For the purpose of this title, certain terms or words used in this title are defined as set out in this chapter. The word "person" shall include a firm, association, organization, partnership, trust, company, or corporation as well as an individual; the present tense shall include the future tense, the singular number includes the plural, and the plural number includes the singular; the word "shall" is mandatory; the word "may" is permissive; the words "used" or "occupied" include the words "intended," "designed," or "arranged to be used or occupied"; and the word "lot" includes the words "plot or parcel." (Ord. 269 (part), 2002)

"Accessory use" means a use, a building or structure, part of a building or other structure, which is subordinate to, and the use of which, is incidental to that of the main building, structure or use on the same lot, including a private garage. If an accessory building is attached to the main building by a common wall or roof, such accessory building shall be considered a part of the main building. (Ord. 269 (part), 2002)

"Accessory dwelling unit" means a dwelling unit within a primary residence or an accessory building for occupancy by a person or family for living and sleeping purposes, or for the temporary use of guests of the occupants of the premises. "Accessory dwelling unit" includes "guesthouse." Any accessory dwelling unit used as a bed and breakfast guesthouse shall comply with all applicable bed and breakfast regulations. Accessory dwelling units are subject to the following conditions:

A.

No accessory building to be used for a dwelling unit shall be constructed upon a lot until the construction of the main building has commenced;

B.

Accessory dwelling units must meet all applicable building codes;

C.

The size of the primary residence must be at least eight hundred square feet to allow an accessory dwelling unit;

D.

The accessory dwelling unit, excluding any garage area and other nonliving areas, shall not exceed one thousand one hundred square feet, or fifty percent of the total square footage of the primary residence (excluding any garage area and other nonliving space), whichever is less;

E.

There shall be only one accessory dwelling unit per lot;

F.

The accessory dwelling unit and the primary residence must meet all lot coverage and setback requirements of the applicable zone as defined herein the Walla Walla County zoning code;

G.

Accessory dwelling units shall meet all Walla Walla County health department requirements for water and septic/sewer requirements;

H.

Mobile homes and recreational vehicles shall not be permitted as accessory dwelling units;

I.

Accessory dwelling units must be dependent upon the primary residence and must share at least four of the following criteria with the primary residence:

i.

Road access;

ii.

Septic system;

iii.

Water system;

iv.

Utility meters;

v.

Yard; and

vi.

Parking area.

J.

Either the primary residence or the accessory dwelling unit must be occupied by an owner of the property for at least six (6) months out of a year, and at no time can the owner receive rent for the owner-occupied dwelling;

K.

An accessory dwelling unit may be rented.

L.

One parking space must be provided for the accessory dwelling unit in addition to the parking required for a one family dwelling unit;

M.

Accessory dwelling units are allowed only on a lot with a one family dwelling unit;

N.

Accessory dwelling units are allowed within or accessory to a one family dwelling unit; and

O.

An accessory dwelling unit in an urban growth area is not allowed on the same lot that is utilized for a family day care and/or a home occupation. (Ord. 269 (part), 2002)

(Ord. No. 371, § III(Exh. A, Pt. B), 8-3-2009; Ord. No. 439, § III(Exh. A),12-14-2015)

"Accessory dwelling unit, industrial and business park" means a dwelling unit with a primary industrial or business park building for occupancy by a person or family for living or sleeping purposes.

(Ord. No. 440, § III(Exh. A, § I), 12-14-2015)

"Adult family home" means a regular family abode in which a person or persons provides 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. 269 (part), 2002)

See the definition in RCW 90.58.065.

(Ord. No. 446, § III(Exh. A), 6-27-2016)

"Agritourism enterprise" refers to agriculturally related experiences provided on a working farm or ranch for the enjoyment, entertainment, or education of the public or invited groups. The agritourism enterprise shall support, promote, or sustain agricultural operations and production. The following activities marketed to the general public or invited groups constitute agritourism enterprises: farm or ranch tours, hayrides, u-pick operations, classes, on-site retail sales, or picnic facilities. An agritourism enterprise does not include produce stands or produce markets as defined in Chapter 17.08. The enterprise shall meet the following conditions:

A.

An agritourism enterprise shall not provide any lodging for guests or employees, or include a restaurant or event facilities, unless otherwise allowed in the code.

B.

The agritourism enterprise may conduct on-site retail sales of products grown by the farm or ranch in a market area that is not larger than 400 square feet.

C.

Ancillary retail sales of products not grown or produced by the farm or ranch must be confined to 15 percent of the total gross floor space of the retail market area (maximum of 60 square feet), and must be clearly accessory to retail sales and marketing of the farm or ranch.

D.

A permit is required for all agritourism enterprises except as listed under (E). Permit review shall be limited to determining that the proposed enterprise meets the conditions listed above, provides adequate parking, and is compliant with other applicable development regulations. A permit may be revisited by the Walla Walla County Community Development Department if any of the activities are determined to be outside of the scope, purpose, and/or use of the agritourism enterprise.

E.

The following activities are exempt from the agritourism enterprise permit because they are considered to be part of the regular operation of a farm or ranch, provided that adequate off-street parking is available and specific ingresses and egresses are designated and permitted.

1.

Farm or ranch tours offered no more than four times per year.

2.

Stand-alone u-pick operations not conducted on the same farm or ranch that offers other agritourism experiences.

(Ord. No. 463, § III(Exh. A), 5-1-2017)

"Airport" means a place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers. (Ord. 269 (part), 2002)

(Ord. No. 463, § III, 5-1-2017)

Note— Formerly numbered as § 17.08.020.

"Airport, and aircraft landing field" means any runway, landing area or other facility which is designed, used or intended to be used in relation to agricultural uses for landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tiedown areas, hangars and other necessary buildings and open space. (Ord. 269 (part), 2002)

(Ord. No. 371, § III(Exh. A, Pt. B), 8-3-2009)

"Aircraft landing field, private" means any runway, landing area or other facility which is designed, used or intended to be used in relation to private use for landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tiedown areas, hangars and other necessary buildings and open space. (Ord. 342 § 1, 2007)

"Alley" means a passage or way, other than a public street open to public travel and established for public use, affording generally a secondary means of vehicular access to abutting lots and not intended for general traffic circulation. (Ord. 269 (part), 2002)

(Ord. No. 371, § III(Exh. A, Pt. B), 8-3-2009)

"All-terrain vehicle areas or parks" means an area or park where a minimum level of permanent improvements are required, designed for use by all-terrain vehicles, including motorcycles, minibikes, dunebuggies, snowmobiles, four-wheel drive vehicles and mountain bicycles. (Ord. 269 (part), 2002; Ord. 307 (part), 2004)

"Alterations" means a change or rearrangement of the structural parts of existing facilities, or an enlargement by extending the sides or increasing the height or depth, or the moving from one location to another on the same site. (Ord. 269 (part), 2002)

"Apiary" includes bees, hives and appliances wherever they are kept, located or found. (Ord. 269 (part), 2002)

"Apparel and accessory stores" means retail stores primarily engaged in selling clothing of all kinds and related articles for personal wear and adornment. (Ord. 269 (part), 2002)

"Apparel and other textile products manufacture" means establishments producing clothing and fabricating products by cutting and sewing purchased woven or knit textile fabrics and related materials, such as leather, rubberized fabrics, plastics, and furs. Also included are establishments that manufacture clothing by cutting and joining (for example, by adhesives) materials such as paper and nonwoven textiles. (Ord. 269 (part), 2002)

"Appliances" means any implements or devices used in the manipulating of bees, or their brood, or hives, which may be used in any apiary or any extracting or packing equipment. (Ord. 269 (part), 2002)

An "art production facility" is defined as the workshop of an artist or sculptor primarily used for onsite production of unique custom goods by hand manufacturing involving the use of hand tools and small-scale equipment.

(Ord. No. 426, § III(Exh. A), 12-15-2014)

"Assembly hall" means a meeting hall such as, but not limited to, grange halls and lodges. (Ord. 269 (part), 2002)

"Automobile parking" means establishments primarily engaged in the temporary parking of automobiles, usually on an hourly, daily, or monthly contract or fee basis as the principal use on the property. (Ord. 269 (part), 2002)

"Automobile wrecking yard" means any premises devoted to the dismantling or wrecking of motor vehicles or trailers; or the storage, sale, or dumping of dismantled or partially dismantled, obsolete, or wrecked vehicles or their parts.

(Ord. No. 371, § III(Exh. A, Pt. B), 8-3-2009)

"Automotive dealers" means establishments primarily engaged in selling new and used automobiles, boats, recreational vehicles and utility trailers, and motorcycles and mopeds; dealers selling new automobile parts and accessories. Automobile repair shops maintained by establishments engaged in the sale of new automobiles also are included. (Ord. 269 (part), 2002)

"Automotive repair and services" means establishments primarily engaged in furnishing automotive repair and other services. Automotive repair shops operated by establishments engaged in the sale of new automobiles are classified in retail trade, as are those operated by gasoline service stations. (Ord. 269 (part), 2002)

"Bed and breakfast guesthouse" means an establishment located in a primary dwelling unit or accessory building providing overnight accommodations and food services to transients for compensation or utilized by the owner or operator as short-term lodging for travelers and transient guests. A bed and breakfast guesthouse establishment is subject to the following conditions:

A.

Number of Guest Rooms. A bed and breakfast guesthouse establishment shall not have more than ten guest rooms; travelers or transient guests may not stay longer than thirty consecutive days;

B.

Occupancy. Property owner or operator occupied;

C.

Parking. One off-street parking space must be provided for each guest room in addition to any other parking requirements;

D.

Food Service. Except in the case of Type III bed and breakfasts, only limited food service as permitted under Washington Administrative Code (WAC) Chapter 246-215, Food Service, may be provided. Food service is limited to overnight guests, or, in the case of Type III bed and breakfast guesthouses, 50 guests at a time;

E.

Signs. Signs associated with this use shall be limited to four square feet in size, except bed and breakfast establishments in a zone which allows signs larger than four square feet may have a larger sign, provided it is in compliance with the size standards for that district. Signs shall meet all setback requirements for the zone in which the bed and breakfast establishment is located.

(Ord. No. 371, § III(Exh. A, Pt. B), 8-3-2009; Ord. No. 397, Exh. A, § I, 6-20-2011; Ord. No. 445, § III(Exh.A), 6-27-2016)

"Bed and Breakfast guesthouse type I" means a bed and breakfast guesthouse located in a primary dwelling unit. (Ord. 269 (part), 2002; Ord. 312 (part), 2005)

(Ord. No. 371, § III(Exh. A, Pt. B), 8-3-2009)

"Bed and breakfast guesthouse type II" means a bed and breakfast guesthouse located in or utilizing one or more accessory building(s). (Ord. 269 (part), 2002; Ord. 312 (part), 2005)

(Ord. No. 371, § III(Exh. A, Pt. B), 8-3-2009; Ord. No. 445, § III(Exh. A), 6-27-2016)

Bed and breakfast guesthouse type III means a bed and breakfast guesthouse located in a primary dwelling unit. This type III designation includes, as an approved nonagricultural accessory use, the option of dining service for up to fifty guests at a time and the hosting of wedding, corporate, or other events that do not exceed fifty persons. Bed and Breakfast type III guesthouses must: (1) meet all the applicable health and safety requirements of any required food service permit; (2) have no adverse effect upon the continued and compatible use of agricultural land either within or adjacent to the proposed property; and (3) meet the various requirements of WAC 365-196-815(3)(c)(iii)(B).

(Ord. No. 397, Exh. A, § II, 6-20-2011; Ord. No. 438, § III(Exh. A), 12-14-2015)

"Billboard" means an outdoor advertising display directing attention to a product service or commodity not sold on the premises, except as otherwise would be permitted for identification directing signs (see Sections 17.08.365 and 17.08.470). (Ord. 269 (part), 2002)

"Board" means the board of county commissioners of the county of Walla Walla, Washington. (Ord. 269 (part), 2002)

See the definition in Section 17.22.030.

(Ord. No. 459, § III(Exh. A), 12-12-2016)

See the definition in Section 17.22.030.

(Ord. No. 459, § III(Exh. A), 12-12-2016)

"Building" means any structure having a roof but excluding all forms of vehicles even though immobilized. When a use is required to be within a building, or where special authority granted pursuant to this title requires that a use shall be within an entirely enclosed building, then "building" means one so designed and constructed that all exterior walls of the structure shall be solid from the ground to the roofline, and shall contain no openings except for windows and doors which are designed so that they may be closed. (Ord. 269 (part), 2002)

"Building height" means the vertical distance measured from the average elevation of the finished grade around the building to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof. (Ord. 269 (part), 2002)

"Main building" means the principal building or other structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. (Ord. 269 (part), 2002)

"Building materials, hardware and garden supply stores" means retail establishments primarily engaged in selling lumber and other building materials; paint, glass, and wallpaper; hardware; nursery stock; and lawn and garden supplies. (Ord. 269 (part), 2002)

"Business or commerce" means the purchase, sale, offering for sale, or other transaction involving the handling or disposition of any article, service, substance, or commodity for livelihood or profit; or the management or occupancy of the office buildings, offices, recreational and amusement enterprises; or the maintenance and the use of buildings, or persons rendering services. (Ord. 269 (part), 2002)

"Business services" means establishments primarily engaged in providing services, to business establishments on a contract or fee basis. (Ord. 269 (part), 2002)

"Campground" means a parcel of land in which two or more spaces are occupied on a temporary basis or intended for temporary occupancy by recreational vehicles or tents for travel, recreational or vacation uses and which is designated as being open to the general public. For the purpose of this regulation, "campground" includes camping clubs as defined in RCW Chapter 19.105, and Sections 17.08.185, 17.08.190, 17.08.255, 17.08.285 and 17.08.370. (Ord. 269 (part), 2002)

"Caretakers quarters" means a residential use accessory to a nonresidential use consisting of a dwelling unit and occupied by a caretaker or watchperson. (Ord. 269 (part), 2002)

"Carport" means a structure to house or protect motor vehicles owned or operated by the occupants of the main building which is open to the weather for at least forty percent of the total area of its sides. (Ord. 269 (part), 2002)

"Chemicals and allied products manufacture" means establishments producing basic chemicals, and establishments manufacturing products by predominantly chemical processes consisting of three general classes of products: (1) basic chemicals, such as acids, alkalines, salts, and organic chemicals; (2) chemical products to be used in further manufacture, such as synthetic fibers, plastics materials, dry colors, and pigments; and (3) finished chemical products to be used for ultimate consumption, such as drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries, such as paints, fertilizers, and explosives. (Ord. 269 (part), 2002)

"Clinic" means a building designed and used for the medical, dental, and surgical diagnosis and treatment of patients under the care of doctors and nurses where patients are not usually lodged overnight. (Ord. 269 (part), 2002)

"Colony" or "colonies" of bees refers to any natural group of bees having a queen. (Ord. 269 (part), 2002)

"Computer and office equipment manufacture" means establishments primarily engaged in manufacturing electronic computers; computer storage devices; computer terminals; computer peripheral equipment; computer components, calculating and accounting machines. (Ord. 269 (part), 2002)

"Conditional use" means a use permitted in one or more districts as defined by this title, but which, because of characteristics peculiar to it, or because of size, technological processes or 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 district, and to assure that such use shall not be in conflict with the public interest. (Ord. 269 (part), 2002)

"Conditional use permit" means the documented evidence of authority granted by the planning commission to locate a conditional use at a particular location. (Ord. 269 (part), 2002)

"Corn maze" means a recreational accessory use to an existing farm open to the public, such as in a cornfield. (Ord. 307 (part), 2004)

"Dairy products processing" means establishments primarily engaged in: (1) manufacturing creamery butter; natural, processed, and imitation cheese; dry, condensed, and evaporated milk; ice cream and frozen dairy desserts; and special dairy products, such as yogurt and malted milk; and (2) processing (pasteurizing, homogenizing, vitaminizing, bottling) fluid milk and cream for wholesale or retail distribution. (Ord. 269 (part), 2002)

"Day care, family" means a child day care facility that provides child day care and early learning services in the family living quarters of the provider's home for not more than twelve children in a 24-hour period; provided, any such family day care is licensed by the state or county and conducted in accordance with state and county requirements. Services can be provided in all types of family dwelling units. Family day care facilities are subject to the following conditions:

A.

The use must be located in the principal residential dwelling unit.

B.

Outdoor play areas must be completely enclosed by a wall or fence.

C.

Outdoor play equipment must be located at least fifteen feet from side property lines adjoining residential zoning districts.

D.

A family day care facility in an urban growth area is not allowed on the same lot as an accessory dwelling unit and/or a home occupation.

(Ord. No. 371, § III(Exh. A, Pt. B), 8-3-2009)

"Day care center" means an establishment providing for the care, supervision and protection of children; provided, any such "day care center" is licensed by the state or county and conducted in accordance with state and county requirements. (Ord. 269 (part), 2002)

"Day-use area" means an area established or maintained for use by the public as a place for picnicking and other day-use activities and at which overnight use is prohibited. (Ord. 269 (part), 2002)

"Campground dependent space" means a campground space at which there is no sanitary sewage connection provided. (Ord. 269 (part), 2002)

"Director" means the director of the department of community development of the county of Walla Walla, Washington or his or her designee.

(Ord. No. 386, § III(Exh. A, § 4), 8-30-2010)

A distillery is a facility which produces by distillation spirits for consumption; the sales and distribution of which are subject to regulation by the Washington State Liquor Control Board. Uses that are clearly incidental to the production of spirits are allowed accessory uses to a distillery. On-site retail sales and samples shall not be permitted.

(Ord. No. 366, § 2, 10-20-2008; Ord. No. 371, § III(Exh. A, Pt. B), 8-3-2009)