Article I. Introductory Provisions
Chapter 17.04
GENERAL PROVISIONS
Sections:
17.04.030 Scope and compliance.
17.04.010 Short title.
The provisions of this title and amendments to it shall be known and may be cited as “The Colville Zoning Ordinance, CMC Title 17.” (Ord. 1160 NS § 1, 1997).
17.04.020 Purpose and intent.
It is the purpose and intent of this title to:
A. Facilitate orderly growth and development of the city consistent with the goals and guidelines of the Colville comprehensive plan;
B. Protect the health, safety, and general welfare of city residents;
C. Promote sound economic development and protect property values;
D. Promote the wise use of the area’s natural resources;
E. Establish land use districts and provide for the appropriate regulation of land use within those districts;
F. Provide flexible regulations which encourage compatible and efficient land use;
G. Provide a clearly defined and streamlined review process; and
H. Provide for the administration and enforcement of these regulations. (Ord. 1160 NS § 1, 1997).
17.04.030 Scope and compliance.
The provisions of this title shall be held to be minimum requirements, adopted for the promotion of the public health, safety, or general welfare. Wherever the requirements of this title differ from the requirements of any lawfully adopted rules, regulations, ordinances, the most restrictive or that imposing the higher standards shall govern. (Ord. 1160 NS § 1, 1997).
17.04.040 Interpretation.
A. Except where specifically defined herein, all words used in this title shall carry their customary meanings. Words used in the present tense include the future, and the singular includes the plural; the word “shall” is always mandatory, the word “may” is permissive and denotes the use of discretion in making a decision, subject to the judgment of the administrative official of this title. The words “used” or “occupied” include the words “intended,” “designed,” or “arranged to be used or occupied.”
B. The administrative official shall interpret and rule on the meaning, intent and proper general application of the provisions of this title. Upon written request and as determined necessary, the administrative official shall issue a written interpretation within 30 days of receipt of the request. The written interpretation shall concisely identify the issue as well as the reasoning behind the interpretation.
C. The administrative official may permit in a zone any use not specifically described in this title after a finding that such use is similar to uses permitted in the zone and that the use is in keeping with the spirit and intent of the zone in which the use is to be located. (Ord. 1160 NS § 1, 1997).
17.04.050 Fees.
The city council shall establish a schedule of fees, charges, and expenses and a collection procedure for appeals and other matters pertaining to this title. The schedule of fees shall be posted in the office of the administrative official and may be altered or amended only by the city council. (Ord. 1160 NS § 1, 1997).
17.04.060 Definitions.
The following definitions shall be used in the implementation of this title. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used.
“Accessory dwelling unit” means a dwelling unit located on the same lot as a single-family detached housing unit.
“Accessory use or structure” means a use or structure on the same lot with and of a nature customarily incidental and subordinate to the principal use or structure.
“Administrative official” means the person designated by the city council to administer this title or his/her designated representative.
“Adult entertainment” means any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing as to expose any portion of the female breast below the top of the areola or any portion of the human pubic region, anus, buttocks, or wearing any device or covering exposed to view what simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, or genitals, even if completely and opaquely covered. This includes any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, or simulation or relation to human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, or fondling or other erotic touching of human genitals, pubic region, or female breast.
“Adult family home” means the regular family abode of a person or persons who are providing personal care, room and board to 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.)
“Alley” means a passage or way open to public travel and dedicated to public use other than a public street affording generally a secondary means of vehicular access to abutting lots and not intended for general traffic circulation. Alleys are not considered streets under the terms of this title.
“Amendment” means a change in the zoning ordinance codified in this title. There are two types of zoning related amendments: those that request a reclassification of land allowing a change in the range of permitted uses on a specific piece of property and those which request a change in the text of this title. See Chapter 17.96 CMC for amendment procedure.
“Amusement enterprise” means establishments engaged in providing entertainment for a fee and including such activities as dance halls, bowling alleys, shooting galleries, roller or ice rinks, and trampoline facilities.
Animals. See “livestock” and “pet, household.”
“Assembly area” means any area used for the gathering and congregation of persons with or without the provision of seating and including any area designed for spectator activity.
“Automobile repair” means an establishment providing major repair and/or maintenance of motor vehicles, including mechanical repair, replacement of parts, body repair, painting, engine overhaul or other major repair or maintenance.
“Bed and breakfast” means a residence where sleeping, bathing and toilet accommodations and eating for one or more persons are provided for hire on a daily or weekly basis, and where the living spaces of the residents are shared by the guests.
“Binding site plan” means a drawing to a scale of one inch equals 100 feet or larger which:
A. Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by this title;
B. Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by elected city officials; and
C. Contains provisions ensuring that development is in conformity with the site plan.
“Board” means the city of Colville zoning board of adjustment.
“Boarding house” means a dwelling unit having only one kitchen within which is provided not more than five guest rooms providing lodging (with or without provision of meals) for compensation. A boarding house containing guest rooms numbering six or more shall be considered a hotel.
“Building height” means the vertical distance measured from the average elevation of the proposed finished grade around the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The height of a stepped or terraced building is the maximum height of any segment of the building (see Figure 1 in Appendix A).
“Carport” means a roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.
“Child day care center” means a facility providing for the care of 13 or more children. No such center shall be located in a private residence unless a portion of the residence where the children have access is used exclusively for the children during the hours the center is in operation or is separate from the usual living quarters of the family.
“Child mini-day care center” means:
A. A day care facility for the care of 12 or fewer children in a facility other than the dwelling of the person or persons under whose care and supervision the children are placed; or
B. A day care facility for the care of from seven to 12 in the dwelling of the person or persons under whose care and supervision the children are placed.
“Church” means a building used exclusively for religious worship and schooling or other activity in connection therewith.
“Closed record appeal” means a hearing based on the record established at an open record hearing, where no new testimony or evidence is admitted.
“Colony” means a community of bees having a queen, thousands of workers, and during part of the year a number of drones; the bees that live together as one family in a structure; a hive. For the purposes of this title, a single hive generally will have two brood chambers with several honey supers at times; not to exceed a 10-frame Langstroth design.
“Commission” means the city of Colville planning commission.
“Conditional use” means an unusual and/or unique type of land use which due to its nature requires special consideration of its impact on the neighborhood and land uses in the vicinity. Therefore, a permit specifying the conditions that must be met in order to establish and operate the use on the proposed site is required. Conditional use permits (CUPs), which run with the land, are reviewed and approved by the Colville zoning board of adjustment in accordance with Chapter 17.84 CMC.
“Convalescent, nursing, or retirement and rest home” means a home or place of residence, the operator of which is licensed by the state of Washington to give special care or supervision to his or her charges and in which nursing, dietary, and other personal services are furnished to convalescents, invalids, and aged persons but in which are kept no persons suffering from mental sickness or from contagious or communicable disease and in which no surgery or other primary treatments such as are customarily provided in hospitals or sanitariums are performed.
“Critical area buffer” means an area that surrounds and protects a critical area from adverse impacts to the functions and values of the resource.
“Critical areas” includes the following areas and ecosystems: (A) wetlands; (B) areas with a critical recharging effect on aquifers used for potable water; (C) habitat conservation areas; or (D) geologically hazardous areas.
“Dangerous waste” means those solid wastes designated in WAC 173-303-070 through 173-303-103 as dangerous or extremely hazardous waste.
“Designated manufactured home” means a manufactured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which:
A. Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long;
B. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 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.
D. Complies with all local design standards applicable to other homes within the neighborhood in which the manufactured home is to be located
“Development agreement” means a legally binding agreement between a property owner and the city which establishes the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. The city shall adopt a development agreement by ordinance or resolution.
“Developmental disabilities” means a cognitive, emotional, or physical impairment, especially one related to abnormal sensory or motor development that appears in infancy or childhood and requires ongoing supervision or medical care; as documented or recognized by a medical professional.
“District” or “zone” means an area accurately defined as to the boundaries and location on the official zoning map and within which area certain land use regulations as prescribed by the text of this title apply.
“Dwelling, duplex” means a structure designed exclusively for occupancy by two families living independently of each other, doing their own cooking and containing two dwelling units. Such building has a common roof or the dwelling units are joined by a common roof.
“Dwelling, multifamily” means a structure designed exclusively for occupancy by three or more families living independently of each other and containing three or more dwelling units.
“Dwelling, single-family” means a structure designed for and occupied by one family only.
“Dwelling, single-family attached” means a structure designed exclusively for occupancy by multiple families living independently of each other with each owning their own unit. Such building has a common roof or the dwelling units are joined by a common roof. Examples are condominiums, townhouse, or row houses.
“Dwelling unit” means one or more rooms designed, occupied or intended for occupancy as living quarters, with cooking, sleeping, and bathroom facilities.
“Essential public facilities” means facilities needed for the health, safety, and general welfare of the community, such as utilities and the equipment and appurtenances necessary for such systems to furnish an adequate level of service for the area in which it is located.
“Factory-built housing” means housing designed for human occupancy, such as a single-family dwelling, in which the structure of any room is entirely or substantially prefabricated or assembled at a place other than the building site. Factory-built housing complies with all the requirements of the Uniform Building Code and does not include manufactured housing or mobile homes.
“Fair” means an event held during a specified time and location for the purpose of buying and selling of goods and/or produce, exhibition, competition, entertainment, information, or charitable event.
“Family” means a group of individuals not necessarily related by blood, marriage or legal custody living together in a dwelling unit, as a single housekeeping unit under a common management plan based on an intentionally structured relationship providing organization and stability.
“Farming” means the cultivation of land for the production of crops, and only including the raising of livestock when in compliance with CMC 17.64.180.
“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 separating parcels of land.
“Fence height” means the vertical distance measured from the finished grade (ground) level to the highest board, rail, post, or wire, including any retaining wall.
“Flag lot” means a lot not fronting on or abutting a public road but with access to the public road by a narrow, private right-of-way or driveway (see Figure 2 in Appendix A).
“Floating zone or district” means a zoning district established and regulated by this title but which is unmapped. The zoning district and its associated regulations are “anchored” to the land only after a rezone reclassification is approved for a particular piece of property.
“Floor area ratio (FAR)” means the gross floor area of all buildings or structures on a lot divided by the total lot area.
“Frontage wall” means the front side of a building which extends in a direction parallel to the public right-of-way.
“Geologically hazardous areas” means an area that is not suited for development because of its susceptibility to erosion, sliding, earthquakes, or other geological events hazardous to public health and safety.
“Habitat conservation area” includes: (A) areas with which species designated as endangered, threatened, and sensitive under Section 7 of the Endangered Species Act have primary association; (B) habitats and species of local importance; (C) naturally occurring ponds under 20 acres and their submerged aquatic beds that provide wildlife habitat; (D) waters of the state; and (E) state natural area preserves and natural resource conservation areas.
“Hardship” means physical characteristics of a property that are peculiar to the land, such as topography, soils, and dimensions, and that interfere with the application of the development standards for the district in which the property is located.
“Hazardous waste” means all dangerous and extremely hazardous waste.
“Hazardous waste generator” means any person or site whose act or process produces dangerous waste or whose act first causes a dangerous waste to become subject to regulations under the Dangerous Waste Regulations, Chapter 173-303 WAC.
“Hazardous waste, off-site” means a hazardous waste treatment and storage facility that treats and stores waste from generators on properties other than those on which the facility is located.
“Hazardous waste, on-site” means a hazardous waste treatment and storage facility which treats and stores wastes generated on the same lot.
“Hazardous waste storage” means the holding of dangerous waste for a temporary period. Accumulation of dangerous waste by the generator on the site of generation is not storage as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201.
“Hazardous waste treatment” means the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in value.
“Home improvement” means retail stores whose wares are contained within the building and carry products for the purpose of refurbishing, renovating, decorating, or maintaining a residence, including, but not limited to, floor covering, interior decorating, painting, or wallpapering.
“Home occupation” means a business that is operated entirely within a dwelling unit or accessory structure, the activity of which is clearly incidental to the use of the residence as a dwelling.
“Hospital” means a building designed and used for the medical and surgical diagnosis, treatment, and housing of persons under the care of doctors and nurses. Convalescent, nursing, and retirement homes are not included in this definition.
“Hospital, veterinary and animal” means a building or premises for the medical or surgical treatment for animals or pets, including boarding of hospitalized animals but excluding any exterior kennels, cages, or runs.
“Hotel” means a building or portion of a building providing six or more guest rooms without cooking facilities for the lodging of transient persons, with or without provision of meals, in return for compensation.
“Housing for people with functional disabilities” means housing used, or intended for use, by persons with functional disabilities. The term includes, but is not limited to, adult family homes, residential care facilities, and housing for any supported living arrangement, as defined in this chapter.
“Kennel” means any land or building in which four or more dogs or cats at least four months of age are kept commercially for board, propagation, or sale.
“Landscape area” means a planted area that includes trees, lawns, and plants, other than weeds. Landscape areas can include natural materials, such as rocks, and pedestrian and vehicular access points.
“Livestock” means animals typically associated with farming that are for use or consumption by people.
“Loading space, off-street” means an off-street parking space or berth used for the loading and unloading of products or materials from vehicles. Required off-street loading spaces are not to be included as off-street parking for purposes of meeting the parking standards in this title.
“Lot” means a designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.
“Lot coverage” means the percentage of the total lot area covered by structures, including all projections except eaves. Accessory buildings shall be counted in the computation of lot coverage.
“Lot frontage” means the portion of a lot nearest the street. On corner lots and through lots, all sides of a lot adjacent to streets shall be considered “front yards” (see Figure 1 in Appendix A).
“Lot measurements” means as follows:
A. “Depth” means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line.
B. “Width” means the dimension of the lot line at the street right-of-way line; or, in an irregularly shaped lot, the dimension across the lot at the building setback line; or, in a corner lot, the narrow dimension of the lot at a street or building setback line.
“Lot of record” means a legally created lot which is part of a subdivision recorded in the office of the Stevens County auditor, or a lot or parcel described by metes and bounds, the description of which has been so recorded, or by GLO subdivision method.
“Lot types.” The diagram (see Figure 2 in Appendix A) which follows illustrates terminology used in this title with reference to “corner lots,” “interior lots,” and “through lots.” In the diagram:
A. A equals “corner lot,” defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. See lots marked A(1) in the diagram.
B. B equals “interior lot,” defined as a lot other than a corner lot with only one frontage on a street.
C. C equals “through lot,” defined as a lot other than a corner lot with frontage on more than one street. Through lots may be referred to as double frontage lots.
D. D equals “flag lot,” defined as a lot not fronting on or abutting a public road but with access to the public road by a narrow, private right-of-way or driveway.
“Manufactured home” means a single-family dwelling built according to the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, which is also a national, preemptive building code. A manufactured home:
A. Includes plumbing, heating, air conditioning, and electrical systems;
B. Is built on a permanent chassis; and
C. Can be transported in one or more sections with each section at least eight feet wide and 40 feet long when transported, or when installed on the site is 320 square feet or greater (see RCW 46.04.302). References to manufactured homes include mobile homes.
“Manufactured home park” means a tract of land under single ownership or control upon which two or more manufactured homes occupied as dwellings may be located.
“Manufactured home space” means a plot of ground within a mobile home park designated to accommodate one manufactured home.
“Marquee” means a permanent roofed structure attached to and supported by the building and projecting over public property. A marquee shall include any object or decoration attached to or a part of the marquee.
“Medical clinic” means a building or group of buildings designed for the use of physicians, dentists, and others engaged in the practice of the healing arts and licensed by the state of Washington.
“Miniwarehouse” means a fully enclosed building or group of buildings that contains varying sizes of individual, compartmentalized, controlled-access stalls or lockers for the storage of customer’s goods and wares.
“Mitigation” means compensating for impacts to a critical area, particularly wetlands, such that no overall net loss in either size or function occurs.
“Mobile home” means a factory-built dwelling fabricated prior to June 15, 1976, to standards other than the Housing and Urban Development (HUD) Code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the HUD Manufacture Home Construction and Safety Standards Act.
“Motel” means a building or group of buildings containing six or more individual sleeping units or guest rooms without cooking facilities, where lodging with or without provision of meals is provided for compensation. Motels are designed to temporarily accommodate the automobile tourist or transient with parking facilities conveniently located near each unit.
“Net development area” means the total lot area minus the land area set aside for dedicated public streets, utility easements, schools, and public parks.
“New manufactured home” means any manufactured home required to be titled under RCW Title 46 which has not been previously titled to a retail purchaser, and is not a “used mobile home” as defined in RCW 82.45.032(2).
“Open record hearing” means a hearing that creates the record through testimony and submission of evidence and information.
“Outdoor storage” means the keeping of material, merchandise, goods, or vehicles outside of a building or in a screened area in the same place for more than 24 hours.
“Overlay district” means a district specifically delineated on the zoning map establishing land use requirements that govern in addition to the standards of the base district.
“People 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 or instrumental activities of daily living; or
2. Needing support to ameliorate or compensate for the effects of the functional disability to lead as independent a life as possible; or
3. Having a physical or mental impairment which substantially limits one or more of the person’s major life activities; or
4. Having a record of having such an impairment; or
B. Being regarded as having such an impairment. Functional disabilities does not include current, illegal use of or active addiction to, a controlled substance.
“Person” includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
“Pet, household” means domesticated animals such as dogs, cats, hamsters, nonvenomous snakes, birds and rabbits. Animals such as mink, fowl, poultry, and large and small hoofed animals are excluded. Household pets do not include animals raised for consumption.
“Pet store” means a retail establishment in which domestic animals and animal merchandise are kept for the purpose of sale to the public. Animal merchandise includes food, toys, and grooming supplies. A pet store does not provide boarding services.
“Planning approval” means a general land use application process required for the assessment of applications proposing “development,” where there is a change in the use of a building or property, or where there is the construction, alteration of any building, excavation, filling or other works on any land.
“Pound” means a place provided and operated by city employees or by an independent agency under the authority of the city acting alone or in contract with other municipalities for the restraint and care of animals.
“Recreational vehicle (RV)” means a vehicle or portable structure built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacation use. Recreational vehicles shall include, but are not limited to, campers, motor homes and travel trailers.
“Recreational vehicle (RV) park” means a tract of land under single ownership or control upon which two or more RVs occupied on a temporary basis may be located.
“Recycle” means to adapt to a new use; to process in order to regain material for use.
“Residential care facility” means a facility, licensed by the state, that cares for at least five but not more than 15 people with functional disabilities, that has not been licensed as an adult family home pursuant to RCW 70.128.175.
“Run with the land” means a covenant, permit, or restriction to the use of land that is binding on the present and all future owners of the property.
“School, specialty” means any public or privately operated school having specialty training and not offering a general curriculum.
“Screening” means a method of visually shielding or obscuring an abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.
Secondhand Store. A person or business location, in whole or in part, in the business of buying or selling secondhand personal property, scrap metal, or melted metals shall be deemed to be a “secondhand dealer.”
“Service station” means a retail business establishment supplying gasoline, oil, accessories, and minor service for automobiles.
“Sign, abandoned” means any sign that no longer correctly identifies or advertises any person, business, lessee or owner, product, or actions conducted or available on the premises.
“Sign, above-marquee” means a sign extending above the ceiling or roof of a canopy or marquee.
“Sign, combination” means a sign incorporating any combination of features of a pole, projecting, and roof sign.
“Sign, commercial” means any commercial communication device, structure, or fixture which is visible from any public right-of-way intended to aid the business establishment in question in promoting the sale of a project, goods or services using graphics, symbols or written copy.
“Sign, electrical” means any sign containing electrical wiring but not including signs illuminated by an exterior light source.
“Sign, ground” means a self-supporting sign placed on the ground that is independent of any other structure.
“Sign, incidental” means a small, nonelectric sign four square feet or less in area, intended primarily for the convenience of the public and of a temporary nature pertaining to goods, products and services.
“Sign, low intensity illumination” means an output which does not exceed the equivalent of: (A) 425 milliamperes fluorescent tubing behind plex face spaced on seven-inch centers; or (B) exposed neon of 30 milliamperes.
“Sign, off-premises” means a sign that advertises goods, products, services or facilities at another location or directs persons to a different location from where the sign is installed.
“Sign, pole” means a freestanding sign supported wholly by a pole or poles in the ground which are not a part of a building.
“Sign, projecting” means a sign, other than a wall sign, which is attached to and projects in any direction more than 12 inches from a structure or building face.
“Sign, readerboard” means a sign which is specifically designed for the use of replaceable or changeable copy. This definition includes only those signs which use interchangeable letters to vary the sign message.
“Sign, real estate” means a portable sign erected by the owner or owner’s agent advertising the real estate upon which the sign is located for rent, lease or sale, or direction to said property.
“Sign, roof” means a sign erected upon or above a roof or parapet wall of a building or structure.
“Sign, sidewalk” means a portable sign, typically in the shape of an inverted V, with two signboards attached to each other at the top of the sign (also known as “sandwich board” or “A-frame” signs) or an inverted “T” shaped sign. Each board shall be considered a separate face for purposes of determining allowable area of sign. “Sign” in this section shall refer to sidewalk sign or other type of moveable sign located within or on the public way.
“Sign, special event” means a temporary sign used to promote a community fair, festival, or event.
“Sign, surface area” means the total area of a sign visible from any one viewpoint or direction, excluding the sign support structure, architectural embellishments, or framework which contains no written copy. Individual letter sign using a wall as the background without added decoration or change in wall color shall be calculated by measuring the perimeter enclosing each letter. The combined total area of all individual letters shall be considered the total area of the sign. Module signs consisting of more than one sign cabinet shall be computed by adding together the total area of each module. Perimeter or sign area shall be established by the smallest rectangle enclosing the extreme limits of the letter, module or advertising message being measured.
“Sign, temporary” means any sign, banner, pendant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, or signs that are not permanently attached to a structure that are designed to be portable, and are intended to be displayed for a limited period of time only.
“Sign, under-marquee” means a sign suspended below the ceiling or roof of a canopy or marquee.
“Sign, wall” means a sign attached parallel to and not extending more than 12 inches from the facade or face of any building to which it is attached and supported throughout its entire length, width, and height, with the exposed face of the sign parallel to the plane of the wall or facade.
“Solar collector” means any device or area that uses the sun’s energy to heat domestic water or to heat, cool, or light a living space. This definition includes not only familiar space and domestic water heating system collectors but also collectors for space cooling and the passive design techniques of south facing windows and greenhouses.
“State siting criteria” means criteria for the siting of hazardous waste treatment and storage facilities contained in WAC 173-303-285.
“Story” means the portion of a building included between the upper surface of any floor and the upper surface of the floor next above (see Figure 3 in Appendix A). If a finished floor level directly above an under-floor space is more than six feet above grade for more than 50 percent of the perimeter or is more than 12 feet above grade at any point, the under-floor space shall be considered a story.
“Story, first” means the lowest story in a building which qualifies as a story, except that a floor level in a building having only one level shall be classified as a first story if such floor level is not more than four feet below grade for more than 50 percent of the total perimeter, or more than eight feet below grade at any point (see Figure 4 in Appendix A).
“Street” means a public right-of-way or recorded private easement, not including alleys, which affords primary means of access to abutting properties.
“Structure” means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, and mobile or manufactured homes.
“Subdivision” means the division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.
“Subdivision, short” means the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.
“Supported living arrangement” means a living unit owned or rented by one or more persons with functional disabilities who receive assistance with activities or daily living, instrumental activities of daily living, and/or medical care from an individual or agency licensed and/or reimbursed by a public agency to provide such assistance.
“Temporary juvenile detention center” means a facility operated for the purpose of short-term, temporary detention of juveniles awaiting arraignment or transfer to another facility.
“Temporary use” means a use established for limited duration, not to exceed six months, with the intent to discontinue the use upon the expiration of the time period established in the permit. Temporary uses include the use of an RV as a dwelling under certain circumstances and other uses as determined by the administrator.
“Theater, drive-in” means an outdoor facility designed to show motion pictures or theatrical productions to patrons seated in automobiles.
“Thrift store” means a shop that sells donated, used articles, especially clothing, to the benefit of a charitable organization.
“Utilities, public” means an agency providing a public service which is paid for by the recipient and subject to government regulations. The services include, but are not limited to, electrical substations, pumping lift stations or similar regulatory appurtenances for the collection, transmission or distribution of electricity, natural gas, water, wastewater, stormwater, communication or other similar service.
“Variance” means a departure from the terms of the zoning ordinance for standards such as height, area, size of structure, size of yards, or open spaces. Variances are reviewed by the Colville zoning board of adjustment in accordance with Chapter 17.88 CMC.
“Wetlands” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. Wetlands include artificial wetlands intentionally created from nonwetland areas to mitigate conversion of wetland.
“Yard, front, rear and side.” Figure 5 in Appendix A illustrates the terminology used in this title with reference to front, rear, and side yards:
A. “Yard” means an open space which lies between the property line and the building setback lines, the inside boundary of which shall be considered parallel to the nearest property line.
B. “Front yard” means a yard extending between side lot lines across the front of a lot adjacent to a street.
C. “Rear yard” means a yard extending across the rear of the lot between the side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards.
D. “Side yard” means a yard extending from the rear line of the required front yard to the rear lot line.
“Youth oriented businesses” means a business utilizing a permanent building or facility where children under the age of 18 are invited onto the business premises in conjunction with such business activity and at least 50 percent of the business revenues is generated from their patronage. (Ord. 1706 NS § 2, 2023; Ord. 1563 NS § 1, 2016; Ord. 1488 NS § 13, 2012; Ord. 1408 NS §§ 1, 2, 2008; Ord. 1351 NS §§ 2, 3, 2005; Ord. 1260 NS § 1, 2002; Ord. 1219 NS § 1, 2000; Ord. 1184 NS § 1, 1999; Ord. 1160 NS § 1, 1997).