Chapter 17.04 DEFINITIONS

Definitions are intended to indicate the general intent as well as specific definition of the meanings of terms. For the purpose of this title, the following words will have the meaning given to them in this chapter. (Ord. O-01-05 § 2 (part))

17.04.020 Accessory dwelling.

“Accessory dwelling” means a separate living unit (apartment) integrated within a single-family dwelling, or one located as a detached accessory dwelling located on the same lot as a single-family dwelling. (Ord. O-01-05 § 2 (part))

17.04.025 Accessory use or building.

“Accessory use” or “accessory building” means a use, structure, building, or portion of a building devoted to an activity or use subordinate to the principal use of the premises, but located on the same lot as the principal use. (Ord. O-01-05 § 2 (part))

17.04.030 Administrator.

“Administrator” means and refers to the director, his or her designee, or any other official appointed in writing by the director to be responsible for the administration and enforcement of this title. (Ord. O-01-05 § 2 (part))

17.04.035 Adult family home.

“Adult family home” means the regular family abode of a person or persons who are providing personal care, room and board for more than one but not more than four adults, who are not related by blood or marriage to the person or persons providing the services, except that a maximum of six adults may be permitted if the Washington State Department of Social and Health Services determines that the home and the provider are capable of meeting standards and qualifications provided for by law (RCW 70.128.010). Adult family homes are a permitted use in all areas zoned for residential use (RCW 70.128.175). (Ord. O-01-05 § 2 (part))

17.04.040 Agricultural market.

“Agricultural market” means a building, structure, or land area used for the sale of fresh fruit or vegetables, grown either on- or off-site, and may include as incidental and accessory to the principle use, the sale of food items and nonfood items in a setting centered on an agricultural theme. An agricultural market is distinguished from a home fruit stand by a larger scale of activity and a greater range of products offered. This definition does not include the sale of livestock, gasoline or fuels. (Ord. O-01-05 § 2 (part))

17.04.045 Agriculture.

“Agriculture” means the tilling of soil, raising of crops and horticulture; except, that vegetable gardens occupying less than five thousand square feet and up to ten fruit trees are exempt from this definition. (Ord. O-01-05 § 2 (part))

17.04.050 Airport.

“Airport” means any area of land or water designed and set aside for landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purposes. (Ord. O-01-05 § 2 (part))

17.04.055 Airport hazard.

“Airport hazard” means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport, or is otherwise hazardous to such landing or taking off of aircraft. (Ord. O-01-05 § 2 (part))

17.04.060 Alley.

“Alley” means a public thoroughfare or way which affords only a secondary means of access to abutting property, but not intended for general traffic circulation. (Ord. O-01-05 § 2 (part))

17.04.065 Amendment.

“Amendment” means a change in the wording, context, or substance of this title, or change in the zone boundaries upon the zoning map, which map is a part of this title when adopted by resolution passed by the board of county commissioners, in the manner prescribed by law. (Ord. O-01-05 § 2 (part))

17.04.070 Animal hospital, clinic or veterinary, large.

“Animal hospital, clinic or veterinary, large” means an establishment in which veterinary services, clipping, bathing, boarding and other services are rendered primarily to livestock and other farm animals, although domestic pets may also be serviced. (Ord. O-01-05 § 2 (part))

17.04.075 Animal hospital, clinic or veterinary, small.

“Animal hospital, clinic or veterinary, small” means an establishment in which veterinary services, clipping, bathing, boarding and other services are rendered to dogs, cats, and other domestic pets. (Ord. O-01-05 § 2 (part))

17.04.080 Animal shelter.

“Animal shelter” means a building or structure (including outdoor fenced cages or yards) for the care of lost, abandoned, homeless or injured animals, whether domestic or wild. (Ord. O-01-05 § 2 (part))

17.04.085 Applicant.

“Applicant” means any person, entity or government agency that applies for a development proposal, permit or approval subject to review under county codes and ordinances. (Ord. O-01-05 § 2 (part))

17.04.090 Application.

“Application” means a request for any permit or approval required from the county for proposed development or action, including, without limitation, building permits, conditional uses, binding site plans, short subdivisions, major subdivisions, variances, site plan development permits, site plan reviews and site-specific zoning district reclassifications. (Ord. O-01-05 § 2 (part))

17.04.095 Assisted living facility.

“Assisted living facility” means a boarding home as defined in RCW 18.20.020 and licensed by the state where residents are housed in private apartment-like units and where assisted living services, including personal care and limited nursing services, are provided for residents by employees of the facility or on contract. (Ord. O-01-05 § 2 (part))

17.04.100 Auto towing, secured.

“Auto towing, secured” means a temporary storage area associated with a licensed towing company for impounded vehicles that complies with all applicable federal, state and local regulations. (Ord. O-01-05 § 2 (part))

17.04.105 Auto wrecking yard.

“Auto wrecking yard” or “junk yard” means an open area where waste, used, or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A “junk yard” includes an auto wrecking yard, but does not include uses established entirely within an enclosed building. (Ord. O-01-05 § 2 (part))

17.04.110 Bed and breakfast.

“Bed and breakfast” means an owner-occupied single-family dwelling, in which not more than five bedrooms are rented for money or other consideration to the traveling public. (Ord. O-01-05 § 2 (part))

17.04.115 Board of adjustment.

“Board of adjustment” means the board of adjustment of the county. (Ord. O-01-05 § 2 (part))

17.04.120 Board of county commissioners.

“Board of county commissioners” means the board of county commissioners of the county. (Ord. O-01-05 § 2 (part))

17.04.125 Boarding or lodging house.

“Boarding house” or “lodging house” means a single-family dwelling unit in which three or more, but not more than six, roomers, lodgers or boarders are housed or fed. Boarding housing shall not include rest homes or convalescent homes. (Ord. O-01-05 § 2 (part))

17.04.130 Building.

“Building” means a structure with a single roof or connected with a single roof built for the support, shelter, or enclosure of persons, animals, chattels, mechanical devices, or property of any kind. (Ord. O-01-05 § 2 (part))

17.04.135 Building area, building site.

“Building area, building site” means the portion of a lot within which a structure may be built, bounded by the setbacks, lot coverage standards and other applicable provisions of the Adams County Code. (Ord. O-01-05 § 2 (part))

17.04.140 Building height.

Building Height. The height of a building is the vertical distance at the center of a building’s principal front measuring from the average elevation of the finished grade along the front of the building to the highest point of the coping of a flat roof or to the deck line of a measured roof, or to the average height of the highest gable of a pitch or hip roof, excepting chimneys and steeples. (Ord. O-01-05 § 2 (part))

17.04.145 Building line.

“Building line” means a line established at the minimum distance a building may be located from any property line as determined by the standards of this title. (Ord. O-01-05 § 2 (part))

17.04.150 Bus stop.

“Bus stop” means a facility where bus passengers are picked up and dropped off, including waiting areas, but not including service or storage facilities for buses. (Ord. O-01-05 § 2 (part))

17.04.155 Camp or campground.

“Camp” or “campground” means a recreational-type camping use and not a camp (farm labor camp) used for seasonal, part-time, or temporary laborers, nor is it when used in this context intended to mean regular period use by organized groups such as young peoples’ groups, church groups, lodge groups, etc. (Ord. O-01-05 § 2 (part))

17.04.160 Caretaker’s residence.

“Caretaker’s residence” means a residential dwelling unit accessory to an agricultural, commercial or industrial use for occupancy by the owner, caretaker or watchman only as consistent with Section 17.04.290, Dwelling, single-family. (Ord. O-01-07 § 1: Ord. O-01-05 § 2 (part))

17.04.165 Cemetery.

“Cemetery” means land and/or buildings used for the interment of human beings. (Ord. O-01-05 § 2 (part))

17.04.170 Clear zone.

“Clear zone” is used to designate the unobstructed area provided beyond the edge of the traveled way for the recovery of errant vehicles. (Ord. O-01-05 § 2 (part))

17.04.175 Clinic.

“Clinic” means a building or portion of a building containing offices for providing medical, dental, or psychiatric services for outpatients only. (Ord. O-01-05 § 2 (part))

17.04.177 Cluster developments.

“Cluster developments” means land divisions that concentrate residential uses into a compact area with perimeter buffering, open space, community water and sewer systems and other conditions, and which are designed to prevent conflict with resource activities and critical areas. (Ord. O-01-05 § 2 (part))

17.04.180 Commercial or livestock sales, feed lots/yards.

“Commercial livestock sales, feed lots/yards” identifies an area where animals (principally cattle, sheep, and horses) are penned in order to feed them for purposes of eventual sale (not to include dairy herds or beef herds grazing on pastures). Feed materials such as hay, concentrates, crop residues, etc., would normally be hauled in and in part stored. It is a commercial feed yard if it is permanent (year-to-year or for only part of a year at a time), and regardless of whether it is the principal source of income of the operator or whether the operator owns the livestock or is engaged in custom feeding and/or selling. (Ord. O-01-05 § 2 (part))

17.04.182 Commercial wind energy facilities.

“Commercial wind energy facilities” means a facility comprised of wind turbine generator(s) greater than one hundred twenty feet in height, measured from the ground to the highest extent of turbine blades, and their construction and micrositing corridors; temporary and permanent meteorological towers; laydown and construction areas and trailer yards; temporary and permanent access roadways and crane pads; underground and aboveground electrical collection/interconnection and communication systems and their respective corridors and rights-of-way; electrical step-up and interconnection substations; visitor kiosks; operations and maintenance facilities; and other related and supporting facilities. Temporary meteorological towers constructed for the purpose of measuring the wind generation potential of potential wind energy project sites are not considered commercial wind energy facilities, and are allowed as a permitted use in all zoning districts where commercial wind energy facilities are allowed. (Ord. O-03-08 § 1 (part))

17.04.183 Noncommercial wind energy facilities.

“Noncommercial wind energy facilities” means wind turbine generators less than one hundred twenty feet in height, measured from the ground to the highest extent of turbine blades, and wind turbine generators that are capable of generating no more than twenty-five kilowatts of power, with a total electrical generation capacity for a facility not to exceed one hundred kilowatts, and all related and supporting facilities associated with the wind turbine generators. (Ord. O-03-08 § 1 (part))

17.04.185 Community swimming pool.

“Community swimming pool” means a pool owned jointly by three or more property owners, designed to be used by residents of a subdivision or community and not operated for a profit. A community swimming pool shall not include an individual’s private pool, semi-public pool, public pool, or a pool operated for profit. (Ord. O-01-05 § 2 (part))

17.04.190 Conditional use.

“Conditional use” means a use listed among those classified in any given zone but permitted to occur only after review by the board of adjustment, or zoning adjustor, and the granting of a conditional use permit imposing such performance standards as will make the use compatible with other permitted uses in the same vicinity and zone, and ensure against imposing excessive demands upon public utilities. (Ord. O-01-05 § 2 (part))

17.04.191 Conditional use, administrative approval.

“Conditional use, administrative approval” means a use listed among those classified in Section 17.08.040, District use chart, as “ACUP” in any given zone. Such uses shall be approved subject to a review and finding by the planning department that the granting of an administrative conditional use permit imposing such performance standards and regulations as noted in the Section 17.68.016. (Ord. O-03-08 § 1 (part))

17.04.195 Condominium.

“Condominium” means a single or a multi-unit dwelling, each of whose resident (unit) owner enjoys exclusive ownership of his/her individual apartment or unit, holding title thereto, while retaining an undivided interest, as tenants in common, in the common facilities and areas of the building and grounds which are used by all the residents of the condominium. (Ord. O-01-05 § 2 (part))

17.04.200 Contractors’ yards.

“Contractors’ yards” are essentially open spaces used for storing machinery, equipment, materials, and supplies used by the contractor in the pursuit of his business. This is not intended to be a supply yard, but a yard owned or leased by a contractor engaged in some kind of construction work. (Ord. O-01-05 § 2 (part))

17.04.205 County auditor.

“County auditor” means the county auditor of the county. (Ord. O-01-05 § 2 (part))

17.04.210 County engineer.

“County engineer” means the Adams County engineer, having authorities specified in RCW 36.75.050 and RCW Chapter 36.80, or an authorized representative. (Ord. O-01-05 § 2 (part))

17.04.215 County sanitarian.

“County sanitarian” means the county sanitarian (or other health officer) of the county. (Ord. O-01-05 § 2 (part))

17.04.220 Cul-de-sac.

“Cul-de-sac” means a short street having one end opened to traffic and ending with a vehicle turnaround, either permanent or temporary. (Ord. O-01-05 § 2 (part))

17.04.225 Day care center.

“Day care center” means a state-licensed facility that regularly provides care for thirteen or more children during part of the twenty-four-hour day as defined in RCW 35.63.170 as it now exists or as may be hereafter amended, and conducted in a place of business other than a residence. For purposes of this code, a day care center may include preschool activity. (Ord. O-01-05 § 2 (part))

17.04.230 Day care center, mini.

“Mini day care center” means a person or agency, licensed by the state of Washington, providing care during part of the twenty-four-hour day to twelve or fewer children in a facility other than the family abode of the person or persons under whose direct care the children are placed. (Ord. O-01-05 § 2 (part))

17.04.235 Day care provider, family.

“Family day care provider” means a person, licensed by the state of Washington, regularly providing care during part of the twenty-four-hour day to twelve or fewer children in the family abode of the person or persons under whose direct care the children are placed. For purposes of this code, a family day care provider may include preschool activities. (Ord. O-01-05 § 2 (part))

17.04.240 Density.

“Density” means the maximum number of permitted dwelling units allowed on each gross acre of land or fraction thereof. (Ord. O-01-05 § 2 (part))

17.04.245 Detached building.

“Detached building” means a building surrounded on all sides by open space. (Ord. O-01-05 § 2 (part))

17.04.250 Developer.

“Developer” means any person, corporation, government agency, partnership or other entity that makes application for a proposal, permit, approval or action governed by the codes and ordinances of the county. (Ord. O-01-05 § 2 (part))

17.04.255 Development.

“Development” means any manmade use or change to improved or unimproved real estate, including without limitation: the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any buildings or any other structures; mining, filling, stockpiling; excavation and grading; and divisions of land. (Ord. O-01-05 § 2 (part))

17.04.260 Drive-up food service.

“Drive-up food service” means an establishment which by design, physical facilities, service or packaging procedures encourages or permits customers to receive food service while remaining in a motorized vehicle. (Ord. O-01-05 § 2 (part))

17.04.265 Driveway.

“Driveway” shall mean private driveways that provide primary vehicular access from a public or private road for up to three lots. (Ord. O-01-05 § 2 (part))

17.04.270 Driveway approach.

“Driveway approach” shall mean any area, construction or facility between the public or private roadway and private property to provide access for vehicles from the roadway to serve up to two lots, tracts, or parcels, except as provided herein. (Ord. O-01-05 § 2 (part))

17.04.275 Duplex.

“Duplex” means a single structure containing two dwelling units designed for occupancy by two families and connected by a common vertical wall or, in the case of a multistory building, by a common ceiling and floor. (Ord. O-01-05 § 2 (part))

17.04.280 Dwelling or dwelling unit.

“Dwelling” or “dwelling unit” means a building or portion thereof designed exclusively for residential purposes, including one-family, two-family, multiple-family or apartment dwellings and manufactured homes, as defined herein, but shall not include hotels, boarding and lodging houses. (Ord. O-01-05 § 2 (part))

17.04.285 Dwelling, multifamily.

“Dwelling, multifamily” means a building containing more than two individual dwelling units. (Ord. O-01-05 § 2 (part))

17.04.290 Dwelling, single-family.

“Single-family dwelling” means a detached building containing one dwelling unit. This includes:

A. “Mobile home” as defined in Section 17.04.605 (only as permitted in an approved “Manufactured/mobile home park” as defined in Section 17.04.585);

B. “Manufactured home” as defined in Section 17.04.575;

C. “Manufactured home, designated” as defined in Section 17.04.580;

D. “Modular home (factory-built home)” as defined in Section 17.04.610;

E. Site-built or stick-framed homes as reviewed and approved by the Adams County building department. (Ord. O-01-07 § 2: Ord. O-01-05 § 2 (part))

17.04.295 Easement, access.

“Access easement” means a private right-of-way not less than twenty feet wide, which provides vehicular access to a road. (Ord. O-01-05 § 2 (part))

17.04.300 Education services.

“Education services” means public schools and private schools offering curricula similar to public schools, excluding all studios for group instruction and business, trade and technical schools. (Ord. O-01-05 § 2 (part))

17.04.305 Engineer.

“Engineer” shall mean a professional engineer licensed by the state of Washington. (Ord. O-01-05 § 2 (part))

17.04.310 Essential public facilities.

“Essential public facilities” means those facilities typically difficult to site such as: airports, state education facilities, state or regional transportation facilities, correctional facilities, solid waste handling facilities, substance abuse facilities, etc. (Ord. O-01-05 § 2 (part))

17.04.315 Established county road.

“Established county road” shall mean a road that has been accepted by Adams County for maintenance with public funds. (Ord. O-01-05 § 2 (part))

17.04.320 Established grade.

“Established grade” shall mean the profile and cross-sections approved by the county engineer. (Ord. O-01-05 § 2 (part))

17.04.322 Family farm support divisions.

“Family farm support divisions” means land divisions that divide land to accommodate the operation, management and/or sale of agricultural property, allowing the owner to retain the family residence on a separate parcel. These divisions are intended to permit owners to have family members or nonrelated managers to move onto the property in order to assist or take over the owner’s operations, or to facilitate the sale of the property and retention of the family home. (Ord. O-01-05 § 2 (part))

17.04.325 Farm labor housing.

“Farm labor housing” means an area and structures or tents, temporary or permanent, used for housing temporary or seasonal farm labor. It is not primarily intended to include family groups, but does not exclude them. It is not intended to be an area in which farm laborers would acquire title to the property. (Ord. O-01-05 § 2 (part))

17.04.330 Farmer’s market.

“Farmer’s market” means a site used for the retail sale of fresh agricultural products, grown either on- or off-site, but may include as incidental and accessory to the principle use, the sale of factory-sealed or prepackaged food products, arts, crafts, plants, flowers and other nonfood items. This definition does not include the sale of animals or used products similar to a flea market. (Ord. O-01-05 § 2 (part))

17.04.335 Fence.

“Fence” means a masonry wall, or a barrier composed of posts connected by boards, rails, panels or wire for the purpose of enclosing space or separate parcels of land, but not including retaining walls, fences or boundaries formed by a dense row of shrubs, plants, or low trees. (Ord. O-01-05 § 2 (part))

17.04.340 Filling station.

“Filling station” means a service station or business enterprise to supply motor fuel and oil to motor vehicles, including grease racks or elevators, and providing minor tire, battery, and other service and sales of motor vehicle accessories. A “filling station” is the same as a “service station.” (Ord. O-01-05 § 2 (part))

17.04.345 Floor area.

“Floor area” means the total area of all floors of a building as measured to the outside surfaces of exterior walls including halls, stairways, elevator shafts and basements. Minimum floor area calculations shall not include attached or detached garages, porches, decks or balconies. (Ord. O-01-05 § 2 (part))

17.04.350 Foster family home.

“Foster family home” means an agency which regularly provides care on a twenty-four-hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed. (Ord. O-01-05 § 2 (part))

17.04.355 Garage, parking or commercial.

“Parking or commercial garage” means a building used for storage, repair or servicing of motor vehicles as a commercial use. (Ord. O-01-05 § 2 (part))

17.04.360 Garage, private.

“Private garage” means an accessory building or space within the principal building intended for storage of vehicles. (Ord. O-01-05 § 2 (part))

17.04.365 Government uses and structures.

“Government uses and structures” means buildings, structures and uses, owned, operated and managed by public agencies for municipal purposes not otherwise specifically identified by this code. (Ord. O-01-05 § 2 (part))

17.04.370 Grade.

“Grade” is defined as follows: the average of the finished ground level at the center of all exterior walls of a building. In case walls are parallel to and within five feet of a sidewalk, the sidewalk shall be considered the finished ground level. (Ord. O-01-05 § 2 (part))

17.04.375 Greenhouse, commercial.

“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 sale on a retail or wholesale basis. (Ord. O-01-05 § 2 (part))

17.04.380 Group care facility.

“Group care facility” means an agency, other than a foster family home, which is maintained and operated for the care of a group of children on a twenty-four-hour basis. (Ord. O-01-05 § 2 (part))

17.04.385 Gun.

“Gun” means guns such as pistols, rifles, and shotguns normally used by private individuals, not including machine guns and other larger caliber weapons. (Ord. O-01-05 § 2 (part))

17.04.387 Gun range.

“Gun range” means a meeting place established for the purposes of discharging legal firearms. (Ord. O-01-05 § 2 (part))

17.04.390 Hazardous waste.

“Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70.105.010(15), or its successor, except for moderate risk waste as set forth in RCW 70.105.010(17), or its successor. (Ord. O-01-05 § 2 (part))

17.04.395 Hazardous waste treatment and storage facility, off-site.

“Off-site hazardous waste treatment and storage facility” means a treatment and storage facility which treats and stores hazardous waste generated on a property other than those on which the facilities are located. (Ord. O-01-05 § 2 (part))

17.04.400 Hazardous waste treatment and storage facility, on-site.

“On-site hazardous waste treatment and storage facility” means a treatment and storage facility which treats and stores hazardous waste generated on the same property. (Ord. O-01-05 § 2 (part))

17.04.405 Hazardous waste storage.

“Hazardous waste storage” means the holding of hazardous waste for a temporary period, as regulated by the state dangerous waste regulations, WAC Chapter 173-303 or its successor. (Ord. O-01-05 § 2 (part))

17.04.410 Hazardous waste treatment.

“Hazardous waste treatment” means the physical, chemical, or biological processing of hazardous waste for the purpose of rendering these wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume, as regulated by the state dangerous waste regulations, WAC Chapter 173-303 or its successor. (Ord. O-01-05 § 2 (part))

17.04.415 Hazardous substances.

“Hazardous substances” means any gas, liquid, solid, sludge, including any material, substance, product or commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous wastes. (Ord. O-01-05 § 2 (part))

17.04.420 Hobby farm.

“Hobby farm” means farming activities generating a gross annual income of one thousand dollars or less. (Ord. O-01-05 § 2 (part))

17.04.423 Hog raising.

“Hog raising,” for the purpose of this title, consists of two or less sows and their young. (Ord. O-01-05 § 2 (part))

17.04.425 Hog ranch.

“Hog ranch,” for the purpose of this title, consists of more than two sows and their young, whether the hogs are all or only part of the farming operation. Sale of hogs is not essential for the operation to be classified as a hog ranch. (Ord. O-01-05 § 2 (part))

17.04.430 Home fruit stand.

“Home fruit stand” means a building, structure or land area used for the seasonal sale of fresh fruit or vegetables. (Ord. O-01-05 § 2 (part))

17.04.435 Home industry.

“Home industry” means limited-scale sales, service or fabrication activity undertaken for financial gain, conducted outside of an urban growth area by a resident within his/her dwelling, residential accessory building, barn or other agriculturally related accessory building, and is subordinate to the primary use of the premises for residential or agricultural purposes. (Ord. O-01-05 § 2 (part))

17.04.440 Home occupation.

“Home occupation” means a lawful occupation conducted by a resident within his/her dwelling as a use secondary to the primary use of the dwelling for residential purposes. (Ord. O-01-05 § 2 (part))

17.04.445 Home occupation, Group A.

“Home occupation, Group A” means a home occupation, as defined in Section 17.04.440, that does not involve customers coming and going from the residence, and within which only family members are employed. (Trucking businesses may be considered under this definition only when all equipment, trucks, semi-trucks, truck tractors, trailers, etc., are contained within an enclosed building and only involves one truck or truck tractor or semi-truck and trailer and all are licensed and operable.) (Ord. O-03-08 § 1 (part): Ord. O-01-05 § 2 (part))

17.04.450 Home occupation, Group B.

“Home occupation, Group B” means a home occupation, as defined in Section 17.04.440, that may involve customers coming and going from the residence, and within which not more than one person other than family members may be employed. (Trucking businesses may be considered under this definition only when all equipment, trucks, semi-trucks, truck tractors, trailers, etc., are contained within an enclosed building and only involves one truck or truck tractor or semi-truck and trailer and all are licensed and operable.) (Ord. O-03-08 § 1 (part): Ord. O-01-05 § 2 (part))

17.04.451 Home occupation, Group C parking lots—Trucks.

“Home occupation, Group C” means a home occupation, as defined in Section 17.04.440, that involves the operation, maintenance and/or storage of a limited number of trucks, truck tractors or semi-trucks as defined in Sections 17.04.772, 17.04.881 and 17.04.882 with or without trailers as defined in Section 17.04.876 all of which are owned by or registered to the resident. Such approval shall be limited to areas having access to all-weather public roads and shall require a commercial road access permit. (Ord. O-03-08 § 1 (part))

17.04.455 Hospital.

“Hospital” means an institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and injured persons and licensed by the state of Washington to provide facilities and services in surgery, obstetrics, and general medical practice. (Ord. O-01-05 § 2 (part))

17.04.460 Hospital, mental.

“Mental hospital” means an institution licensed by state agencies under provision of law to offer facilities, care and treatment for cases of mental or nervous disorders. Establishments limiting services to juveniles below the age of five years are not considered mental hospitals for the purpose of this title. Establishments housing and caring for cases of cerebral palsy are not considered mental hospitals and are specifically excluded from this definition. (Ord. O-01-05 § 2 (part))

17.04.465 Hotel.

“Hotel” means a building in which six or more guest rooms where lodging with or without meals are provided for compensation, and where no provision is made for cooking in any individual room or suite, but shall not include motels, jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes, and similar buildings where human beings are housed and detained under restraint. (Ord. O-01-05 § 2 (part))

17.04.467 Hunt club/lodge.

“Hunt club/lodge” means an established dwelling or dwellings used for the purposes of the club. (Ord. O-01-05 § 2 (part))

17.04.470 Impervious surface.

“Impervious surface” means any material or structure that prevents the natural absorption of water into the earth. (Ord. O-01-05 § 2 (part))

17.04.475 Institution of higher learning.

“Institution of higher learning” means a college or university giving general academic instruction recognized as such by accrediting agencies and whether operated for profit or not, in which no pupil is physically restrained. (Ord. O-01-05 § 2 (part))

17.04.480 Junk.

“Junk” means old or scrap copper, brass, rope, rags, batteries, paper, boxes, cardboard, glass, tires, mattresses, hay, grass, straw, weeds, litter or trash, rubber debris, waste, old appliances and furniture, any combustible or flammable waste or rubbish, building materials or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material as defined in RCW 47.21.020. (Ord. O-01-05 § 2 (part))

17.04.485 Kennel, commercial.

“Commercial kennel” means a place where six or more dogs, cats, or small animals, excluding livestock and poultry over four months of age, are kept by their owner for hunting, training, exhibition, field work, working and/or obedience trials, or for enjoyment of the species. (Ord. O-01-05 § 2 (part))

17.04.490 Kennel, hobby.

“Hobby kennel” means a place where between three and up to five dogs, cats, or small animals, excluding livestock and poultry over four months of age, are kept for hunting, training, exhibition, field work, working and/or obedience trials, or for enjoyment of the species. (Ord. O-01-05 § 2 (part))

17.04.495 Kindergarten.

“Kindergarten” means a school, public or private, whether operated for profit or not for profit, giving preschool instruction to children under the age of seven years. (Ord. O-01-05 § 2 (part))

17.04.500 Landing field.

“Landing field” shall have the same meaning as “airport,” defined in this title, and may be used synonymously with the term “airport.” (Ord. O-01-05 § 2 (part))

17.04.505 Level of service (LOS).

“Level of service (LOS)” is a qualitative measure of traffic flow. Six levels are defined as “A” through “F,” with “A” being the best operating conditions, and “F” being the worst. (Ord. O-01-05 § 2 (part))

17.04.510 Library.

“Library” means any establishment for the sole purpose of loaning and circulating books or providing a reading room and reference service to the public, whether conducted by a public or private agency, or whether the service is with or without direct cost to the user. (Ord. O-01-05 § 2 (part))

17.04.515 Livestock.

“Livestock” means animals kept for use, propagation, or sale. Dogs, fish, house cats, and house pets, other than those with cloven hooves, are not considered livestock for the purpose of this title. (Ord. O-01-05 § 2 (part))

17.04.520 Lot.

“Lot” means a platted or unplatted parcel of land unoccupied, occupied or intended to be occupied by a principal use or building and accessory buildings, together with all yards, open spaces and setbacks required by this code. It is the basic development unit; an area with fixed boundaries shown on a final plat or short plat officially recorded in the Adams County auditor’s office. (Ord. O-01-05 § 2 (part))

17.04.525 Lot area.

“Lot area” means the total land space or area contained within the boundary lines of any lot, tract or parcel of land, exclusive of public and private rights-of-way, and may be expressed in square feet or acres. (Ord. O-01-05 § 2 (part))

17.04.530 Lot, corner.

“Corner lot” means a lot that abuts two or more intersecting streets. (Ord. O-01-05 § 2 (part))

17.04.535 Lot coverage.

“Lot coverage” means the amount of land covered, occupied or permitted to be covered/occupied by a building or buildings, usually expressed in square feet or percentage of land on the lot, and measured horizontally at the foundation. (Ord. O-01-05 § 2 (part))

17.04.540 Lot depth.

“Lot depth” means the horizontal distance between the front lot line and the rear lot line measured within the lot boundaries. (Ord. O-01-05 § 2 (part))

17.04.545 Lot, interior.

“Interior lot” means a lot that has frontage on one street only. (Ord. O-01-05 § 2 (part))

17.04.550 Lot line, front.

“Front lot line” means that boundary of a lot that is located along an existing or dedicated public street. (Ord. O-01-05 § 2 (part))

17.04.555 Lot line, rear.

“Rear lot line” means a property line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or other shaped lot, a line ten feet in length that is either parallel to the front lot line, or intersects the two other lot lines at points most distant from the front lot line. (Ord. O-01-05 § 2 (part))

17.04.560 Lot line, side.

“Side lot line” means any property line not a front or rear lot line. (Ord. O-01-05 § 2 (part))

17.04.565 Lot, through.

“Through lot” means a lot that fronts on two parallel or nearly parallel streets. (Ord. O-01-05 § 2 (part))

17.04.570 Lot width.

“Lot width” means the distance between the side lot lines measured at right angles to the line establishing the lot depth, at a point midway between the front lot line and the rear lot line. Any area used as an access easement shall be excluded from the computation of the lot width. (Ord. O-01-05 § 2 (part))

17.04.575 Manufactured home.

“Manufactured home” means a structure constructed after June 15, 1976, in accordance with the U.S. Department of Housing and Urban Development (HUD) requirements for manufactured housing, and bearing the appropriate insignia indicating such compliance, and shall contain a minimum of eight hundred forty square feet of living areas as originally constructed/manufactured. (Ord. O-01-07 § 3: Ord. O-01-05 § 2 (part))

17.04.580 Manufactured home, designated.

“Designated manufactured home” means a manufactured home that meets the following:

A. Is comprised of at least two fully enclosed parallel sections, each not less than twelve feet wide by thirty-six feet long;

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

C. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences. (Ord. O-01-05 § 2 (part))

17.04.585 Manufactured/mobile home park.

“Manufactured/mobile home park” means an area of land occupied or designed to be occupied by two or more manufactured/mobile homes, used for dwelling or sleeping purposes, on a lease basis and operated as a single development. (Ord. O-01-05 § 2 (part)

17.04.590 Microbrewery/winery.

“Microbrewery/winery” means a plant where beer and/or wine are annually produced on a scale of two hundred fifty thousand gallons or less. (Ord. O-01-05 § 2 (part))

17.04.595 Mini storage.

“Mini storage” means a building(s) or site used for temporary indoor or outdoor storage on a commercial basis (excluding the storage of hazardous materials and waste). (Ord. O-01-05 § 2 (part))

17.04.600 Mixed use.

“Mixed use” means a development involving a combination of uses such as residential and commercial. (Ord. O-01-05 § 2 (part))

17.04.605 Mobile home.

“Mobile home” means a structure transportable in one or more sections that are eight feet or more in width and thirty-two feet or more in length, built on a permanent chassis, designed to be used as a permanent dwelling and constructed before June 15, 1976. (Ord. O-01-05 § 2 (part))

17.04.610 Modular home (factory-built home).

“Modular home (factory-built home)” means a residential structure constructed in a factory in accordance with the Uniform Building Code, bearing the appropriate insignia indicating such compliance, transported to the building site in modules and assembled on-site on a permanent foundation. (Ord. O-01-05 § 2 (part))

17.04.615 Motel and tourist court.

“Motel and tourist court” means a group of buildings containing individual sleeping or living units where a majority of such units open individually and directly to the outside, where a garage is attached or a parking space is conveniently located to each unit, all for temporary use by automobile tourists or transients, including auto courts, motor lodges, motor inns, and similar terms. (Ord. O-01-05 § 2 (part))

17.04.620 Multiple-use building.

“Multiple-use building” means a building containing uses for more than one land use classification. (Ord. O-01-05 § 2 (part))

17.04.625 Municipal building.

“Municipal building” means a structure used to house the general operation of a municipal government, including town/city halls, county courthouses, etc. (Ord. O-01-05 § 2 (part))

17.04.630 Nonconforming building or structure.

“Nonconforming building or structure” means a building, structure, or portion thereof legally in existence, either constructed or altered prior to the effective date of the ordinance codified in this title, which does not conform with the requirements of this code. (Ord. O-01-05 § 2 (part))

17.04.635 Nonconforming lot.

“Nonconforming lot” means a parcel of land in separate ownership of record prior to the effective date of the ordinance codified in this title, which does not conform to the dimensional or area requirements of this code. (Ord. O-01-05 § 2 (part))

17.04.640 Nonconforming use.

“Nonconforming use” means an activity in a structure or tract of land legally in existence prior to the effective date of the ordinance codified in this title, which does not conform to the regulations of the use district in which it is located. (Ord. O-01-05 § 2 (part))

17.04.642 Nonmetallic mineral product manufacturing.

“Nonmetallic mineral product manufacturing” is defined as the transformation of mined, quarried or recycled nonmetallic minerals, such as sand, gravel, stone, clay, gypsum and refractory materials, into products for intermediate or final use. Processes include grinding, mixing, cutting, shaping, and honing. (Res. R-41-24 (Att. A))

17.04.645 Nursery school.

“Nursery school” means a school or organized program for the care and instruction of preschool-age children under the age of six years, whether public or private, and whether operated for profit or not operated for profit. (Ord. O-01-05 § 2 (part))

17.04.650 Nursing home or convalescent home.

“Nursing home” or “convalescent home” means an establishment licensed by the state of Washington that provides full-time care for three or more chronically ill, aged or infirm persons. Such care shall not include surgical, obstetrical or acute illness services, which are customarily provided in hospitals. (Ord. O-01-05 § 2 (part))

17.04.655 Open space.

“Open space” means that portion of a lot or parcel not developed or built upon or occupied by buildings, parking areas, driveways and the like, other than minimal appurtenances such as walkways and recreational facilities designed and intended to make such open space usable and accessible, and for the persons for whom the space is intended. (Ord. O-01-05 § 2 (part))

17.04.660 Outdoor advertising display.

A. “Outdoor advertising display” shall mean any card, paper, cloth, metal, wooden or other display or device of any kind or character, including but not limiting the same to any poster, bill, printing, painting or other advertisement of any kind whatsoever, including statuary, placed for outdoor advertising purposes or onto the ground or any tree, rock, fence, building, structure, or thing.

B. “Outdoor advertising display” does not include:

1. Official notices issued by any court or public body or office.

2. Notices posted by any public officer in performance of a public duty or by any person in giving a legal notice.

3. Directional, warning, or information structures required by or authorized by law or by federal, state, county, or city authority.

C. “Outdoor advertising structure” means a structure of any kind or character erected or maintained for outdoor advertising purposes upon which any outdoor advertising display may be placed. (Ord. O-01-05 § 2 (part))

17.04.665 Parking lot.

“Parking lot” means a land area or building used for the storage of multiple vehicles, excluding parking areas for single-family residences. (Ord. O-01-05 § 2 (part))

17.04.670 Parking, off-street.

“Off-street parking” means an area devoted to the parking of vehicles and located within the boundaries of a lot. (Ord. O-01-05 § 2 (part))

17.04.675 Parking space.

“Parking space” means an off-street parking area for motor vehicles not less than ten by twenty feet in area, having access to a public street or alley, or private driveway. In determining the gross area required for an off-street parking lot requiring a specified number of parking places including driveways and aisles, two hundred fifty square feet per parking space shall be used. (Ord. O-01-05 § 2 (part))

17.04.680 Person with functional disabilities.

“Person with functional disabilities” means:

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

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

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

3. Having a physical or mental impairment which substantially limits one or more of such person’s major life activities; or

4. Having a record of having such an impairment; and

B. A person regarded as having such impairment, but such term does not include current, illegal use of or active addiction to a controlled substance. (Ord. O-01-05 § 2 (part))

17.04.685 Pit rehabilitation.

“Pit rehabilitation” applies to all kinds of sand, gravel and rock excavation to obtain fill or construction materials. It is intended to apply to all “pits” from which no further removal of materials is intended. Generally the intent is to provide gentle nonerodible slopes that will be covered with a layer of soil and revegetated where practical. Rehabilitation is intended to minimize the hazardous and unsightly nature of abandoned pits and, if practical, to return the area to some productive use. (Ord. O-01-05 § 2 (part))

17.04.690 Planned residential development.

“Planned residential development” means a more flexible method of residential land development involving the careful application of design components to achieve the creation of innovative developments, and a more efficient utilization of public facilities in exchange for public benefits to achieve comprehensive plan goals, described and conditioned by a binding site plan. (Ord. O-01-05 § 2 (part))

17.04.695 Planning commission.

“Planning commission” means the county planning commission. (Ord. O-01-05 § 2 (part))

17.04.700 Preschool.

“Preschool” means a place where prekindergarten children receive instruction meeting all state and local requirements to conduct such activity. (Ord. O-01-05 § 2 (part))

17.04.705 Primary or principal use.

“Primary or principal use” means the predominant use of land or building to which all other uses are secondary. (Ord. O-01-05 § 2 (part))

17.04.710 Professional office.

“Professional office” means an office occupied by doctors, dentists, accountants, attorneys, optometrists, architects, professional engineers and surveyors, and persons engaged in other similar occupations. (Ord. O-01-05 § 2 (part))

17.04.715 Property line.

“Property line” means a line bounding and indicating the ownership, or intended ownership, of a parcel of land. (Ord. O-01-05 § 2 (part))

17.04.720 Public facility.

“Public facility” means land or structures owned by or operated for the public use and necessity. (Ord. O-01-05 § 2 (part))

17.04.725 Public office building.

“Public office building” shall mean a structure used as an office or for the purpose of conducting official business by an agency of the federal government, state government, or a political subdivision of the state of Washington. (Ord. O-01-05 § 2 (part))

17.04.730 Recreational facilities.

“Recreational facilities” means a structure or use designed to provide indoor or outdoor recreation opportunities for the public. (Ord. O-01-05 § 2 (part))

17.04.735 Recreational vehicle.

“Recreational vehicle” means a vehicular-type unit primarily designed as temporary living quarters for recreational, camping or travel use, with or without motor power, of such size and weight as not to require a special highway movement permit, and certified by the Washington State Department of Labor and Industries as evidenced by the attachment of a “green” seal. (Ord. O-01-05 § 2 (part))

17.04.740 Recreational vehicle parks.

“Recreational vehicle parks” means an area established for overnight parking on a temporary basis of recreational vehicles. Any or all of the following amenities could be provided: electricity, water, and waste disposal connections, public restrooms and baths, snack bar, commercial facilities for convenience items, and picnic area. (Ord. O-01-05 § 2 (part))

17.04.745 Recycling center.

“Recycling center” means a facility where discarded recyclable products such as aluminum and tin cans, glass, paper and other similar individual consumer products are deposited and stored for future reprocessing (excluding drop stations). (Ord. O-01-05 § 2 (part))

17.04.750 Rezone.

“Rezone” means a change in classification from one zoning district to another. (Ord. O-01-05 § 2 (part))

17.04.755 Rifle range.

“Rifle range” means an area in which “guns,” as defined in Section 17.04.385, are intended to be used. The “range” is especially planned to be used principally for this purpose. (Ord. O-01-05 § 2 (part))

17.04.760 Right-of-way.

“Right-of-way” means the platted, dedicated, or reserved portion of a development for purposes of a street or alley for vehicular and/or pedestrian access. (Ord. O-01-05 § 2 (part))

17.04.765 Sanitarium.

“Sanitarium” means a health station or retreat or any place where resident patients are kept, specializing in giving clinical, temporary and emergency services of a medical or surgical nature to patients of mental and nervous disorders, but not excluding surgical and postsurgical treatment of mental cases. (Ord. O-01-05 § 2 (part))

17.04.770 Schools, public or parochial.

“Schools, public or parochial” means any institution of learning, public or private, that offers instruction in the several branches of learning and study required to be taught by the state of Washington. Trade schools are specifically excluded from this definition. (Ord. O-01-05 § 2 (part))

17.04.772 Semi-truck.

“Semi-truck” means a truck and trailer combination designed and used primarily for carrying material and property. (Ord. O-03-08 § 1 (part))

17.04.775 Service station.

“Service station” means a place used for the repair, servicing and/or supplying of fuel and oil for motor vehicles. (Ord. O-01-05 § 2 (part))

17.04.780 Setback.

“Setback” means the minimum distance required by this title for buildings to be set back from the street, side or rear lines, rights-of-way or access easements. (Ord. O-01-05 § 2 (part))

17.04.785 Setback area.

“Setback area” means the lot area between the lot lines and the setback lines. (Ord. O-01-05 § 2 (part))

17.04.790 Setback line.

“Setback line” means a line that is parallel to a lot line or access easement located at a distance required by the setback. (Ord. O-01-05 § 2 (part))

17.04.795 Sign.

“Sign” means an identification, description, illustration or device which is affixed to or represented, directly or indirectly, upon a structure or land, and that directs attention to a product, place, activity, person, institution, business, or profession. (Ord. O-01-05 § 2 (part))

17.04.800 Sign, off-premises or billboard.

“Off-premises sign” or “billboard” means a sign that advertises or promotes merchandise, service, goods or entertainment, which are sold, produced, manufactured or furnished at a place other than on the property on which the sign is located. (Ord. O-01-05 § 2 (part))

17.04.805 Site plan.

“Site plan” means a scale drawing that identifies and shows areas and locations of all streets, roads, improvements, utilities, open spaces, and other information specified herein. (Ord. O-01-05 § 2 (part))

17.04.810 Story.

“Story” means that portion of a building included between the surface of any floor and the surface of the floor above it. If there is no floor above, then the space between such floor and the ceiling next above it shall be considered a story. (Ord. O-01-05 § 2 (part))

17.04.815 Street.

“Street” means a public or recorded private thoroughfare that affords primary means of access to abutting property. A recorded private thoroughfare may be a recorded easement for ingress or egress, or a platted street designated as a private thoroughfare for access of abutting property, but for which the county assumes no responsibility of ownership, and is available for use to abutting property owners only. A private thoroughfare not recorded with the county auditor shall not be considered a street. (Ord. O-01-05 § 2 (part))

17.04.820 Street, flanking.

“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, either street abutting the corner property may be considered the flanking street. (Ord. O-01-05 § 2 (part))

17.04.825 Street, primary arterial.

“Primary arterial street” is a public thoroughfare designated as a primary street, road, or highway by the State Highway Department or by the county road department. A county or state road or highway are the same as a street. (Ord. O-01-05 § 2 (part))

17.04.830 Street, private.

“Private street, road or lane” shall mean a privately owned vehicular access route serving more than one lot, parcel, or tract, which does not have frontage on a public road right-of-way. Adams County does not maintain private lanes. (Ord. O-01-05 § 2 (part))

17.04.835 Street, public.

“Public street” means a public thoroughfare which has been dedicated or deeded to the public to be used for street purposes. A public street may or may not be in a part of the county road system accepted for maintenance by the county road department. “Public road,” where used in these standards, shall mean an established county road. (Ord. O-01-05 § 2 (part))

17.04.840 Street, secondary.

“Secondary street” means a public or private thoroughfare designated as a secondary street, road, or highway by the State Highway Department or by the county road department. A county or state road or highway is the same as a “street.” (Ord. O-01-05 § 2 (part))

17.04.845 Structural alteration.

“Structural alteration” means any change in the supporting members of a building such as foundations, bearing walls, columns, beams, or girders, or structural change in the roof. (Ord. O-01-05 § 2 (part))

17.04.850 Structure.

“Structure” means any object constructed or erected which requires location on the ground or is attached to something having a location on the ground (including towers, smokestacks, overhead transmission lines, captive balloons, etc.), but not including fences or walls used as fences less than eight feet in height. (Ord. O-01-05 § 2 (part))

17.04.855 Surveyor.

“Surveyor” shall mean a professional land surveyor licensed by the state of Washington. (Ord. O-01-05 § 2 (part))

17.04.860 Temporary building or structure.

“Temporary building or structure” means a building or structure not having or requiring permanent attachment to the ground, or to other structures that have no required permanent attachment to the ground. (Ord. O-01-05 § 2 (part))

17.04.865 Temporary use.

“Temporary use” means a use located on a lot, for a period not to exceed six months, with the intent to discontinue such use after the time period expires. (Ord. O-01-05 § 2 (part))

17.04.867 Townhouse.

“Townhouse” means a form of ground-related housing in which individual dwelling units are attached along at least one common wall to at least one other dwelling unit. Each dwelling unit occupies space from the ground to the roof and has direct access to private open space in both the front and back. No portion of a unit may occupy space above or below another unit, except that townhouse units may be constructed over a common shared parking garage. Townhouse properties containing more than two residential dwelling units may be individually owned and billed separately for property taxes. (Ord. O-03-08 § 1 (part))

17.04.870 Traffic barrier.

“Traffic barrier” shall mean a barrier oriented parallel or nearly parallel to the roadway. The purpose of these devices is to contain or redirect errant vehicles from hazards within the clear zone. (Ord. O-01-05 § 2 (part))

17.04.875 Traffic impact study.

“Traffic impact study” shall mean a report documenting a study of traffic conditions before and after construction of a proposed development. It addresses any deficiencies in the transportation system, either current or after development, and proposes recommended mitigation to correct those deficiencies. (Ord. O-01-05 § 2 (part))

17.04.876 Trailer.¹

“Trailer” means a nonmotorized vehicle designed to be towed by a motor vehicle. (Ord. O-03-08 § 1 (part))

17.04.877 Trailer stall width.

Trailer Stall Width. The width of a stall shall be the perpendicular distance between parallel sides. In the event the side lot (stall) lines are not parallel, the width shall be the average distance between the two sides measured on lines parallel to the line forming the stall’s frontage on its access street. (Ord. O-01-05 § 2 (part))

17.04.880 Traveled way.

“Traveled way” is comprised of the through traffic lanes. It is the portion of street designed or ordinarily used for vehicular travel excluding shoulders, medians, bicycle lanes, or exclusive turn lanes. (Ord. O-01-05 § 2 (part))

17.04.881 Truck.

“Truck” means any motor vehicle designed, used, or maintained primarily for the transportation of property. (Ord. O-03-08 § 1 (part))

17.04.882 Truck tractor.

“Truck tractor” means every motor vehicle designed and used primarily for drawing other vehicles but so constructed as to permit carrying a load in addition to part of the weight of the vehicle and load so drawn. (Ord. O-03-08 § 1 (part))

17.04.885 Use.

“Use” means the purpose for which land or building is arranged, designed or intended, or which is or may be occupied or maintained. (Ord. O-01-05 § 2 (part))

17.04.890 Uses prohibited.

“Prohibited uses” in specific zones 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. O-01-05 § 2 (part))

17.04.895 Utility uses/structures.

“Utility uses/structures” means any water, gas, sanitary or storm sewer, electrical, telephone, irrigation, drainage way, wire or television communication facility and/or service, and all persons, companies or governmental agencies furnishing the same. (Ord. O-01-05 § 2 (part))

17.04.900 Variance.

“Variance” means a modification of the specific standards of this title granted in accordance with the terms of this title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. A variance is also the means by which an adjustment is made in the application of the specific regulations of the zoning title to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the vicinity and zone, and which adjustment remedies disparity in privileges. (Ord. O-01-05 § 2 (part))

17.04.902 Vocational school.

“Vocational school” means a school for educating, training or retraining persons in a trade, vocation or other technical field. (Ord. O-01-05 § 2 (part))

17.04.905 Warehouse.

“Warehouse” means a structure used for the storage of goods and materials. (Ord. O-01-05 § 2 (part))

17.04.910 Wrecking/junk yard.

“Wrecking/junk yard” means an area in which is conducted the dismantling and/or wrecking of used motor vehicles, machinery or trailers, or the storage or sale of dismantled, obsolete or wrecked vehicles or parts, or the storage of motor vehicles unable to be moved under the power of the vehicle. (Ord. O-01-05 § 2 (part))

17.04.915 Yard.

“Yard” means an open space within a lot that is unobstructed from the ground upward, except as otherwise provided elsewhere in this title. (Ord. O-01-05 § 2 (part))

17.04.920 Yard, front.

“Front yard” means a yard that extends across the full width of a lot lying between the front lot line and the nearest point of a building measured horizontally and perpendicular from the front lot line. (Ord. O-01-05 § 2 (part))

17.04.925 Yard, side.

“Side yard” means a yard that extends from the front yard to the rear yard between the side lot line and the nearest point of a building measured horizontally and perpendicular from the side lot line. (Ord. O-01-05 § 2 (part))

17.04.930 Yard, rear.

“Rear yard” means a yard that extends across the full width of a lot lying between the rear lot line and the nearest point of a building measured horizontally and perpendicular from the rear lot line. (Ord. O-01-05 § 2 (part))

17.04.935 Zone, zone district.

“Zone” or “zone district” means a defined area of the county within which the use of land is regulated, and certain uses are permitted and other uses excluded as set forth in this title. (Ord. O-01-05 § 2 (part))

17.04.940 Zoning envelope.

“Zoning envelope” means the three-dimensional space within which a structure is permitted to be built on a lot, and which is defined by maximum height regulations, yard setbacks and other bulk regulations. (Ord. O-01-05 § 2 (part))

17.04.945 Zoning map.

“Zoning map” means the map delineating the boundaries of districts that, along with the zoning text of this code, comprise the zoning ordinance of the county. (Ord. O-01-05 § 2 (part))

17.04.950 Wireless communication definitions.

The following definitions shall apply to regulation and consideration of wireless communication facilities, as regulated by this title:

A. “Antenna array” means one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals. The antennas may include omnidirectional, directional, or parabolic types of antennas. The antenna array does not include the support structure (defined in subsection K of this section).

B. Attached Wireless Communication Facility—Attached WCF. An “attached WCF” is an antenna array attached to an existing building or structure (attachment structure) which structures shall include, but not be limited to, utility poles, signs, or water towers, with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.

C. “Co-location/site sharing” shall mean use of a common WCF or common site by two or more wireless license holders, or by one wireless license holder for more than one type of communications technology and/or placement of a WCF on a structure owned and operated by a utility or other public entity.

D. “Conditional use,” as defined in Section 17.04.190, shall be the land use classification for WCFs within Adams County, with certain exceptions as noted throughout other portions of this chapter (Section 17.74.070(B) through (F)).

E. “Development standards,” as used herein, shall mean those standards set forth in Section 17.74.060 of this chapter.

F. “Equipment facility” means any structure used to contain ancillary equipment for a WCF that includes cabinets, shelters, a build-out of an existing structure, pedestals and other similar structures.

G. “General aviation facility” means an airport facility that contains a utility runway where pilots rely on the visual approach method for landing and take-off practices. For the year 2001, all airports within Adams County shall conform to this definition.

H. Height. When referring to a WCF, “height” shall mean the distance measured from ground level to the highest point on the WCF, including antenna array.

I. “Review process,” as used herein, shall mean those processes set forth in Section 17.74.070 of this chapter.

J. “Setback” shall mean the required distance from other structures and the property line of the parcel on which the WCF is located to the support structure.

K. “Support structure” means a structure designed and constructed specifically to support an antenna array, and may include a monopole, self-supporting (lattice) tower, guy-wire support tower and other similar structures. Any device (attachment device) that is used to attach an attached WCF to any existing building or structure (attachment structure) shall be excluded from the definition of, and regulations applicable to, support structures.

L. “Temporary wireless communication facility” shall mean a WCF to be placed in use for ninety or fewer days.

M. “Wireless communication facility” means facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communications services, enhanced specialized mobile radio or any other services licensed by the Federal Communications Commission; and unlicensed wireless services including, but not limited to, associated equipment shelter, support tower and antenna array. (Ord. O-01-05 § 2 (part))

17.04.955 Adult entertainment definitions.

The following definitions shall apply to regulation and consideration of adult entertainment facilities, as regulated by this title:

A. “Adult arcade” means a retail establishment in which coin-operated, slug-operated, or still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas,” as defined herein, for observation by patrons within.

B. “Adult bookstore,” “adult novelty store,” “adult retail store” or “adult video store” means:

1. A commercial establishment that, as one of its principal purposes, offers for sale or rental for any form of consideration, one or more of the following:

a. Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, or video reproductions, slides, or other visual representations that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

b. Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.

2. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material, depicting or describing specified sexual activities or specified anatomical areas and still be categorized as:

a. “Adult bookstore,” “adult novelty store,” or “adult video store” if the other business purposes do not serve to exempt the commercial establishment from being categorized as an outdoor theater with a capacity of less than fifty persons where films, motion pictures, cable television, video cassettes, slides, or similar photographic reproductions are regularly shown that are distinguished or characterized by an emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” as defined herein, for observation by patrons herein.

b. “Adult motion picture theater” means an enclosed building with a capacity of fifty or more persons, or a portion of an enclosed building with a capacity of fifty or more persons, where films, motion pictures, cable television, video cassettes, slides, or similar photographic reproductions are regularly shown that are distinguished or characterized by an emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas,” as defined herein, for observation by patrons therein. “Adult mini theater” is one that has capacity of less than fifty persons as described above.

c. “Adult panorama establishment” means any building or portion of a building containing devices which for payment of a fee, membership fee, or other charge, is used to exhibit or display a picture, view, or other graphic display distinguished or characterized by an emphasis on matters depicting or relating to “specified sexual activities” or “specified anatomical areas,” as defined herein.

d. “Adult use” means any adult arcade, adult bookstore, adult mini theater, adult motion picture theater, adult panorama establishment, adult retail store or live adult entertainment establishment as defined herein.

e. “Adult use business” means any adult arcade, adult bookstore, adult mini theater, adult motion picture theater, adult panorama establishment, adult retail store or live adult entertainment establishment as defined herein, or any establishment which provides one or more of the activities listed herein.

f. “Employee” means any and all persons, including managers, entertainers, and independent contractors who work in or at or render any services directly related to the operation of an adult use business.

g. “Entertainer” means any person who provides live adult entertainment within an adult use business as herein defined whether or not a fee is charged or accepted for entertainment.

h. “Entertainment” means any exhibition or dance of any type, pantomime, modeling, or any other performance which provides for live adult use business as herein defined.

i. “Live adult entertainment establishment” means any building or portion of a building which contains any exhibition or dance which is for the benefit of a member or members of the adult public, or advertised for the use or benefit of a member of the adult public, held, conducted, operated, or maintained for profit, direct or indirect.

j. “Manager” means any person who manages, directs, administers, or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment premises. This term includes persons acting as assistant managers.

k. “Nude model studio” means a place where a person appears seminude, nude or who displays “specified anatomical areas” described herein, and the person is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any other form of consideration. “Nude model studio” does not include:

i. “State universities,” “regional universities,” “state colleges,” and “institutions of higher education,” as defined by RCW 28B.10.016;

ii. A “degree-granting institution” as defined by RCW 28B.85.010(3); and

iii. A studio located in a building that:

(A) Has no sign visible from the exterior of the building and no other advertising that indicates a nude or seminude person is available for viewing; and

(B) Where, in order to participate in a class, a student must enroll at least three days in advance of the class.

l. “Own or operate” means a person owns, operates, and/or has a significant operational interest in a sexually oriented business.

m. “Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.

n. “Public place” means any area generally visible to the public view and includes streets, sidewalks, bridges, alleys, plazas, driveways, and parking lots. “Public place” shall also mean any automobiles, whether moving or not, that are in the public view.

o. “Sensitive land uses” means those land uses which are particularly sensitive to the secondary effects of adult use businesses. Sensitive land uses include the following:

i. Churches, or other religious facilities or institutions;

ii. Multiple-family and single-family residential zones;

iii. Three or more residential dwelling units within one thousand feet of the proposed adult use business;

iv. Playgrounds and public parks;

v. Public and private schools, technical schools and training facilities which have twenty-five percent or more of their students under the age of eighteen;

vi. Manufactured home parks;

vii. Nursery school facilities as defined in Section 17.04.645; and

viii. Nursing home residential care facilities as defined in Section 17.04.650.

p. “Sexual activity” means any conduct described in RCW 9A.44.010(1) and (2), and any act of masturbation.

q. “Specified anatomical areas” means:

i. Less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; and

ii. Human male genitals in a discernibly turgid state even if completely or opaquely covered.

r. “Specified criminal activity” means an offense for prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution, or display of harmful material to a minor; promotion of sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar offenses to those described in this subsection under which the criminal code of other states or countries for which:

i. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

ii. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense;

iii. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period;

iv. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.

s. “Specified sexual activities” means:

i. Human genitals in a state of sexual stimulation or arousal; and/or

ii. Acts of human masturbation, sexual intercourse or sodomy, whether between persons of the same or opposite sex; and/or

iii. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

t. “Stock in trade,” for the purposes of this chapter, means all books, equipment, magazines, periodicals, pictures, posters, printed material, products (including prerecorded video tapes, discs, or similar material), or other items readily available for purchase, rental, viewing, or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not open to patrons. (Ord. O-01-05 § 2 (part))

17.04.960 Airport overlay definitions.

The following definitions shall apply to regulation and consideration of airport overlay zones, as regulated by this title:

A. “Airport” means the Othello Municipal Airport.

B. “Airport elevation” means the highest point of an airport’s useable landing area measured in feet from sea level. The Othello Municipal Airport is one thousand one hundred forty-five feet above mean sea level.

C. “Approach surface” means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section 17.40.040. The perimeter of the approach surface coincides with the perimeter of the approach zone.

D. Approach, Transitional, Horizontal, and Conical Zones. These zones are defined in Section 17.40.030.

E. “Conical surface” means a surface extending outward and upward from the periphery of the horizontal surface at a slope of ten to one for a horizontal distance of four thousand feet.

F. “Hazard to air navigation” means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

G. Height. In determining the height limits in all zones and as shown on the approach and clear zone map, this datum shall be mean sea level elevation unless otherwise specified.

H. “Horizontal surface” means a horizontal plane one hundred fifty feet above the established airport elevation, the perimeter of which plane coincides with the perimeter of the horizontal zone. This is one thousand two hundred ninety-five feet above mean sea level for the Othello Municipal Airport.

I. “Obstruction” means any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section 17.40.040.

J. “Person” means an individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity, including a trustee, receiver, assignee, or similar representative of any of them.

K. “Primary surface” means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred feet beyond each end of the runway. The width of the primary surface is set forth in Section 17.40.030. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

L. “Runway” means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

M. “Structure” means an object (including a mobile object) constructed or installed by persons, including, but without limitation, buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.

N. “Transitional surfaces” means those surfaces extending outward at ninety-degree angles to the runway slope of seven feet horizontally for each foot vertically, from the sides of the primary and approach surfaces to where they intersect with the horizontal surface.

O. “Tree” means any object of natural growth.

P. “Utility runway” means a runway that is constructed for and intended to be used by propeller-driven aircraft of twelve thousand five hundred pounds maximum gross weight or less.

Q. “Visual runway” means a runway extended solely for the operation of aircraft using visual approach procedures. (Ord. O-01-05 § 2 (part))

Code reviser’s note: Ordinance O-03-08 adds this definition as Section 17.04.877. The section has been editorially renumbered to prevent duplication of numbering.