 30 cm or 1 ft deep) and are underlain by an impermeable layer such as basalt or clay. You can determine the depth of the soil by digging a small hole with a tile spade. Determining if the impermeable layer is basalt should be easy (can't dig any further) but identifying a clay layer is harder. You
may have to take some of the soil between your fingers, add water, and feel if it is "greasy" and smooth (without grit). If in doubt,
use the "ribbon test" for clay.
4. Surface water is present for less than 120 days during the "wet" season. Estimating the duration of surface water in a vernal pool
wetland is difficult unless one visits the
wetland several times and notes the time at which the
wetland fills and the time it dries out. Information about the drying and wetting cycles in the
wetland may sometimes be obtained from local residents or frequent visitors to the
wetland.
"Wellhead protection area"means the surface and subsurface area surrounding a well or well field that supplies a public water system through which contaminants are likely to pass and eventually reach the water well or well field, as has been designated pursuant to Chapter
246-290 WAC.
"Wetland" or "wetlands"means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas.
Wetlands do not include those artificial
wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities.
Wetlands include artificial
wetlands intentionally created from nonwetland areas to mitigate conversion of
wetland.
"Written"includes printed, typewritten, mimeographed, multigraphed or otherwise reproduced in permanent visible form.
"Yard"means an open space on a
lot unoccupied and unobstructed from the ground upward, except as otherwise provided in this title (see Figure 3 in Appendix A).
"Zone"means area accurately defined as to boundaries and location on an official map and within which area only certain types of land
uses are permitted.
(Ord. 1024 § 11.01.041(B), 2001; Ord. 1029 § 3, 2001; Ord. 1077 § 1, 2004; Ord. 2041 § 1 (Exh. A), 2010; Ord. 2085 § 3, 2015; Ord. 2105 § 1, 2017; Ord. 2109 § 1 (Exh. A), 2017; Ord. 2116 § 1, 2018; Ord. 2188, 5/20/2025)