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Vader City Zoning Code

CHAPTER 27

56.- DEFINITIONS

Sec. 27.56.010.- Definitions of words and phrases.

For the purpose of this title, certain terms and words are defined in this chapter. When not inconsistent with the context, words used in the present tense include the future; the singular tense includes the plural, and the plural the singular; the term "shall" is always mandatory and the term "may" denotes a use of discretion in making a decision; the term "used," unless the context otherwise requires, shall be considered as though followed by the words, "or occupied," "or intended," "or arranged," and "or designed to be used."

(Ord. No. 2006-09, Exh. A, § 15.010, 12-20-2006)

Sec. 27.56.020. - Agriculture.

The term "agriculture" means the tilling of the soil, the raising of crops, horticulture, floriculture, small livestock farming, dairying, and animal husbandry, including all uses customarily incidental thereto, but not including hog farm, slaughterhouse, fertilizer works, bone yard, plant for the reduction of animal matter, or any other secondary processing of agricultural products.

(Ord. No. 2006-09, Exh. A, § 15.030, 12-20-2006)

Sec. 27.56.030. - Alley.

The term "alley" means a passage or way, open to public travel and dedicated to public use, affording generally a secondary means of vehicular access to abutting lots and not intended for general traffic circulation.

(Ord. No. 2006-09, Exh. A, § 15.040, 12-20-2006)

Sec. 27.56.040. - Building.

The term "building" means any structure having a roof supported by columns or by walls, and intended for the shelter, housing, or enclosure of people, animals, or chattels.

(Ord. No. 2006-09, Exh. A, § 15.050, 12-20-2006)

Sec. 27.56.050. - Building, accessory.

The term "accessory building" means a detached subordinate building, the use of which is incidental to that of a main building on the same lots, and which does not change or alter the character of the premises.

(Ord. No. 2006-09, Exh. A, § 15.060, 12-20-2006)

Sec. 27.56.060. - Building, height.

The term "building height" means the vertical distance from average contact ground level, after grading, at the front wall of the building to the highest point of the building; provided, however, the height of a building on a sloping lot with a daylight basement shall be calculated in accordance with section 27.32.060.

(Ord. No. 2006-09, Exh. A, § 15.070, 12-20-2006)

Sec. 27.56.070. - Building, main.

The term "main building" means a building in which is conducted the principal use of the lot on which it is situated. In any residential district, a dwelling shall be deemed to be the main building on the lot on which it is situated.

(Ord. No. 2006-09, Exh. A, § 15.080, 12-20-2006)

Sec. 27.56.080. - Carport.

The term "carport" means a covered space for the housing of one or more motor vehicles and enclosed on no more than two sides by walls, screens, cabinets, or other types of enclosures.

(Ord. No. 2006-09, Exh. A, § 15.090, 12-20-2006)

Sec. 27.56.090. - Child day care center.

The term "child day care center" means a facility providing regularly scheduled care for a group of 13 or more children, within a one month of age through 12 years of age range exclusively, for periods less than 24 hours, as licensed and regulated by the department of social and health services under WAG 388-155.

(Ord. No. 2006-09, Exh. A, § 15.100, 12-20-2006)

Sec. 27.56.100. - City officials.

The term "committee" means the city planning committee.

(Ord. No. 2006-09, Exh. A, § 15.020, 12-20-2006)

Sec. 27.56.110. - Clinic.

The term "clinic" means a building or portion of a building containing offices for providing medical, dental, psychiatric, or chiropractic service for outpatients only.

(Ord. No. 2006-09, Exh. A, § 15.110, 12-20-2006)

Sec. 27.56.120. - Critical area.

The term "critical area" means an area identified by the city as necessary for environmental protection, as defined in section 27.20.030.

(Ord. No. 2006-09, Exh. A, § 15.115, 12-20-2006)

Sec. 27.56.130. - Dwelling, multiple-family.

The term "multiple-family dwelling" or "multifamily dwelling" means a detached building designed for or containing three or more independent dwelling units.

(Ord. No. 2006-09, Exh. A, § 15.120, 12-20-2006)

Sec. 27.56.140. - Dwelling, single-family.

The term "single-family dwelling" means a detached building designed for or containing one dwelling unit. For purposes of planning and zoning, manufactured homes are considered single-family dwellings.

(Ord. No. 2006-09, Exh. A, § 15.130, 12-20-2006)

Sec. 27.56.150. - Dwelling, two-family.

The term "two-family dwelling" means a detached building designed for or containing two independent dwelling units.

(Ord. No. 2006-09, Exh. A, § 15.140, 12-20-2006)

Sec. 27.56.160. - Dwelling unit.

The term "dwelling unit" means a building, or portion of a building, which provides complete housekeeping facilities for one family.

(Ord. No. 2006-09, Exh. A, § 15.150, 12-20-2006)

Sec. 27.56.170. - Family.

The term "family" means one or more persons living as a single, nonprofit housekeeping unit.

(Ord. No. 2006-09, Exh. A, § 15.160, 12-20-2006)

Sec. 27.56.180. - Family childcare home.

The term "family childcare home" means a facility in the family residence of the licensee providing regularly scheduled care for 12 or fewer children, including the children who reside at the home, within a birth through 11 years of age range exclusively for periods less than 24 hours, as licensed and regulated by the department of social and health services under WAC 388-155.

(Ord. No. 2006-09, Exh. A, § 15.170, 12-20-2006)

Sec. 27.56.190. - Gross floor area.

The term "gross floor area "means the sum of the areas of all floors included within the surrounding walls of a building or portion thereof, exclusive of vents, shafts, and courts.

(Ord. No. 2006-09, Exh. A, § 15.180, 12-20-2006)

Sec. 27.56.200. - Hazardous waste.

The term "hazardous waste" means and includes all dangerous and extremely hazardous waste as defined in RCW 70.105.

(Ord. No. 2006-09, Exh. A, § 15.190, 12-20-2006)

Sec. 27.56.210. - Hazardous waste treatment and storage facility.

The term "hazardous waste treatment and storage facility" means a location at which hazardous waste is treated and/or stored.

(Ord. No. 2006-09, Exh. A, § 15.200, 12-20-2006)

Sec. 27.56.220. - Home occupation.

The term "home occupation" means any use customarily conducted in a home environment and entirely within a dwelling units, which use is clearly incidental and secondary to the use of the dwelling unit for dwelling purposes and does not change the character thereof.

(Ord. No. 2006-09, Exh. A, § 15.210, 12-20-2006)

Sec. 27.56.230. - Identified critical area.

The term "identified critical area" means a critical area defined by this title and/or identified on maps adopted by the city as part of the comprehensive plan or otherwise by resolution and kept on file with the city clerk.

(Ord. No. 2006-09, Exh. A, § 15.215, 12-20-2006)

Sec. 27.56.231. - Indoor emergency housing.

The term "indoor emergency housing" means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or occupancy agreement.

(Ord. No. 2021-07, § 1, 9-23-2021)

Sec. 27.56.232. - Indoor emergency shelter.

The term "indoor emergency shelter" means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelters may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations.

(Ord. No. 2021-07, § 2, 9-23-2021)

Sec. 27.56.240. - Junkyard.

The term "junkyard" means the use of a lot, or a portion of any lot, for the storage, keeping, or abandonment of junk, including scrap metals or other scrap material, or the use of any area for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof. The term "junkyard" shall not be deemed to include uses conducted entirely with an enclosed building or the outdoor display and sale of used automobiles in operable condition.

(Ord. No. 2006-09, Exh. A, § 15.220, 12-20-2006)

Sec. 27.56.250. - Lot.

The term "lot" means one or more parcels of land occupied or to be occupied by a use or building or group of buildings and accessory buildings, together with such open spaces as are required under the provisions of this title and having not less than the minimum area required by this title in the district in which such land is situated. The term "lot" as defined herein is not necessarily the same as a platted lot.

(Ord. No. 2006-09, Exh. A, § 15.230, 12-20-2006)

Sec. 27.56.260. - Lot, corner.

The term "corner lot" means a lot bounded on two sides by intersecting street lines, provided that the interior angle of intersection or interception of said street lines does not exceed 135 degrees.

(Ord. No. 2006-09, Exh. A, § 15.240, 12-20-2006)

Sec. 27.56.270. - Lot depth.

The term "lot depth" means the horizontal distance between the midpoints of the front lot line and the rear lot line. For lots with front lot lines containing curves or angles, the measurements shall be taken from a line parallel to and midway between a base line joining the front corners of the lot and a line drawn parallel to said base line, tangent to the curve.

(Ord. No. 2006-09, Exh. A, § 15.250, 12-20-2006)

Sec. 27.56.280. - Lot, interior.

The term "interior lot" means a lot other than a corner lot.

(Ord. No. 2006-09, Exh. A, § 15.260, 12-20-2006)

Sec. 27.56.290. - Lot line, front.

The term "front lot line" means, in the case of an interior lot, the line separating the lot from the street right-of-way. In the case of a corner lot, the term "front lot line" means the line separating the narrowest street frontage of the lot from the street right-of-way, or, where a corner lot has two or more street frontages of equal length or nearly equal length, the front lot line shall be considered to be the line adjoining the street which is intended or likely to carry the heaviest traffic flow.

(Ord. No. 2006-09, Exh. A, § 15.270, 12-20-2006)

Sec. 27.56.300. - Lot line, rear.

The term "rear lot line" means the lot boundary line which is generally opposite the front lot line. If the lot comes to a point at the rear, that point shall be deemed to be the rear lot line. In the case of a through lot, there will not be a rear lot line.

(Ord. No. 2006-09, Exh. A, § 15.280, 12-20-2006)

Sec. 27.56.310. - Lot line, side.

The term "side lot line" means any lot boundary line which is not a front lot line nor a rear lot line.

(Ord. No. 2006-09, Exh. A, § 15.290, 12-20-2006)

Sec. 27.56.320. - Lot, through.

The term "through lot" means a lot, other than a corner lot, having frontage on more than one street.

(Ord. No. 2006-09, Exh. A, § 15.300, 12-20-2006)

Sec. 27.56.330. - Lot width.

The term "lot width" means the distance between side lot lines measured at a point 25 feet from the front lot line on each side lot line.

(Ord. No. 2006-09, Exh. A, § 15.310, 12-20-2006)

Sec. 27.56.340. - Manufactured home; designated, new.

The term "designated manufactured home" means a manufactured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured home, which:

(1)

Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long;

(2)

Was originally constructed with and now has a composition of wood shake or shingle, coated metal, or similar roof of not less than nominal 3:12 pitch; and

(3)

Has exterior siding similar in appearance to siding materials commonly used on conventional site-built uniform building code single-family residences.

A "new manufactured home" means any manufactured home required to be titled under Title 46 RCW, which has not been previously titled to a retail purchaser and is not a "used mobile home" as defined by RCW 82.45.032(2).

(Ord. No. 2006-09, Exh. A, § 15.315, 12-20-2006; Ord. No. 2021-02, § 2(D), 2-11-2021; Ord. No. 2021-03, § 1, 7-22-2021; Ord. No. 2021-06, § 4, 9-23-2021)

Sec. 27.56.350. - Mitigation.

The term "mitigation" means, in the following sequential order of preference:

(1)

Avoiding the impact altogether by not taking a certain action or parts of an action;

(2)

Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts;

(3)

Rectifying the impact to wetlands, critical aquifer recharge areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the conditions existing at the time of the initiation of the project;

(4)

Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods;

(5)

Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action;

(6)

Compensating for the impact to wetlands, critical aquifer recharge areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and

(7)

Monitoring the hazard or other required mitigation and taking remedial action when necessary.

(Ord. No. 2006-09, Exh. A, § 15.318, 12-20-2006)

Sec. 27.56.360. - Mobile home and relocatable housing.

The terms ""mobile home" and "re-locatable housing" mean a detached single-family dwelling unit:

(1)

Designed for long-term occupancy, containing complete sleeping accommodations and toilet facilities, with plumbing and electrical connections provided;

(2)

Designed to be transported after fabrication on its own wheels, or on a flat bed or other trailer, or on detachable wheels;

(3)

Built to arrive at the site where it is to be occupied as a dwelling unit complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location of foundation supports and integration into a prepared structure.

(Ord. No. 2006-09, Exh. A, § 15.320, 12-20-2006)

Sec. 27.56.370. - Off-site hazardous waste treatment or storage facility.

The term "off-site hazardous waste treatment or storage" facility means facilities that treat and store hazardous waste from generators on properties other than that on which the facility is located.

(Ord. No. 2006-09, Exh. A, § 15.330, 12-20-2006)

Sec. 27.56.380. - On-site hazardous waste treatment or storage facility.

The term "on-site hazardous waste treatment or storage facility" means a facility that stores or treats hazardous wastes generated on the same, geographically contiguous or bordering properties.

(Ord. No. 2006-09, Exh. A, § 15.340, 12-20-2006)

Sec. 27.56.390. - Outdoor advertising sign.

The term "outdoor advertising sign" means a lettered, figured, or pictorial matter or other sign of any kind or character whatsoever, made visible for outdoor advertising purposes.

(Ord. No. 2006-09, Exh. A, § 15.350, 12-20-2006)

Sec. 27.56.400. - Parking space, off-street.

The term "off-street parking space" means space within a public or private parking area, or within a building used for the parking or storage of motor vehicles.

(Ord. No. 2006-09, Exh. A, § 15.360, 12-20-2006)

Sec. 27.56.401. - Permanent supportive housing.

The term "permanent supportive housing" means subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers for entry than would be typical for other subsidized or unsubsidized rental housing, especially when related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community-based health care, treatment, or employment services. Permanent housing is subject to all of the rights and responsibilities defined in chapter 59.18 RCW.

(Ord. No. 2021-07, § 3, 9-23-2021)

Sec. 27.56.410. - Qualified wetland biologist, professional biologist, or habitat specialist.

The terms "qualified wetland biologist," "professional biologist," or "habitat specialist" means a person with education and expertise in wetland, habitat, or wildlife biology with experience in performing wetland delineations using federal or state standards, analyzing habitat functions and values, or creating management recommendations for species or habitats.

(Ord. No. 2006-09, Exh. A, § 15.320, 12-20-2006)

Sec. 27.56.420. - Sign.

The term "sign" means any structure, or device, or portion thereof, identifying the premises, the occupant of said premises, or relating to goods or services manufactured produced, or available on said premises.

(Ord. No. 2006-09, Exh. A, § 15.370, 12-20-2006)

Sec. 27.56.430. - Special needs housing.

The term "special needs housing" includes group homes, adult care facilities, as well as, but not limited to, housing for those with developmental and other types of disabilities.

(Ord. No. 2006-09, Exh. A, § 15.375, 12-20-2006)

Sec. 27.56.440. - State siting criteria.

The term "state siting criteria" means the criteria developed by the state department of ecology under the authority of RCW 70.105.210 for the siting of hazardous waste management facilities.

(Ord. No. 2006-09, Exh. A, § 15.380, 12-20-2006)

Sec. 27.56.450. - Storage.

The term "storage" means the holding of hazardous waste for a temporary period, accumulation of hazardous waste by an on-site generator is not storage as long as the generator complies with the applicable requirements of WAG 173.200 and 173.201.

(Ord. No. 2006-09, Exh. A, § 15.390, 12-20-2006)

Sec. 27.56.460. - Street.

The term "street" means a public right-of-way which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley.

(Ord. No. 2006-09, Exh. A, § 15.400, 12-20-2006)

Sec. 27.56.470. - Street line.

The term "street line" means the boundary line separating a lot from a street.

(Ord. No. 2006-09, Exh. A, § 15.410, 12-20-2006)

Sec. 27.56.480. - Structure.

The term "structure" means anything constructed or erected which requires location on the ground or attachment to something having location on the ground.

(Ord. No. 2006-09, Exh. A, § 15.420, 12-20-2006)

Sec. 27.56.490. - Trailer.

The term "trailer" means any structure or vehicle used or designated to be used for permanent occupancy for living or sleeping purposes and placed on or so constructed as to be capable of being placed on wheels or other running gear so that it may be readily moved from place to place, and includes "horse trailer," "trailer coach," "recreational vehicle" and similar terms. The term "trailer" does not include mobile homes as defined in this chapter.

(Ord. No. 2006-09, Exh. A, § 15.430, 12-20-2006)

Sec. 27.56.500. - Trailer park.

The term "trailer park" means an area of land used or designed to be used for the occupancy of trailers, in conformance with section 27.24.050.

(Ord. No. 2006-09, Exh. A, § 15.440, 12-20-2006)

Sec. 27.56.501. - Transitional housing.

The term "transitional housing" means a project that provides housing and supportive services to homeless persons or families for up to two years and that has as its purpose facilitating the movement of homeless persons and families into independent living.

(Ord. No. 2021-07, § 4, 9-23-2021)

Sec. 27.56.510. - Treatment.

The term "treatment" means the physical, chemical or biological processing of hazardous waste to make such waste non-dangerous or less dangerous, safer for transport amenable for energy or material resource recovery, amenable for storage, or reduced in volume, a hazardous waste treatment facility requires a state dangerous waste permit under the provisions of WAC 173.303.

(Ord. No. 2006-09, Exh. A, § 15.450, 12-20-2006)

Sec. 27.56.520. - Variance.

The term "variance" means a modification of the regulation of the ordinance after finding that the literal application of the provisions of this title would cause undue and unnecessary hardship in view of certain facts and conditions applying to a specific building, structure, or parcel of land.

(Ord. No. 2006-09, Exh. A, § 15.460, 12-20-2006)

Sec. 27.56.530. - Yard, front.

The term "front yard" means a yard extending the full width of a lot, and measured as to depth at the least horizontal distance between the front lot line and the exterior wall of building on the lot.

(Ord. No. 2006-09, Exh. A, § 15.470, 12-20-2006)

Sec. 27.56.540. - Yard, rear.

The term "rear yard" means a yard that extends the full width of a lot, and measured as to depth at the least horizontal distance between the rear lot line and the exterior wall of the main building or structure on the lot.

(Ord. No. 2006-09, Exh. A, § 15.480, 12-20-2006)

Sec. 27.56.550. - Yard, side.

The term "side yard" means a yard that extends from the front lot line to the rear lot line, and measured as to width at the least horizontal distance between a side lot line and the exterior wall of a main building or structure on the lot.

(Ord. No. 2006-09, Exh. A, § 15.000, 12-20-2006)