Chapter 19.06 DEFINITIONS

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 plural includes the singular; the word “shall” is always mandatory, the word “may” denotes a use of discretion in making a decision: the words “used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” [Ord. 426 § 10.06.010, 1998]

19.06.020 Accessory building.

“Accessory building” means a subordinate building, the use of which is incidental to the use of the main building on the same lot. [Ord. 426 § 10.06.020, 1998]

19.06.022 Accessory dwelling unit (ADU).

“Accessory dwelling unit (ADU)” means a habitable living unit that provides the basic requirements of shelter, heating, cooking and sanitation. [Ord. 639 § 1, 2009]

19.06.030 Accessory use.

“Accessory use” means a use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use. [Ord. 426 § 10.06.030, 1998]

19.06.035 Adult or family day-care facilities.

“Adult or family day-care facilities” includes permanent or temporary lodging and care facilities for the elderly and physically and mentally disabled, as defined by the State Department of Social and Health Services (DSHS). [Ord. 597 § 1, 2006]

19.06.040 Alley.

“Alley” means a public thoroughfare which affords only a secondary means of access to abutting property and not intended for general traffic circulation. [Ord. 426 § 10.06.040, 1998]

19.06.050 Alterations.

“Alterations” means a change or rearrangement of the structural parts or exit facilities, or an enlargement by extending the sides or increasing the height or depth, or the moving from one location to another. In buildings for business, commercial, industrial or similar uses the installation or rearrangement of partitions affecting more than one-third of a single floor area shall be considered an alteration. [Ord. 426 § 10.06.050, 1998]

19.06.060 Area, building.

“Building area” means the total ground coverage of a building or structure which provides shelter measured from the outside of its external walls or supporting members or from a point four feet in from the outside edge of a cantilevered roof. [Ord. 426 § 10.06.060, 1998]

19.06.070 Area, site.

“Site area” means the total horizontal area within the property lines excluding external streets. [Ord. 426 § 10.06.070, 1998]

19.06.080 Boarding house.

“Boarding house” means a dwelling in which not more than four roomers and/or boarders are housed or fed. [Ord. 426 § 10.06.080, 1998]

19.06.090 Building.

A “building” is a structure as herein defined. When separated by division walls without openings each portion so separated shall be considered a separate building. [Ord. 426 § 10.06.090, 1998]

19.06.100 Building height.

“Height of building” means the vertical distance measured from the finished grade to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. If a structure has none of the above features then the height shall be measured from the finished grade to the highest portion of the structure. [Ord. 426 § 10.06.100, 1998]

19.06.110 Building line.

“Building line” means a corner of part of a building nearest the property line. [Ord. 426 § 10.06.110, 1998]

19.06.120 Building site.

See “Area, site,” CMC 19.06.070. [Ord. 426 § 10.06.120, 1998]

19.06.125 Child day-care centers.

“Child day-care centers” provide temporary care of children as defined by the State Department of Social and Health Services, preschool or nursery school. [Ord. 597 § 2, 2006]

19.06.130 Conditional use.

“Conditional use” means uses which may be permitted as principal or accessory uses when authorized by the council pursuant to specified standards. [Ord. 426 § 10.06.130, 1998]

19.06.140 Council.

The term “council” or “town council” shall mean the town council of the town of Concrete. [Ord. 426 § 10.06.140, 1998]

19.06.150 Court.

“Court” means an unoccupied open space bounded on three or more sides by buildings or lot lines on which walls are permitted. [Ord. 426 § 10.06.150, 1998]

19.06.160 Coverage.

“Coverage” means the area of a lot which is covered by a roofed structure. [Ord. 426 § 10.06.160, 1998]

19.06.170 Density.

“Density” means the permitted ratio of residential units to land area and/or the permitted ratio of building size to land area. [Ord. 426 § 10.06.170, 1998]

19.06.180 Detached building.

“Detached building” means a building surrounded on all sides by open space. [Ord. 426 § 10.06.180, 1998]

19.06.190 Developed land area.

“Developed land area” means those parts of a land parcel that have been extensively improved for an existing land use including building coverage, parking and loading areas, service yards and landscaped areas. [Ord. 426 § 10.06.190, 1998]

19.06.192 Development.

“Development” means that which is to be done pursuant to a land use permit, building permit, special use permit, conditional use permit, temporary use permit, shoreline substantial development permit, or sign permit. [Ord. 661 § 1, 2010]

19.06.200 Discontinue.

“Discontinue” means to cease to operate, use, or take; to end. [Ord. 426 § 10.06.200, 1998]

19.06.210 Dwelling, single-family.

“Single-family dwelling” means a detached building containing but one kitchen, designed for and occupied exclusively by one family. [Ord. 426 § 10.06.210, 1998]

19.06.220 Dwelling, two-family.

“Two-family dwelling” means a building containing two kitchens and designed to be occupied by two families living independently of each other. [Ord. 426 § 10.06.220, 1998]

19.06.230 Dwelling, multifamily.

“Multifamily dwelling” means a building designed to house three or more families living independently of each other. [Ord. 426 § 10.06.230, 1998]

19.06.240 Dwelling unit.

“Dwelling unit” means a building or portion thereof providing complete housekeeping facilities for one family. [Ord. 426 § 10.06.240, 1998]

19.06.250 Family.

“Family” means one person or two or more related or unrelated persons living together as a single, nonprofit housekeeping unit. [Ord. 426 § 10.06.250, 1998]

19.06.260 Floor area.

“Floor area” means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walls and from the center line of division walls. Floor area shall include: basement space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces with headroom of seven feet, six inches or more, penthouse floors, interior balconies and mezzanines, enclosed porches. Floor area shall not include: accessory water tanks and cooling towers, mechanical equipment or attic spaces with headroom of less than seven feet, six inches, exterior steps or stairs, terraces, breezeways and open spaces. See also CMC 19.54.010(6). [Ord. 426 § 10.06.260, 1998]

19.06.270 Garage, private.

“Private garage” means a sheltered or enclosed space designed and used for the storage of the motor vehicles or boats of the residents of the premises. [Ord. 426 § 10.06.270, 1998]

19.06.280 Garage, public.

“Public garage” means a building or portion thereof designed and used for the storage, repair or servicing of motor vehicles or boats as a business. [Ord. 426 § 10.06.280, 1998]

19.06.290 Gas station.

“Gas station” means any area of land, including the structures thereon, that is used for the sale of gasoline or other motor fuels, oils, lubricants and auto accessories and which may or may not include washing, lubricating, motor tuning and other minor servicing but not painting operation, body work or major auto repair. [Ord. 426 § 10.06.290, 1998]

19.06.295 Group home.

“Group home” means a building providing lodging to three or more persons unrelated to the principal residing family including, among other things, boarding houses and bed and breakfast establishments. This definition excludes multifamily residences, hotels, hospitals, and institutions of involuntary detention. [Ord. 597 § 3, 2006]

19.06.300 Home occupation.

“Home occupation” means an occupation or profession which is customarily incident to or carried in a dwelling place and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried on, and which occupation is carried on by a member of the family residing within the dwelling place. [Ord. 426 § 10.06.300, 1998]

19.06.310 Hospital.

“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. Rest homes, nursing homes, convalescent homes and clinics are not included. [Ord. 426 § 10.06.310, 1998]

19.06.320 Hotel.

“Hotel” means a building or portion thereof designed or used for the transient rental of five or more units for sleeping purposes. A central kitchen and dining room and accessory shops and services catering to the general public can be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care. [Ord. 426 § 10.06.320, 1998]

19.06.330 Inoperable vehicle.

“Inoperable vehicle” means a car, truck, bus or van that cannot be started and moved under its own power. A vehicle that is not currently licensed, including a recreational vehicle or trailer, that is designed for travel on the public roads, is also considered an inoperable vehicle. [Ord. 426 § 10.06.330, 1998]

19.06.340 Junk storage.

“Junk storage” means the temporary or permanent storage outdoors of junk, waste, discarded, salvaged or used materials or inoperable vehicles or vehicle parts. This definition shall include but not be limited to the storage of used lumber, scrap, metal, tires, household garbage, furniture, and inoperable machinery, and as further defined in the current edition of the Uniform Fire Code. This definition shall not include outdoor storage of normal residential equipment and related activities such as garden tools lawn mowers, wood piles, grass clippings, and similar items. [Ord. 426 § 10.06.340, 1998]

19.06.350 Junk yard.

“Junk yard” means a lot, land or structure, or part thereof, used for the collection, storage and sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging or sale of parts or machinery or vehicles not in running condition. [Ord. 426 § 10.06.350, 1998]

19.06.360 Kennel.

“Kennel” means more than five dogs and/or two litters of unweaned pups constitutes a kennel. [Ord. 426 § 10.06.360, 1998]

19.06.370 Land use.

“Land use” means the type of use activity occurring on a land parcel or within a building situated upon a land parcel. [Ord. 426 § 10.06.370, 1998]

19.06.380 Land use permit.

“Land use permit” means the document issued to an applicant which records all land use decisions which are made by the town on a land use application. Construction permits are excluded. [Ord. 426 § 10.06.380, 1998]

19.06.390 Lot.

A “lot” in the meaning of this title is a single tract of land, no matter how legally described, whether by metes and bounds and/or by lot or lots and block designation as in a recorded plat, that at the time of applying for a building permit is designated by its owner or developer as the tract to be used, developed or built upon as a unit of land under single ownership or control and assigned to the particular use for which the building permit is being secured. [Ord. 426 § 10.06.390, 1998]

19.06.400 Lot, corner.

“Corner lot” means a lot at the junction of and fronting on two or more intersecting streets. A corner lot has two front and two side yards. [Ord. 426 § 10.06.400, 1998]

19.06.410 Lot depth.

“Lot depth” means the mean dimension of the lot from the front street line to the rear line. [Ord. 426 § 10.06.410, 1998]

19.06.420 Lot, interior.

“Interior lot” means a lot fronting on one street. [Ord. 426 § 10.06.420, 1998]

19.06.430 Lot width.

“Lot width” means the dimension of the lot line at the street, or in an irregular shaped lot the dimension across the lot at the building line, or in a corner lot the narrow dimension of the lot at a street or building line. [Ord. 426 § 10.06.430, 1998]

19.06.440 Mailed notice.

“Mailed notice” means notice mailed to all property owners, commercial lessees and all residents of the area within a specified distance of the boundaries of the site of a proposed action. [Ord. 426 § 10.06.440, 1998]

19.06.450 Major auto repair.

“Major auto repair” means vehicular repair involving welding or the removal, replacement or opening of the radiator, motor block, transmission or differential for other than fluid check or fill. [Ord. 426 § 10.06.450, 1998]

19.06.460 Manufactured home.

“Manufactured home” means a structure, transportable in one or more sections from its manufacturer, retailer or wholesaler to its destination. A manufactured home is designated primarily for residential occupancy by human beings and the term includes mobile home or modular home. [Ord. 426 § 10.06.460, 1998]

19.06.470 Mean depth.

The “mean depth” of a lot is the depth of such lot measured on a line approximately perpendicular to the fronting street and midway between the side lines of such lot. [Ord. 426 § 10.06.470, 1998]

19.06.475 Mobile food van and espresso stand.

“Mobile food van and espresso stand” means a vehicular type unit designed for the preparation and dispensing of food and drink products, which either has its own motive power or is mounted on or drawn by another vehicle. [Ord. 652 § 1, 2009]

19.06.480 Mobile home.

“Mobile home” shall mean a factory constructed residential unit with its own independent sanitary facilities, that is intended for year-round occupancy and is composed of one or more major components which are mobile in that they can be supported by wheels attached to their own integral frame or structure over the public highway under license or by special permit. [Ord. 426 § 10.06.480, 1998]

19.06.490 Mobile home park.

“Mobile home park” means an area of land occupied or designed for the occupancy of two or more mobile homes. [Ord. 426 § 10.06.490, 1998]

19.06.500 Nonconforming structure.

“Nonconforming structure” means a structure which was lawful when established which does not now conform to the development standards of the zone in which it is located. A structure shall be considered established if it conformed to applicable zoning regulations at any time, or when it is built under permit, a permit for the structure has been granted and has not expired, or the structure is substantially underway as evidenced by timely called inspections complying with the Uniform Building Code. [Ord. 426 § 10.06.500, 1998]

19.06.510 Nonconforming use.

“Nonconforming use” means a use of land or a structure which was lawful when established and which does not now conform to the use regulations of the zone in which it is located. A use shall be considered established if it conformed to applicable zoning regulations at any time, or when it has commenced under permit, a permit for the use has been granted and has not expired, or a structure to be occupied by the use is substantially underway as evidenced by timely called inspections complying with the Uniform Building Code. [Ord. 426 § 10.06.510, 1998]

19.06.520 Parking space.

“Parking space” means an off-street space used to temporarily park a motor vehicle and having access to a public street or alley. [Ord. 426 § 10.06.520, 1998]

19.06.530 Permitted use.

“Permitted use” means any use authorized or permitted alone or in conjunction with another use in specific district and subject to the limitations of the regulations of such use district. [Ord. 426 § 10.06.530, 1998]

19.06.540 Primary use (or principal use).

“Primary use” (or “principal use”) means the use for which a lot, structure or building, or the major portion thereof, is designed or actually employed. [Ord. 426 § 10.06.540, 1998]

19.06.550 Public hearing.

“Public hearing” means a duly advertised public meeting called by the town council, board, or commission of the town for the purpose of taking formal public comment, both in favor and opposition to a proposed action. [Ord. 426 § 10.06.550, 1998]

19.06.560 Recreational vehicle.

“Recreational vehicle” means a vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted or drawn by another vehicle. The following shall be considered a recreational vehicle (RV):

(1) Camping Trailer. A canvas (or other type of material) folding vehicle of rigid construction, mounted on wheels and designed for travel and recreation.

(2) Motorized Home, Motor Home and/or Recreational Bus or Van. A recreational vehicle consisting of a portable, temporary dwelling to be used for travel, recreation and vacation uses, and constructed as an integral part of a self-propelled vehicle.

(3) Pickup Coach. A vehicle designed to be mounted on or loaded into a truck chassis for use as a temporary dwelling for travel and recreation.

(4) Tent. Protective fabric erected to provide protection from the elements.

(5) Travel Trailer. A towable vehicle designed as a temporary dwelling for travel and recreation.

(6) Travel Trailer, Self-Contained. A trailer which can operate independently of connections to sewer, water and electric systems. It contains a water-flushed toilet, lavatory, shower or bath and kitchen sink, all of which are connected to water storage and sewage holding tanks located within the trailer. [Ord. 629 § 1, 2008]

19.06.561 Recreational vehicle park.

“Recreational vehicle park” means a parcel of land specifically developed for locating only recreational vehicles on sites on a short-term basis. [Ord. 629 § 1, 2008]

19.06.562 Recreational vehicle site.

“Recreational vehicle site” means a plot of ground within a recreational vehicle park intended for the accommodation of a recreational vehicle, tent or other individual camping unit on a temporary basis. [Ord. 629 § 1, 2008]

19.06.570 Rezone.

“Rezone” means an amendment to the official zoning map to change the zone classification of an area. [Ord. 426 § 10.06.570, 1998]

19.06.580 Service or storage yard.

“Service” or “storage yard” means an accessory yard used for the storage of equipment, vehicles or materials and/or outdoor fabrication or processing of materials or devices. [Ord. 426 § 10.06.580, 1998]

19.06.590 Setback.

“Setback” means yard requirements. The distances that buildings or uses must be removed from their lot lines. [Ord. 426 § 10.06.590, 1998]

19.06.600 Sign.

“Sign” means any visual presentation or representation whatsoever which is displayed outside in view of the general public so as to bring attention to the subject thereof. This definition specifically includes billboards, ground-mounted signs, free-standing signs, wall signs, roof signs, logo signs, and signs on marquees, awnings, canopies and furniture. Specifically excluded are house numbers; the flag, badge or insignia of any government or government agency and any authorized traffic control sign. Each display surface of the sign shall be considered to be a sign. [Ord. 426 § 10.06.600, 1998]

19.06.610 Sign area or surface area.

“Sign area” or “surface area” means the area, on the largest single face of a sign, within a perimeter which forms the outside shape of a sign. If the sign consists of more than one module, the total area of all modules will constitute the sign area. The area of a sign having no such perimeter or border shall be computed by enclosing the entire copy area within the outline of either a parallelogram, triangle, circle or any other easily recognized geometric shape and then computing the area. Where a sign is of a three-dimensional, round or irregular shape, the largest cross section shall be used in flat projection for the purpose of computing sign area. [Ord. 426 § 10.06.610, 1998]

19.06.620 Sign, electronic message center.

“Electronic message center sign” means a sign, display or device, or portion thereof, whose message may be changed by electronic process or remote control and includes electronic time and temperature displays and the device known in the advertising industry as a commercial electronic variable message sign. [Ord. 426 § 10.06.620, 1998]

19.06.630 Sign, free-standing.

“Free-standing sign” means a sign erected and maintained on a free-standing frame, mast or pole and not attached to any building but does not include ground-mounted signs. [Ord. 426 § 10.06.630, 1998]

19.06.640 Sign, ground-mounted.

“Ground-mounted sign” means a sign which extends from the ground or which has a support which places the bottom thereof less than three feet from the ground and which does not exceed an overall height of six feet. [Ord. 426 § 10.06.640, 1998]

19.06.650 Sign, logo.

“Logo sign” means a sign consisting of a trademark or symbol. [Ord. 426 § 10.06.650, 1998]

19.06.660 Sign, message.

“Message sign” means anything displayed on an electronic message center sign, including copy and graphics. A “traveling message” is any message which appears to move across an electronic message center sign. [Ord. 426 § 10.06.660, 1998]

19.06.670 Sign, off-premises.

“Off-premises sign” means a sign which advertises goods, products or services which are not sold, manufactured, or distributed on or from the premises or facilities on which the sign is located. [Ord. 426 § 10.06.670, 1998]

19.06.680 Sign, public service information.

“Public service information sign” means any sign or message on an electronic message center sign which provides the time, date, temperature, weather or information concerning civic, charitable or other noncommercial activities. [Ord. 426 § 10.06.680, 1998]

19.06.690 Sign, segmented message.

“Segmented message sign” means any message or distinct sub-unit of a message presented by means of at least one display change on an electronic message center sign. [Ord. 426 § 10.06.690, 1998]

19.06.700 Solid planting.

“Solid planting” means a planting of evergreen trees and shrubs which will prevent a through and unobscured penetration of sight or light. [Ord. 426 § 10.06.700, 1998]

19.06.710 Story.

“Story” means the part of a building lying between two floors or between the floor and ceiling of the highest usable level in the building. [Ord. 426 § 10.06.710, 1998]

19.06.720 Street.

“Street” means a public thoroughfare which affords the principal means of access to abutting properties. [Ord. 426 § 10.06.720, 1998]

19.06.730 Structure.

“Structure” means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential fences six feet or less in height, retaining walls less than three feet in height, rock walls and similar improvements of a minor character. [Ord. 426 § 10.06.730, 1998]

19.06.738 Temporary use.

“Temporary use” means uses which may be permitted as a principal or accessory use when authorized by the council, fire chief, building official, planning director, or town engineer pursuant to specific standards. [Ord. 652 § 2, 2009]

19.06.740 Tract.

“Tract” means a lot, usually several acres in area. [Ord. 426 § 10.06.740, 1998]

19.06.750 Variance.

“Variance” means relief from certain provisions of this title as authorized by the town council after determining that the criteria established for the granting of variances have been satisfied. [Ord. 426 § 10.06.750, 1998]

19.06.760 Yard.

“Yard” means an unoccupied space open to the sky, on the same lot with a building or structure. Eaves and masonry chimneys may protrude a maximum of 36 inches into a required yard. [Ord. 426 § 10.06.760, 1998]

19.06.770 Yard, front.

“Front yard” means an open unoccupied space extending from the principal street line to the nearest wall of a building on the lot and including the full width of the lot to its side lot lines. See “Yard,” CMC 19.06.760. [Ord. 426 § 10.06.770, 1998]

19.06.780 Yard, rear.

“Rear yard” means an open unoccupied space extending from the rear lot line to the nearest wall of the main building on the lot and including the full width of the lot to its side lines. See “Yard,” CMC 19.06.760. [Ord. 426 § 10.06.780, 1998]

19.06.790 Yard, side.

“Side yard” means an open unoccupied space extending from the front yard to the rear yard and from the nearest wall of the main building to the side lot line. See “Yard,” CMC 19.06.760. [Ord. 426 § 10.06.790, 1998]