Chapter 17.06 ACRONYMS AND DEFINITIONS

CMC	Chehalis Municipal Code
COE	Corps of Engineers (U.S. Army)
DEIS	draft environmental impact statement
DFW	Department of Fish and Wildlife (Washington)
DNS	determination of nonsignificance
DOE	Department of Ecology (Washington)
DRC	development review committee
DS	determination of significance
EIS	environmental impact statement
FAA	Federal Aviation Administration
FEIS	final environmental impact statement
FEMA	Federal Emergency Management Agency
FHZ	flood hazard zone (100-year floodplain)
FIRM	flood insurance rate map
FIS	flood insurance study of 2006
FTZ	foreign trade zone
GHA	geologically hazardous area
GMA	Growth Management Act (of 1990, as amended)
HPA	Hydraulic Project Approval (Washington)
HUD	Housing and Urban Development Department (Federal)
IAPMO	International Association of Plumbing and Mechanical Officials
IBC	International Building Code
ICBO	International Conference of Building Officials
IFC	International Fire Code
IMC	International Mechanical Code
JARPA	Joint Aquatic Resource Permit Application (Washington)
MDNS	mitigated determination of nonsignificance
MHW	mean high water
NWI	National Wetland Inventory (Map)
OHWM	ordinary high water mark
PUD	planned unit development
RCW	Revised Code of Washington
SBCC	State Building Code Council (Washington)
SEIS	supplemental environmental impact statement
SEPA	State Environmental Policy Act (Washington)
SMA	Shorelines Management Act (Washington)
SMP	shorelines master program (local)
SSDP	shorelines substantial development permit (local)
UCADB	Uniform Code for the Abatement of Dangerous Buildings
UGA	Urban Growth Area
UGB	Urban Growth Boundary
UHC	Uniform Housing Code
UPC	Uniform Plumbing Code
WAC	Washington Administrative Code
WFCA	Western Fire Chiefs Association

[Ord. 720B § 1, 2002.]

17.06.010 Definitions adopted.

A. Certain definitions relating to uses and occupancies are identified in Appendix Chapter F, and may be different from definitions found in the adopted uniform codes. Where a difference exists between the definitions contained in the uniform codes and Appendix Chapter F, the code definitions shall apply in the administration and enforcement of the uniform codes, and the appendix definitions shall apply in all other circumstances.

B. The administrator shall interpret and apply the definitions identified in Appendix Chapter F as they relate to the administration of this title. The most narrow definition shall first be applied to a specific project or proposal. [Ord. 720B § 1, 2002.]

17.06.020 Additional definitions.

In addition to the words and terms, and their definitions, adopted by CMC 17.06.010, the following words and terms shall have the meanings indicated. In the case of a disagreement between persons of interest regarding the interpretation or application of any word or term herein defined, the administrator shall determine the interpretation of such word, and the application to the particular circumstance, subject to appeal by any person of interest consistent with CMC 17.09.160. [Ord. 720B § 1, 2002.]

17.06.030 Administrator.

“Administrator” means the community development director or a designee. [Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]

17.06.040 Appeal.

“Appeal” means the request for relief from compliance with a specific requirement of this title for cause. [Ord. 720B § 1, 2002.]

17.06.050 Building official.

“Building official” means the community development director or a designee. [Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]

17.06.060 Development permit.

“Development permit” means the official document issued by the city authorizing specified activity upon a designated real property or portion thereof. [Ord. 720B § 1, 2002.]

17.06.070 Development review committee (DRC).

“Development review committee (DRC)” means the assembly of the building official, fire marshal, director of community development, director of public works, chief of police, fire chief, and any other person having a statutory or contractual authority to make decisions on development permit applications, for the purpose of joint review and decision-making related to specific development permit applications. [Ord. 810B § 6, 2006; Ord. 767B, 2004; Ord. 766B, 2004; Ord. 720B § 1, 2002.]

17.06.080 Director of community development.

“Director of community development” means the position created by Chapter 2.24 CMC. [Ord. 810B § 6, 2006; Ord. 720B § 1, 2002.]

17.06.090 Director of public works.

“Director of public works” means the position created by Chapter 2.40 CMC. [Ord. 720B § 1, 2002.]

17.06.100 Chief of police and fire chief.

“Chief of police” and “fire chief” means the positions created by Chapters 2.28 and 2.30 CMC. [Ord. 767B, 2004; Ord. 766B, 2004; Ord. 720B § 1, 2002.]

17.06.105 Essential services.

“Essential services” means:

A. Utility services necessary for the proper use or occupancy of development including water, sewer, electricity and storm water management, and may include natural gas, telephone, and any other service required to comply with the occupancy requirements of the building and fire codes.

B. Government services necessary for the health, welfare and safety of the public, including fire and police protection, transportation safety, building safety and nuisance abatement. [Ord. 720B § 1, 2002.]

17.06.110 Hearing examiner.

“Hearing examiner” means the position created herein to hear, decide, and adjudicate appeals from decisions made by the city under this title, and requests for variances and conditional use permits. [Ord. 720B § 1, 2002.]

17.06.120 Development engineering standards.

“Development engineering standards” means the adopted standards contained in the development engineering standards, and any requirement of the public works director as it relates to development upon or abutting a public right-of-way, or any development associated with a water, wastewater and/or storm water utility. [Ord. 819B § 13, 2007; Ord. 720B § 1, 2002.]

17.06.130 Planning commission.

“Planning commission” means the seven-member commission created by Chapter 2.48 CMC. [Ord. 720B § 1, 2002.]

17.06.140 Agency.

“Agency” means any federal, state, or local governmental body, board, commission, department, or officer authorized to make law, hear contested cases, or otherwise approve, modify, condition or deny development permit applications. [Ord. 720B § 1, 2002.]

17.06.150 Historic commission.

“Historic commission” means the seven-member commission created by Chapter 2.66 CMC. [Ord. 720B § 1, 2002.]

17.06.160 Substantial alteration.

“Substantial alteration” means any alteration, remodel, renovation or otherwise changing any building or structure, but not repair, the cost or valuation of which exceeds 50 percent of the assessed value of the building or structure prior to starting the construction activity. [Ord. 720B § 1, 2002.]

17.06.170 Substantial repair.

“Substantial repair” means any repair of any damage to an existing building or structure to its status prior to the damage occurring, the cost or valuation of which exceeds 50 percent of the assessed value of the building or structure prior to the occurrence of the damage. [Ord. 720B § 1, 2002.]

17.06.180 Hazardous waste.

“Hazardous waste” means any solid, liquid or gas which is a byproduct or waste product of any process or procedure, and which substance is regulated by RCW 70.105.010, Model Toxics Control Act, or any amendment thereto. [Ord. 720B § 1, 2002.]

17.06.190 On-site.

“On-site” means constructed, generated, installed, created or otherwise occurring upon a single legal tax lot of record. [Ord. 720B § 1, 2002.]

17.06.200 Off-site.

“Off-site” means constructed, generated, installed, created or otherwise occurring upon any property other than a subject legal tax lot of record. [Ord. 720B § 1, 2002.]

17.06.210 Arterial street.

“Arterial street” means:

A. North Market Boulevard; South Market Boulevard; Jackson Highway; North National Avenue; Northeast Kresky Road; West Main Street; Northwest Chamber of Commerce Way; Southwest 13th Street; Southwest Parkland Drive; Rice Road; Southwest Interstate Avenue, each of these being a designated major arterial.

B. Southwest Cascade Avenue; Northeast Cascade Avenue; Northwest State Avenue; Southwest 20th Street; Bishop Road; Northwest Chehalis Avenue; Northwest Pacific Avenue; Northwest Airport Road; Rush Road, each of these being a designated secondary arterial.

C. Northeast Washington Avenue; Southeast Washington Avenue; Northwest Louisiana Avenue; Southwest Chehalis Avenue; Southwest 16th Street; Southwest Snively Avenue; Northwest West Street; Sturdevant Road; Ribelin Road; Maurin Road, each of these being a designated collector arterial.

D. If any of the above-named streets are not consistent with the adopted development engineering standards definition of arterial streets, this section shall be used in the application of this title, and the standards may be used in the application of transportation issues administered by public works. [Ord. 819B §§ 5, 13, 2007; Ord. 750B § 1, 2003; Ord. 720B § 1, 2002.]

17.06.220 Ordinary high water mark (OHWM).

“Ordinary high water mark (OHWM)” means the line or mark on all lakes, streams and tidal waters where the presence and action of the water is so common and usual, and so long continued in ordinary years, so as to mark upon the soil and/or vegetation a characteristic different and distinct from that of the abutting upland; provided, in any area where the OHWM cannot be reasonably determined, the OHWM shall be the line of mean high water (MHW). [Ord. 720B § 1, 2002.]

17.06.230 Shorelines.

“Shorelines” means all of the water areas of the state, and their associated wetlands lying within a 100-year floodplain, together with the lands under such areas except:

A. Shorelines of statewide significance;

B. Shorelines on segments of streams upstream from a point where the mean annual flow is 20 cfs or less and the wetlands associated with such upstream segments; and

C. Shorelines of lakes less than 20 acres in size and wetlands associated with such small lakes. [Ord. 720B § 1, 2002.]

17.06.240 Shoreline of statewide significance.

“Shoreline of statewide significance” means that portion of a river or stream downstream from a point where the mean annual flow is measured at 2,000 cfs or more and wetlands associated with such portions (Chehalis River). [Ord. 720B § 1, 2002.]

17.06.250 Shorelines of the state.

“Shorelines of the state” means the total of all shorelines and shorelines of statewide significance within the state. [Ord. 720B § 1, 2002.]

17.06.260 Substantial development (Shoreline Management Act).

“Substantial development (Shoreline Management Act)” means any development of which the total cost, or fair market value, exceeds $2,500 or any development which materially interferes with normal public use of the water or shorelines of the state except that the following shall not be considered substantial developments:

A. Normal maintenance or repair of existing structures or developments, including damage by fire, accident, or the elements;

B. Construction of the normal protective bulkhead common to single-family residences;

C. Emergency construction necessary to protect property from damage by the elements;

D. Construction of a barn or similar agricultural structure on shorelands. Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels;

E. Construction or modification of navigational aids such as markers and anchor buoys;

F. Construction on shorelands by an owner, lessee or contract purchaser of a single-family residence for his own use or for the use of his family, which residence does not exceed a height of 35 feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this title;

G. Construction of a dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of a single-family residence, for which the cost or fair market value, whichever is higher, does not exceed $2,500;

H. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water from the irrigation of lands;

I. The marking of property lines or corners on state-owned lands, when such marking does not significantly interfere with normal public use of the surface of the water;

J. Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on the effective date of the 1975 amendatory act which were created, developed or utilized primarily as a part of an agricultural drainage or diking system;

K. Any project with a certification from the governor pursuant to Chapter 80.50 RCW;

L. The construction of up to 500 feet of one and only one road or segment of a road, for forest practices, provided such road does not enter the shoreline more than once. Such exemption from said permit requirement shall be limited to a single road or road segment for each forest practice and such road construction shall be subject to the requirements of Chapter 76.09 RCW, the Forest Practices Act, and regulations adopted pursuant thereto and to the prohibitions or restrictions of any master program in effect under the provision of Chapter 90.58 RCW. Nothing in this subsection shall add to or diminish the authority of the Shoreline Management Act regarding road construction except as specifically provided herein. The provisions of this subsection shall not relate to any road which crosses over or through a stream, lake, or other water body subject to Chapter 90.58 RCW. [Ord. 720B § 1, 2002.]

17.06.270 Development.

“Development” means any manmade change to improved or unimproved real estate, rights-of-way or water bodies which changes or alters such area of activity in any manner or degree from the status of such area prior to the activity or use. Development includes, but is not limited to, buildings, other structures, mining, dredging, filling, grading, paving, excavation, drilling, and storage occupancies. [Ord. 836B § 1, 2008; Ord. 769B § 1, 2004; Ord. 720B § 1, 2002.]

17.06.280 Adult entertainment.

“Adult entertainment” means any dance, amusement, show, display, exhibition, pantomime, modeling or any other like performance of any type, or the provision of a facility for the use or benefit of a member or members of the public, or advertised for the use or benefit of a member of the public, where such activity is characterized by the performer’s nudity or the exhibition of specified sexual activities, or which emphasizes and seeks to arouse or excite the patron’s sexual desires. [Ord. 720B § 1, 2002.]

17.06.290 Nudity.

“Nudity” means:

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

B. Human male genitals in a discernibly turgid state even if completely and opaquely covered. [Ord. 720B § 1, 2002.]

17.06.300 Specified sexual activities.

“Specified sexual activities” means:

A. Human genitals in a state of sexual stimulation, arousal or erection;

B. Acts of human masturbation, sexual intercourse, or sodomy, including any such act involving any animal;

C. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. [Ord. 720B § 1, 2002.]

17.06.310 Adult entertainment business.

“Adult entertainment business” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult motion picture theater, adult motel, adult exotic dance studio, or any similar business activity providing adult entertainment. [Ord. 720B § 1, 2002.]

17.06.320 Adult arcade.

“Adult arcade” means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, computer-generated or enhanced pornography, panorama, peep show, or similar machines, or other image-producing machines, for personal viewing, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions and which provide materials for individual viewing by patrons on the premises of the business which are characterized by the depiction or description of nudity or specified sexual activities including any device which, upon insertion of a coin or by any other means, exhibits or displays a picture or view by film, video, or by any other means. [Ord. 720B § 1, 2002.]

17.06.330 Adult bookstore.

“Adult bookstore” means a commercial establishment which has as a significant or substantial portion of its stock-in-trade or revenues, “substantial” meaning 20 percent or more, for any form of consideration, books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, slides, or other photographic reproductions or visual representations which are characterized by the depiction or description of nudity or specified sexual activities, whether or not associated with any adult novelty store or adult video store. [Ord. 720B § 1, 2002.]

17.06.332 Adult novelty store.

“Adult novelty store” means a commercial establishment which has as a significant or substantial portion of its stock-in-trade or revenues, “substantial” meaning 20 percent or more, for any form of consideration, tangible personal fixtures, equipment and/or devices used or advertised for use with specified sexual activity, books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, slides, or other photographic reproductions or visual representations which are characterized by the depiction or description of nudity or specified sexual activities, whether or not associated with any adult book store or adult video store. [Ord. 720B § 1, 2002.]

17.06.334 Adult video store.

“Adult video store” means a commercial establishment which has as a significant or substantial portion of its stock-in-trade or revenues, “substantial” meaning 20 percent or more, for any form of consideration, books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, slides, or other photographic reproductions or visual representations which are characterized by the depiction or description of nudity or specified sexual activities, whether or not associated with any adult novelty store or adult book store. [Ord. 720B § 1, 2002.]

17.06.340 Adult motion picture theater.

“Adult motion picture theater” means a commercial establishment where films, motion pictures, video cassettes, slides, computer-generated images, or similar photographic reproductions characterized by the depiction or description of nudity or specified sexual activities are regularly shown for any form of consideration. [Ord. 720B § 1, 2002.]

17.06.350 Exotic dance studio.

“Exotic dance studio” means a nightclub, bar, tavern, lounge, restaurant, or other commercial establishment to which any member of the public is invited or admitted and where an entertainer provides live adult entertainment performances to or for any member of the public. [Ord. 720B § 1, 2002.]

17.06.360 Topless bar.

“Topless bar” means an exotic dance studio wherein patrons may observe any live performer having uncovered breast or breasts. [Ord. 720B § 1, 2002.]

17.06.370 Adult cabaret.

“Adult cabaret” means an exotic dance studio wherein music is provided to patrons observing live performers on a stage or platform. [Ord. 720B § 1, 2002.]

17.06.380 Adult motel.

“Adult motel” means any motel which provides for room rental for less than a 24-hour period, e.g., hourly rates. [Ord. 720B § 1, 2002.]

17.06.390 Incidental sales.

“Incidental sales” means any sale of personal property from a residential building or occupancy which occurs on an unscheduled and infrequent basis (e.g., yard sale, garage sale). [Ord. 720B § 1, 2002.]

17.06.400 Water-dependent.

“Water-dependent” means any use or occupancy which requires the adjacent proximity to any aquatic resource as the primary and essential component of its viability, such use or occupancy being unable to function without such proximity. [Ord. 720B § 1, 2002.]

17.06.410 Water-oriented.

“Water-oriented” means any use or occupancy which may be significantly enhanced by its proximity to any aquatic resource, but is not water-dependent. [Ord. 720B § 1, 2002.]

17.06.420 Non-water-oriented.

“Non-water-oriented” means any use or occupancy which is not water-dependent or water-oriented. [Ord. 720B § 1, 2002.]

17.06.430 Parade.

“Parade” means the gathering of two or more persons upon a public right-of-way, and not maintaining a fixed position, attempting to acquire the interest or attention of the general public for any reason or cause. [Ord. 720B § 1, 2002.]

17.06.440 Flag lot.

“Flag lot” means any lot having the principal developable area located rearward from a regular lot, generally consistent with the layout and configuration depicted in Appendix Chapter Q. [Ord. 720B § 1, 2002.]

17.06.450 Lot width.

“Lot width” means:

A. For a square, rectangular or trapezoid-shaped lot, the dimension measured along its front property line.

B. For an irregular-shaped lot, the dimension obtained by averaging its front property line and its rear property line, provided the rear property line dimension shall not be less than 10 feet for the purpose of this calculation. [Ord. 769B § 2, 2004.]

17.06.460 Basement.

“Basement” means any area of the building having its floor below ground level on all sides. [Ord. 769B § 3, 2004.]

17.06.470 Lowest floor (floodplain management).

“Lowest floor (floodplain management)” means the lowest floor of the lowest enclosed area of a building, including basements. An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access, or storage in an area other than a basement is not considered a lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements (i.e., provided there are adequate flood ventilation openings). [Ord. 836B § 2, 2008; Ord. 769B § 4, 2004.]

17.06.480 Substantial damage.

“Substantial damage” means damage from any origin sustained by a building or structure whereby the cost of restoring the building or structure to its condition (status) prior to the damage would equal or exceed 50 percent of the market value of the building or structure before the damage occurred. [Ord. 769B § 5, 2004.]

17.06.490 Substantial improvement.

“Substantial improvement” means any repair, reconstruction or improvement of a building or structure the cost of which equals or exceeds 50 percent of the market value of the building or structure either:

A. Before the improvement or repair is started (start of construction); or

B. If the building or structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure; provided, substantial improvement does not include:

1. Any improvement of an existing building or structure solely to correct pre-cited existing violations of state or local health, sanitary or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; and

2. Any alteration of a building or structure listed on the National Register of Historic Places or the State Inventory of Historic Places. [Ord. 836B § 3, 2008; Ord. 769B § 6, 2004.]

17.06.500 Watercourse (floodplain management).

“Watercourse (floodplain management)” means the Chehalis River, Newaukum River, Salzer Creek, Coal Creek, Dillenbaugh Creek, Dillytwig Creek and Berwick Creek. [Ord. 769B § 7, 2004.]