Chapter 14.98
DEFINITIONS

Sections:

14.98.005    Purpose and applicability.

14.98.010    Abbreviations.

14.98.012    Access point.

14.98.015    Accessory.

14.98.017    Accessory agricultural housing.

14.98.019    Accessory dwelling.

14.98.023    Acre.

14.98.025    Adaptive management program.

14.98.027    Administrator.

14.98.031    Agricultural building.

14.98.032    Agricultural market.

14.98.034    Agricultural-to-agriculture (ag-to-ag) transfers.

14.98.035    Agriculturally related industry.

14.98.037    Agriculture.

14.98.038    Agritainment.

14.98.039    Agronomist.

14.98.040    Airport.

14.98.041    Alley.

14.98.045    Alteration, plat.

14.98.049    Applicant.

14.98.052    Application.

14.98.053    Aquaculture.

14.98.055    Aquifer.

14.98.057    Aquifer sensitive area.

14.98.059    Architect.

14.98.061    Area of shallow flooding.

14.98.063    Assisted living facility.

14.98.065    Base flood elevation (BFE).

14.98.066    Battery charging station.

14.98.066.1    Battery exchange station.

14.98.067    Beach.

14.98.069    Bed and breakfast.

14.98.071    Best available science.

14.98.072    Best management practices.

14.98.073    Bicycle access trail.

14.98.077    Binding site plan.

14.98.081    Biofiltration.

14.98.085    Biologist.

14.98.089    Block.

14.98.090    Blockchain technology.

14.98.093    Board.

14.98.097    Boarding/lodging house.

14.98.099    Boat ramp.

14.98.101    Boundary or half road.

14.98.103    Breakwater.

14.98.105    Buffer, critical area.

14.98.107    Buffer/transition area (land use).

14.98.109    Bulkhead.

14.98.111    Building.

14.98.114    Building envelope.

14.98.117    Building height.

14.98.120    Building official.

14.98.124    Business or commerce.

14.98.126    Buoy.

14.98.128    Caretaker residence.

14.98.130    Cargo container.

14.98.132    Carport.

14.98.133    Channelization.

14.98.133.1    Charging levels.

14.98.134    Chemical, drug and alcohol treatment facility.

14.98.135    Church and associated parsonage.

14.98.136    Clear zone.

14.98.138    Clearing.

14.98.140    Closed record appeal.

14.98.144    Cluster developments.

14.98.145    Community hall.

14.98.146    Composting, commercial.

14.98.148    Comprehensive plan.

14.98.152    Conceptual drainage plan.

14.98.156    Conditional uses.

14.98.160    Condominium.

14.98.164    Constructed wetlands or watercourses.

14.98.168    Construction documents.

14.98.169    Consultant.

14.98.171    Control zone.

14.98.172    Convalescent home.

14.98.174    Convenience store.

14.98.176    County engineer.

14.98.180    County.

14.98.182    County road.

14.98.184    Critical area.

14.98.186    Cryptocurrency.

14.98.188    Cul-de-sac.

14.98.189    Data processing.

14.98.190    Day care center.

14.98.192    Day care facility, in-home.

14.98.196    Daylight plane.

14.98.200    Dedication.

14.98.204    Density.

14.98.208    Department.

14.98.209    Dependent care housing.

14.98.210    DHV—Design hour volume.

14.98.211    Design speed.

14.98.212    Design storm.

14.98.216    Developer.

14.98.220    Development.

14.98.223    Development regulations.

14.98.227    Director.

14.98.231    District.

14.98.235    Divide.

14.98.237    Docks.

14.98.239    Drainage area.

14.98.242    Drainage basin.

14.98.245    Drainage conveyance system.

14.98.248    Drainage facility.

14.98.252    Driveway.

14.98.254    Driveway, joint usage.

14.98.255    Dwelling, cottage unit developments.

14.98.256    Dwelling unit.

14.98.260    Dwelling, multifamily.

14.98.263    Dwelling, single-family.

14.98.266    Dwelling, two-family (duplex).

14.98.270    Easement.

14.98.271    Eating/drinking establishments.

14.98.272    Edge of traveled way.

14.98.274    Education services.

14.98.274.1    Electric vehicle.

14.98.274.2    Electric vehicle charging station.

14.98.274.3    Electric vehicle infrastructure.

14.98.275    Emergency vehicle access.

14.98.276    Encroachment.

14.98.277    Energy generation facility—Primary use.

14.98.277.5    Energy generation facility—Accessory use.

14.98.278    Engineer.

14.98.282    Environmental health standards.

14.98.286    Erosion/sedimentation control.

14.98.290    Essential public facilities.

14.98.294    Excavation.

14.98.298    Family farm support divisions.

14.98.299    Farm implement/ equipment repair and service.

14.98.300    Farm implement/ equipment sales.

14.98.301    Farm labor center.

14.98.302    Farm machinery sales and repair.

14.98.304    Farm ponds.

14.98.306    Farmstead preservation divisions.

14.98.308    Farm supply sales.

14.98.310    Feed lot.

14.98.313    Fence.

14.98.317    Fire marshal.

14.98.319    Floats.

14.98.321    Flood/flooding.

14.98.324    Flood, base.

14.98.327    Flood hazard areas.

14.98.331    Flood insurance rate map.

14.98.334    Flood insurance study.

14.98.338    Floodway.

14.98.342    Floor area.

14.98.346    Frontage.

14.98.350    Garage, private.

14.98.351    Gas/service station.

14.98.352    Geologist.

14.98.354    Geologist, engineering geologist, or hydrogeologist.

14.98.358    Geometrics.

14.98.362    Golf course facility.

14.98.366    Governmental uses and structures.

14.98.370    Grade, average.

14.98.374    Grading.

14.98.375    Grange.

14.98.376    Greenhouse, retail.

14.98.377    Groins.

14.98.378    Groundwater.

14.98.382    Group home.

14.98.384    Guest ranch.

14.98.386    Handling or processing of hazardous substances.

14.98.390    Hazardous substance.

14.98.394    Hearing examiner.

14.98.398    Health district.

14.98.400    Heliport.

14.98.401    Hemp.

14.98.402    Highest adjoining grade.

14.98.406    Home fruit stand.

14.98.409    Home industry.

14.98.412    Home occupation.

14.98.415    Homeowners’ association.

14.98.417    Horse boarding/training facility.

14.98.419    Hospital.

14.98.423    Impervious surface.

14.98.427    Improvements.

14.98.431    Infiltration.

14.98.435    Innocent purchaser.

14.98.439    Intervening ownership.

14.98.441    Jetties.

14.98.443    Junk.

14.98.446    Junkyard or wrecking yard.

14.98.450    Kennel, commercial.

14.98.452    Kennel, hobby.

14.98.456    Land alteration.

14.98.460    Land surveyor.

14.98.464    Land.

14.98.466    Landfill.

14.98.468    Landscaping.

14.98.470    Legal lot of record.

14.98.472    Legally subdivided.

14.98.476    Level of service.

14.98.478    Limited land segregation.

14.98.480    Link.

14.98.482    Livestock.

14.98.483    Livestock auction sales.

14.98.484    Lot.

14.98.487    Lot area.

14.98.490    Lot, corner.

14.98.493    Lot coverage.

14.98.497    Lot depth.

14.98.500    Lot, interior.

14.98.503    Lot, reverse or double frontage.

14.98.507    Lot line, front.

14.98.510    Lot line, rear.

14.98.513    Lot line, side.

14.98.517    Lot width.

14.98.521    Lot, nonbuilding.

14.98.525    Manufactured home.

14.98.528    Manufactured home park.

14.98.530    Marina.

14.98.532    Master planned resorts (MPR).

14.98.534    Medical/dental outpatient services.

14.98.536    Meeting/community hall.

14.98.540    Mineral extraction.

14.98.542    Minerals.

14.98.543    Mini storage.

14.98.544    Mitigation.

14.98.548    Motel.

14.98.552    Multiple building complex.

14.98.556    National Pollutant Discharge Elimination System (NPDES).

14.98.560    Natural drainage.

14.98.562    Neighborhood retail/service business.

14.98.564    Nonconforming.

14.98.566    Nursing home.

14.98.568    Obstruction (water related).

14.98.572    Off-site.

14.98.576    Off-street parking space.

14.98.580    On-site.

14.98.584    On-site stormwater management.

14.98.588    Open record hearing.

14.98.590    Operating speed.

14.98.592    Ordinary high water mark.

14.98.596    Ownership interest.

14.98.598    P85 speed or eighty-fifth percentile speed.

14.98.600    Parcel.

14.98.601    Passing sight distance.

14.98.603    Pavement width.

14.98.604    Pedestrian/bicycle access.

14.98.608    Performance assurance.

14.98.610    Piers.

14.98.612    Planning commission.

14.98.614    Plant nursery.

14.98.616    Plat, final.

14.98.620    Plat, preliminary.

14.98.624    Plat.

14.98.628    Primary use.

14.98.629    Primitive road.

14.98.632    Professional services.

14.98.636    Prohibited use.

14.98.640    Prosecuting attorney.

14.98.642    Public assembly.

14.98.644    Public meeting.

14.98.646    Qualified scientific expert.

14.98.648    Reach.

14.98.652    Receiving waters.

14.98.654    Reception hall.

14.98.656    Recharge.

14.98.660    Recreational vehicle.

14.98.664    Recreational vehicle park.

14.98.668    Release rate.

14.98.672    Reserve easement.

14.98.676    Retail trade or services.

14.98.680    Retention.

14.98.684    Retention structures.

14.98.690    Retirement housing facility.

14.98.692    Review authority.

14.98.696    Revisions, plat.

14.98.700    Right-of-way.

14.98.702    Riparian area.

14.98.704    River channel.

14.98.708    Road.

14.98.710    Road, county.

14.98.712    Road, private.

14.98.716    Road, public.

14.98.718    Roadside hazard.

14.98.720    Roadway.

14.98.724    Runoff.

14.98.725    Salvage yard.

14.98.726    Scientific information.

14.98.727    Segmental retaining walls (modular retaining walls).

14.98.728    Segregation.

14.98.732    Sensitive area.

14.98.734    Sensitive area buffer.

14.98.738    Separate lot.

14.98.740    Shore.

14.98.742    Shoreline.

14.98.744    Shorelines of state-wide significance.

14.98.745    Shorelines of the state.

14.98.746    Short plat, final.

14.98.750    Short plat, preliminary.

14.98.754    Short subdivision.

14.98.756    Shoulder.

14.98.758    Sign.

14.98.762    Site development plan.

14.98.766    Slope.

14.98.767    Solid waste.

14.98.768    Solid waste disposal site.

14.98.769    Solid waste handling facility.

14.98.770    Stabilization.

14.98.774    Stormwater detention structure.

14.98.782    Storm drainage facilities.

14.98.786    Stormwater.

14.98.790    Stormwater management.

14.98.793    Stormwater management plans.

14.98.807    Street.

14.98.811    Strip development.

14.98.814    Stripping.

14.98.818    Structural alteration.

14.98.822    Subdivider.

14.98.826    Subdivision.

14.98.828    Superelevation.

14.98.831    Surface water.

14.98.839    Survey.

14.98.845    Tangent.

14.98.850    Telecommunications.

14.98.851    Temporary use.

14.98.853    Terrestrial species.

14.98.855    Toxic.

14.98.859    Traffic impact analysis.

14.98.860    Transient lodging.

14.98.861    Transportation facilities.

14.98.862    Traveled way.

14.98.863    Trip.

14.98.864    Trip distribution.

14.98.865    Unopened right-of-way.

14.98.866    Urban growth area.

14.98.868    Use.

14.98.872    Use district.

14.98.876    Utilities.

14.98.878    Vehicle repair shop.

14.98.879    Veterinary clinic.

14.98.880    Water quality swale.

14.98.884    Watershed.

14.98.888    Wetland.

14.98.890    Wharf.

14.98.892    Yard.

14.98.895    Yard, front.

14.98.898    Yard, rear.

14.98.901    Yard, side.

14.98.906    Zoning adjustor.

14.98.911    Zoning administrator.

14.98.005 Purpose and applicability.

The purpose of this chapter is to provide a primary source for the definition of terms used in Chapter 2.12 and Chapter 2.13, and Titles 14, 15, 16, 17, 18, 19 and 20 of the Douglas County Code. The definitions herein are applicable to those titles within the context of their use. These definitions do not supersede or replace the definitions of other terms found in the enumerated titles. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.010 Abbreviations.

The following abbreviations are used throughout the Douglas County Code:

AASHTO:    The American Association of State Highway and Transportation Officials.

ACP:    Asphalt concrete pavement as per WSDOT Standard Specifications.

ADA:    Americans with Disabilities Act of 1990, as amended.

ADT:    Average daily traffic.

APWA:    American Public Works Association.

ASTM:    American Society of Testing and Materials.

BST:    Bituminous surface treatment.

CF:    Cubic feet.

CFS:    Cubic feet per second.

CSTC:    Crushed surfacing top course as per WSDOT Standard Specifications.

CY:    Cubic yard.

DCC:    Douglas County Code section reference.

DHV:    Design hourly volume.

DOE:    Washington State Department of Ecology (also WSDOE).

DOT:    Washington State Department of Transportation (also WSDOT).

FEMA:    Federal Emergency Management Agency.

FIRM:    Flood Insurance Rate Map.

FIS:    Flood Insurance Study.

HMA:    Hot mix asphalt.

IBC:    International Building Code.

IC:    The group of International Codes adopted by the state of Washington and Douglas County for the regulation of buildings and construction.

ICBO:    International Conference of Building Officials.

ICC:    International Code Council.

IFC:    International Fire Code.

IRC:    International Residential Code.

ITE:    Institute of Traffic Engineers.

LOS:    Level of service.

MPH:    Mile per hour.

MPR:    Master planned resort.

MUTCD:    The Manual on Uniform Traffic Control Devices.

NFPA:    National Fire Protection Association.

NRCS:    Natural Resource and Conservation Service.

OHWM:    Ordinary high water mark.

PC:    Point of curvature.

PCC:    Portland cement concrete as per WSDOT Standard Specifications, or point of compound curvature on alignment plans.

PI:    Point of intersection.

PT:    Point of tangency.

PTBA:    Public transportation benefit area.

RCW:    Revised Code of Washington.

SCS:    Soil Conservation Service.

SEPA:    State Environmental Policy Act and implementing guidelines.

TAZ:    Traffic analysis zone.

UPC:    Uniform Plumbing Code.

WAC:    Washington Administrative Code.

WATS:    Wenatchee Area Transportation Study.

WSDOE:    Washington State Department of Ecology (also DOE).

WSDOT:    Washington State Department of Transportation (also DOT).

(Ord. TLS 10-09-41B Exh. A (part): Ord. TLS 09-07-38B Exh. A (part): Res. TLS 06-13 § 2; Ord. TLS 04-02-30B Exh. A (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.012 Access point.

“Access point” means that location on a public road where a driveway or private road connects. (Ord. TLS 04-02-30B Exh. A (part))

14.98.015 Accessory.

“Accessory” means a building, area, structure, use, or any part thereof, which is subordinate to, and the use of which is incidental to, that of the main building, structure or use on the same lot. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.017 Accessory agricultural housing.

“Accessory agricultural housing” means facilities to accommodate agricultural employees and their families employed in farm operations and which the employed (residents) or users of which devote their time almost exclusively to the production of food and/or fiber or derive at least one half their income from the agricultural use of the land. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.019 Accessory dwelling.

“Accessory dwelling” means a residential use that is subordinate and incidental to the primary residence. It is a separate living unit (apartment) integrated with the primary residential use of the property. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.023 Acre.

“Acre” means forty-three thousand five hundred sixty square feet. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.025 Adaptive management program.

An “adaptive management program” is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 01-04-07B Exh. B)

14.98.027 Administrator.

“Administrator” means the administrator of the Douglas County department of transportation and land services. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.031 Agricultural building.

“Agricultural building” means a structure, for the personal use of an agriculturalist, designed and constructed to store agricultural implements, house livestock and poultry and/or store agricultural products and supplies to support the operation of the agriculturalist. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.032 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. TLS 03-01-01B Exh. B (part))

14.98.034 Agricultural-to-agriculture (ag-to-ag) transfers.

“Agricultural-to-agriculture (ag-to-ag) transfers” means land divisions solely for the purpose of transferring parcels between owners for bona fide agricultural use. No residential building lots are created through this process. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.035 Agriculturally related industry.

“Agriculturally related industry” means those industrial uses directly related to the packaging, processing, storage, or physical or chemical alteration of the agricultural product. Such industries include, but are not limited to: cold storage plants, controlled atmosphere, produce packing and processing facilities, wineries and their accessory uses such as tasting and sales rooms. (Ord. TLS 03-01-01B Exh. B (part))

14.98.037 Agriculture.

“Agriculture” means the tilling of the soil; the raising of crops; forestry; horticulture; nonretail greenhouses, nurseries and gardening; and the keeping and raising of livestock and poultry. “Agriculture” does not include marijuana. (Ord. TLS 16-05-34C § 1 Exh. A (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.038 Agritainment.*

“Agritainment” means day-use recreation and entertainment activities centered on an agricultural theme. Agritainment includes activities such as field mazes, hayrides, sleigh rides, farm/field tours, “u-pick” and “rent-a- tree,” animal rides and petting zoos. (Ord. TLS 03-01-01B Exh. B (part). Formerly 14.98.039)

*    Code reviser’s note: This section was formerly codified as Section 14.98.039. It has been editorially renumbered to preserve alphabetization.

14.98.039 Agronomist.

“Agronomist” means an expert in soil management and field crop production. An agronomist must have a sufficient combination of training or education and experience in the various soil and plant sciences to soil management and crop production, as approved by the director. Local public resources may include but not be limited to conservation districts, the Wenatchee Valley College agricultural program, and the Washington State University cooperative extension office. (Ord. TLS 09-10-49D Exh. B (part))

14.98.040 Airport.

“Airport” means any area of land or water designed and set aside for the landing and taking off of aircraft. (Ord. TLS 05-01 Att. B (part))

14.98.041 Alley.

“Alley” means a strip of land permanently reserved or dedicated to public use providing vehicular and pedestrian travel to the rear side of properties, which abut and are served by a public road, to be used as a secondary means of access to the property. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.045 Alteration, plat.

“Plat alteration” means the modification of a previously recorded plat, short plat, binding site plan, or any portion thereof, which results in a significant adjustment of boundary lines, the addition of new lots or more land, deletion of existing lots or the removal of plat or lot restrictions or dedications which are shown on the recorded plat, or modifications to conditions of approval. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.049 Applicant.

“Applicant” means any person, entity or government agency that applies for a development proposal, permit or approval subject to review under the county code. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.052 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, shoreline substantial development permits, binding site plans, planned developments, subdivisions, variances, site plan reviews, permits or approvals required by critical area ordinances, and site-specific rezones. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.053 Aquaculture.

“Aquaculture” means the farming or culture of food fish, or other aquatic plants or animals and may require development such as fish hatcheries, rearing pens, and structures, as well as use of natural spawning and rearing areas. The term “aquaculture” also includes activities related to either growing, handling, or harvesting of aquatic produce, including, but not limited to, propagation, stocking, holding, nurturing, disease treatment, waste disposal, water use, development of habitat and structures. (Ord. TLS 03-01-01B Exh. B (part))

14.98.055 Aquifer.

“Aquifer” means a porous water-bearing geologic formation generally restricted to materials capable of yielding ground water to wells or springs. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.057 Aquifer sensitive area.

“Aquifer sensitive area” means the area from which water runoff directly recharges the aquifer, including the surface over the aquifer itself, and the hillside areas immediately adjacent to an aquifer. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.059 Architect.

“Architect” means an individual licensed as an architect pursuant to Chapter 18.08 RCW. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.061 Area of shallow flooding.

“Area of shallow flooding” means a designated AO zone on the flood insurance rate map (FIRM). Those areas are characterized by base flood depths ranging from one to three feet; the lack of a clearly defined channel; an unpredictable and indeterminate path of flooding; and velocity flow may be evident. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.063 Assisted living facility.

“Assisted living facility” means a residential use licensed by the state as a boarding home pursuant to Chapter 18.20 RCW, for aged or minor infirmed persons consisting of multiple sleeping units, and may include the following support services, as deemed necessary: Food preparation and dining areas; group activity areas; medical supervision; and similar activities. (Ord. TLS 05-02-34B Att. B (part))

14.98.065 Base flood elevation (BFE).

“Base flood elevation (BFE)” means the elevation to which floodwater can be expected to rise during a base flood, as determined by the federal emergency management agency. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.066 Battery charging station.

“Battery charging station” means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.27 RCW, as amended, and consistent with rules adopted under RCW 19.27.540, as amended. (Ord. TLS 11-01-01 (part))

14.98.066.1 Battery exchange station.

“Battery exchange station” means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.27 RCW, as amended, and consistent with rules adopted under RCW 19.27.540, as amended. (Ord. TLS 11-01-01 (part))

14.98.067 Beach.

“Beach” means a sandy shore. (Ord. TLS 03-01-01B Exh. B (part))

14.98.069 Bed and breakfast.

“Bed and breakfast” means a single-family residential unit that provides transient lodging and meals, for compensation, by the renting of up to a maximum of ten rooms within the primary residence. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.071 Best available science.

“Best available science” is the information obtained from local, state or federal agencies for use in the development and implementation of critical area policies and regulations consistent with WAC 365-195-900 through WAC 365-195-925. This information may also be obtained through the use of a qualified scientific expert to identify scientific information, determine best available science and assess its applicability. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 01-04-07B Exh. B (part))

14.98.072 Best management practices.

“Best management practices” (BMPs) means conservation practices or systems of practices and management measures that:

A.    Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxics, and sediment;

B.    Minimize adverse impacts to surface water and ground water flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands;

C.    Protect trees and vegetation designated to be retained during and following site construction; and

D.    Provide standards for proper use of chemical herbicides within critical areas. (Ord. TLS 03-01-01B Exh. B (part))

14.98.073 Bicycle access trail.

Bicycle Access Trail. See “Pedestrian/ bicycle access.” (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.077 Binding site plan.

“Binding site plan” means a plan drawn to scale processed in accordance with the provisions of the Douglas County Code and Chapter 58.17 RCW. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.081 Biofiltration.

“Biofiltration” means the process of reducing pollutant concentrations in water by filtering the polluted water through biological materials. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.085 Biologist.

“Biologist” means an individual who has earned at least a bachelor of science degree in biological sciences from an accredited college or university, and has at least four years of professional experience as a biologist. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.089 Block.

“Block” means a group of lots, tracts or parcels within well-defined and fixed boundaries. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.090 Blockchain technology.

“Blockchain technology” means a digital database containing information (such as records of financial transactions) that can be simultaneously used and shared within a large, decentralized, publicly assessable network. (Ord. TLS 19-12-31C Exh. B (part))

14.98.093 Board.

“Board” means the Douglas County board of commissioners. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.097 Boarding/lodging house.

“Boarding/lodging house” means an establishment providing lodging, with or without meals, for on a nontransient basis, for not less than three persons nor more than ten persons, in addition to members of the family operating and occupying such house. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.099 Boat ramp.

“Boat ramp” means a structure constructed of concrete or other material, which extends waterward of the ordinary high-water mark. (Ord. TLS 03-01-01B Exh. B (part))

14.98.101 Boundary or half road.

“Boundary” or “half road” means a public or private road which is constructed utilizing one-half the full required width of right-of-way or easement and permitted as an interim facility pending construction of the remaining width of the road on the adjacent property. (Ord. TLS 03-01-01B Exh. B (part))

14.98.103 Breakwater.

“Breakwater” means protective structure, generally built off shore to protect harbor areas, moorages, navigation, beaches and bluffs from wave action. They may be fixed, open-pile or floating. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.105 Buffer, critical area.

“Critical area buffer” means the zone contiguous with a sensitive area that is required for the continued maintenance, function, and structural stability of the sensitive area. The critical functions of a riparian buffer (those associated with an aquatic system) include shading, input of organic debris and coarse sediments, uptake of nutrients, stabilization of banks, interception of fine sediments, overflow during high water events, protection from disturbance by humans and domestic animals, maintenance of wildlife habitat, and room for variation of aquatic system boundaries over time due to hydrologic or climatic effects. The critical functions of terrestrial buffers include protection of slope stability, attenuation of surface water flows from stormwater runoff and precipitation, and erosion control. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.107 Buffer/transition area (land use).

“Buffer/transition area (land use)” means an area of land or a structure that is used or created for the purpose of insulating or separating a structure or land use from other structures or uses in such a manner as to reduce or mitigate any adverse impacts of one on the other. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.109 Bulkhead.

“Bulkhead” means an upright partition that is watertight; a retaining wall. (Ord. TLS 03-01-01B Exh. B (part))

14.98.111 Building.

“Building” means any combination of materials constructed, placed or erected permanently on the ground or attached to something having a permanent location on the ground, for the shelter, support or enclosure of persons, animals or property, or supporting any use, occupancy or function. Excluded from this definition are all forms of vehicles even though immobilized, residential fences, retaining walls less than three feet in height, rockeries and similar improvements of a minor nature. The terms building and structure are synonymous. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.114 Building envelope.

“Building envelope” means the area of a lot that delineates the limits of where a building(s) may be placed on a lot. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.117 Building height.

Building Height. See DCC Section 18.16.030. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.120 Building official.

“Building official” means that person appointed by the board to perform the duties and to fulfill the responsibilities specified by DCC Chapter 15.08. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.124 Business or commerce.

“Business” or “commerce” means and includes any occupation or employment of buying, selling, bartering or exchanging goods, wares, merchandise or other personal property or any interest therein, or rendering services, or the ownership or management of office buildings, offices and recreational or amusement enterprises for profit. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.126 Buoy.

“Buoy” means a floating object anchored in water to warn of rocks, etc., or to mark a channel. (Ord. TLS 03-01-01B Exh. B (part))

14.98.128 Caretaker residence.

“Caretaker residence” means a residential dwelling unit accessory to an agricultural, commercial or industrial use for occupancy by the owner, caretaker or watchman. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.130 Cargo container.

“Cargo container” means a standardized, reusable vessel, designed without an axle or wheel which:

A.    Was originally, specifically or formally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and

B.    Was designed for or capable of being mounted or moved on a (1) rail car; or (2) chassis or bogie, or similar transportation device, for movement by truck trailer or loaded on a ship. (Ord. TLS 19-12-31C Exh. B (part))

14.98.132 Carport.

“Carport” means an accessory building or portion of a primary building used as a covered shelter for an automobile and open on two or more sides. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.133 Channelization.

Channelization means the separation or regulation of conflicting traffic movements into definite paths of travel by the use of pavement markings, raised islands or other suitable means to facilitate the safe and orderly movements of both vehicles and pedestrians. (Ord. TLS 04-02-30B Exh. A (part))

14.98.133.1 Charging levels.

“Charging levels” means the electrical force, or voltage, at which an electric vehicle’s battery is recharged. Levels 1, 2, and 3 are the most common electric vehicle charging levels, and include the following specifications:

A.    Level 1 is considered slow charging, requiring a fifteen or twenty amp breaker on a one hundred twenty volt AC circuit and standard outlet.

B.    Level 2 is considered medium charging, requiring a forty amp to one hundred amp breaker on a two hundred forty volt AC circuit.

C.    Level 3 is considered fast charging, requiring a sixty amp or higher dedicated breaker on a four hundred eighty volt or higher three-phase circuit with special grounding equipment. Level 3 charging uses an off-board charger to provide the AC to DC conversion, delivering DC directly to the car battery. (Ord. TLS 11-01-01 (part))

14.98.134 Chemical, drug and alcohol treatment facility.

“Chemical, drug and alcohol treatment facility” means an establishment, other than a hospital, licensed by the state and operated primarily for the inpatient treatment of alcoholism and other substance abuse problems. May include outpatient treatment. (Ord. TLS 05-02-34B Att. B (part))

14.98.135 Church and associated parsonage.

“Church and associated parsonage” means a place or building where religious services are conducted, and which may include accessory uses, religious education, reading rooms, assembly rooms, and a dwelling for the pastor/religious leader. (Ord. TLS 05-02-34B Att. B (part))

14.98.136 Clear zone.

“Clear zone” means the total roadside border area, starting at the edge of the traveled way, available for safe use by errant vehicles. The area may consist of a shoulder, a recoverable slope, a nonrecoverable slope, and/or a clear run-out area. The desired width is dependent upon the traffic volumes, speeds, and roadside geometry. (Ord. TLS 04-02-30B Exh. A (part))

14.98.138 Clearing.*

“Clearing” means any removal of trees, brush, grass, ground cover or other vegetative matter from a site that exposes the soil at the site. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part). Formerly 14.98.136)

*    Code reviser’s note: This section was renumbered to accommodate sections added subsequent to adoption of Ord. TLS 97-10-71B.

14.98.140 Closed record appeal.

“Closed record appeal” means an appeal on the record with no new evidence or information allowed to be submitted and only appeal argument allowed. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.144 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. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.145 Community hall.

“Community hall” means a building and related grounds used for social, civic, or recreational purposes and owned and operated by a nonprofit group serving the area in which it is located and open to the general public. (Ord. TLS 05-02-34B Att. B (part))

14.98.146 Composting, commercial.

“Commercial composting” means a facility which composts organic material to produce a marketable product for reuse. Generally it is a solid waste facility specializing in the composting of one or more organics of a known and consistent composition, other than mixed municipal waste, to produce a marketable product for reuse or as a soil conditioner. (Ord. TLS 05-01 Att. B (part))

14.98.148 Comprehensive plan.

“Comprehensive plan” means any map, plan, or policy statement pertaining to the development of land use, roads, or public utilities and facilities, for all or any portion of the unincorporated territory of Douglas County which has been or hereafter may be adopted by the board. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.152 Conceptual drainage plan.

“Conceptual drainage plan” means a preliminary plan that discloses the locations, types and approximate sizes of the proposed drainage and conveyance facilities, including any bioswales, wetponds, or other water quality features, together with supporting documentation and calculations. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.156 Conditional uses.

“Conditional uses” means land uses which, because of special requirements, unusual character, size or shape, infrequent occurrence or possible detrimental effects on surrounding property, are not outright permitted by the county code. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.160 Condominium.

“Condominium” means real property, buildings and land, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions; pursuant to Chapters 64.32 and/or 64.34 RCW. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded pursuant to Chapter 64.34 RCW. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.164 Constructed wetlands or watercourses.

“Constructed wetlands or watercourses” means those wetlands or watercourses which an applicant can demonstrate were intentionally created from nonwetland or nonwatercourse sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities; and does not mean those wetlands and watercourses created through compensatory mitigation. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.168 Construction documents.

“Construction documents” means the drawings, plans, specifications, contracts and permits which depict how construction is to occur. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.169 Consultant.

“Consultant” means a person, partnership or corporation duly registered to practice professional engineering according to Washington State statutes, who is hired by the landowner or developer and is empowered to act as his agent. (Ord. TLS 04-02-30B Exh. A (part))

14.98.171 Control zone.

“Control zone” means that roadside area defined by the “Control Zone Distance Table,” found in Appendix 5 of the WSDOT Utilities Manual, within the road right-of-way in which placement of aboveground utility objects is controlled. (Ord. TLS 04-02-30B Exh. A (part))

14.98.172 Convalescent home.

“Convalescent home” means a residential facility licensed by the state to provide special care and supervision to convalescents, invalids, disabled and/or aged persons; but where no persons receive treatment normally provided within hospitals. Special care in such a facility includes, but is not limited to, nursing, feeding, recreation, boarding and other personal services. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.174 Convenience store.

“Convenience store” means a food store designed and intended to serve the daily or frequent needs of the residential population living primarily within one mile of the store. The store may sell nonfood items such as household supplies, drugs and items of personal hygiene. (Ord. TLS 05-02-34B Att. B (part))

14.98.176 County engineer.

“County engineer” means the Douglas County engineer having authorities specified in RCW 36.75.050 and Chapter 36.80 RCW, or his/her authorized representative. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.180 County.

“County” means Douglas County, Washington. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.182 County road.

“County road” means a right-of-way over which the public has a legal right of passage, and over which an automobile can be driven, and is not designated as a state highway, and is outside the boundaries of a city or town. Furthermore, the county shall have responsibility and authority over only such county roads that have been incorporated into the county road system via statutory authority, i.e., RCW 36.75.070, 36.75.080, 36.75.090, Chapters 36.81, 36.88, 36.89 and 58.17 RCW. (Ord. TLS 04-02-30B Exh. A (part)).

14.98.184 Critical area.

Critical Area. The following areas and ecosystems are critical areas: wetlands, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.186 Cryptocurrency.

“Cryptocurrency” means digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank. Bitcoin is one of the most common examples of cryptocurrency. (Ord. TLS 19-12-31C Exh. B (part))

14.98.188 Cul-de-sac.

“Cul-de-sac” means a road closed at one end by a circular area of sufficient size for turning vehicles around. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.189 Data processing.

“Data processing” means a series of five or more machines performing processes to retrieve, transform, verify or classify information. Uses in this category include, but are not limited to, cryptocurrency mining, web hosting, data storage such as cloud storage, blockchain technology, and other similar uses. (Ord. TLS 19-12-31C Exh. B (part))

14.98.190 Day care center.

“Day care center” means a facility licensed by the state furnishing care, supervision and guidance of thirteen or more children for a period of less than twenty-four hours. (Ord. TLS 05-01 Att. B (part))

14.98.192 Day care facility, in-home.

“In-home day care facility” means a facility licensed by the state furnishing care, supervision and guidance of twelve or fewer children for a period of less than twenty-four hours per day in the provider’s home in the family living quarters. (Ord. TLS 05-01 Att. B (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.196 Daylight plane.

“Daylight plane” means an inclined plane, beginning at a stated height above grade at a side or rear property line, and extending into the site at a stated upward angle to the horizontal, which may limit the height or horizontal extent of structures at any specific point on the site where the daylight plane is more restrictive than the height limit or the minimum yard applicable at such point on the site. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.200 Dedication.

“Dedication” means the deliberate conveyance of land by an owner in fee simple for any general and public use, reserving no rights which are incompatible with the full exercise and enjoyment of the public uses to which the property has been dedicated. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.204 Density.

“Density” means the amount of land per dwelling unit, including the area for roads, parks, churches and schools, public/private capital facilities and dedicated public lands, and critical areas. Critical areas may be used in calculating densities provided they are maintained in their natural state. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 01-04-07B Exh. B (part); Ord. TLS 97-10-71B Exh. B (part))

14.98.208 Department.

“Department” means the Douglas County department of transportation and land services. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.209 Dependent care housing.

“Dependent care housing” means temporary housing provided to assist in the care of persons in need of special assistance by reason of advanced age, infirmity or disability. (Ord. TLS 05-01 Att. B (part))

14.98.210 DHV—Design hour volume.

Hourly traffic volume used for road design and capacity analysis, usually one or more peak hours during a twenty-four-hour period. The DHV is typically the thirtieth highest hourly volume of the future year chosen for design. On the average rural road or arterial, DHV is about fifteen percent of ADT; for urban areas, DHV is usually between eight to twelve percent of ADT. (Ord. TLS 04-02-30B Exh. A (part))

14.98.211 Design speed.

“Design speed” means a speed determined for design and correlation of the physical features of a highway that influence vehicle operation: the maximum safe speed maintainable over a specified section of road when conditions permit design features to govern. (Ord. TLS 04-02-30B Exh. A (part))

14.98.212 Design storm.

“Design storm” means a rainfall event that has a statistically specified probability of occurring in any given year (expressed either in years or as a percentage). (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.216 Developer.

“Developer” means any person, corporation, partnership or other entity that makes application for a proposal, permit, approval or action governed by the Douglas County development regulations. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.220 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 other structures; mining; dredging; drilling; filling; stockpiling; grading and excavation; the storage of equipment or materials; and divisions of land. (Ord. TLS 09-07-38B Exh. A (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.223 Development regulations.

“Development regulations” means the procedural and substantive requirements and standards in DCC Title 12, Division II, Road Standards, Chapters 14.98, 15.36 and 15.48, Titles 17, 18, 19 and 20, and other official controls adopted by the board. (Ord. TLS 15-13-40B Exh. A (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.227 Director.

“Director” means the director of land services or his/her designee, as appointed by the board pursuant to Section 2.12.040 of the Douglas County Code and RCW 36.70.160. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.231 District.

“District” means the specific zoning classification or designation of property adopted pursuant to Title 18 of the Douglas County Code. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.235 Divide.

“Divide” means any transaction, not otherwise exempt or provided for under the provisions of this code, which alters or affects the shape, size, or legal description of any land as defined by this chapter. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.237 Docks.

“Docks” means a structure attached to the shoreline at or above the ordinary high-water mark by its shortest axis and floats on the water’s surface. (Ord. TLS 03-01-01B Exh. B (part))

14.98.239 Drainage area.

“Drainage area” means the subject property, together with that portion of the drainage basin or sub-basin, contributing surface water runoff to and from the subject property. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.242 Drainage basin.

“Drainage basin” means an area from which surface water drains to a particular watercourse or body of water. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.245 Drainage conveyance system.

“Drainage conveyance system” means the drainage facilities, both natural and manmade, which collect, contain and provide for the flow of surface and stormwater from the highest points on the land down to a receiving water. The natural elements of the conveyance system include swales and small drainage courses, streams, rivers, lakes and wetlands. The manmade elements of the conveyance system include gutters, ditches, pipes, channels and most retention/detention facilities. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.248 Drainage facility.

“Drainage facility” means the system of collecting, conveying and storing surface and stormwater runoff. Drainage facilities shall include but not be limited to all surface and stormwater runoff conveyance and containment facilities including streams, pipelines, channels, ditches, swamps, lakes, wetlands, closed depressions, infiltration facilities, retention/detention facilities, erosion/ sedimentation control facilities, and other drainage structures and appurtenances, both natural and manmade. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.252 Driveway.

“Driveway” means a private access way connected to a public or private road serving a single residential or commercial unit. (Ord. TLS 22-07-25B; Ord. TLS 04-02-30B Exh. A (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.254 Driveway, joint usage.

“Joint usage driveway” means a private access way connecting to a public or private road serving two adjacent residential or commercial units at a single point. (Ord. TLS 22-07-25B; Ord. TLS 04-02-30B Exh. A (part))

14.98.255 Dwelling, cottage unit developments.

“Dwelling, cottage unit” means a grouping of small dwelling units clustered, which includes a common area located on a single parcel and developed consistent with an approved site plan for the entire parcel. (Ord. TLS 21-23-58B § 2 (Exh. A), 2021)

14.98.256 Dwelling unit.

“Dwelling unit” means a building or portion thereof designed exclusively for residential purposes on a permanent basis; to be used, rented, leased, or hired out to be occupied for living purposes having independent living facilities, including permanent provisions for living, sleeping, eating, cooking, and sanitation. No motor home, travel trailer, tent trailer or other recreational vehicle shall be considered a dwelling unit. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.260 Dwelling, multifamily.

“Multifamily dwelling” means a building containing three or more dwelling units. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.263 Dwelling, single-family.

“Single-family dwelling” means a building containing one dwelling unit on one lot, other than an accessory dwelling. A single-family dwelling unit can be either attached or a detached unit, provided each unit is located on a separate lot. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.266 Dwelling, two-family (duplex).

“Two-family dwelling (duplex)” means a building containing two attached dwelling units on one lot, other than an accessory dwelling. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.270 Easement.

“Easement” means a right to use land, except tenancies and leasehold interests, for a specific purpose or purposes and held by persons other than the owner. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.271 Eating/drinking establishments.

“Eating/drinking establishment” means a business primarily engaged in the preparation and sale of food and/or beverages for consumption on the premises. (Ord. TLS 05-01 Att. B (part))

14.98.272 Edge of traveled way.

“Edge of traveled way” means the face of curb for roads that are, or will be constructed to urban standards and the edge of pavement (not including shoulders) for roads that are, or will be constructed to rural standards. (Ord. TLS 04-02-30B Exh. A (part))

14.98.274 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. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.274.1 Electric vehicle.

“Electric vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purposes. “Electric vehicle” includes: (1) a battery electric vehicle (BEV); (2) a plug-in hybrid electric vehicle (PHEV); (3) a neighborhood electric vehicle; and (4) medium-speed electric vehicle. (Ord. TLS 11-01-01 (part))

14.98.274.2 Electric vehicle charging station.

“Electric vehicle charging station” means a public or private parking space located together with a battery charging station which permits the transfer of electric energy (by conductive or inductive means) to a battery or other storage device in an electric vehicle. (Ord. TLS 11-01-01 (part))

14.98.274.3 Electric vehicle infrastructure.

“Electric vehicle infrastructure” means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. (Ord. TLS 11-01-01 (part))

14.98.275 Emergency vehicle access.

“Emergency vehicle access” means an improved easement providing access to structures for fire apparatus and other emergency vehicles as provided for in Section 503.1 of the International Fire Code as adopted by Douglas County and meeting the requirements of a fire apparatus access road as per DCC Section 15.24.030. (Ord. TLS 04-02-30B Exh. A (part))

14.98.276 Encroachment.

“Encroachment” means occupancy of county right-of-way by nonroadway structures or other objects of any kind. (Ord. TLS 04-02-30B Exh. A (part))

14.98.277 Energy generation facility—Primary use.

“Energy generation facility as a primary use” means a facility for the generation and distribution of electricity for the purpose of selling to or adding to the electric power grid and as defined by state of Washington Energy Facility Council and RCW 80.50.020. (Ord. TLS 22-06-24B Att. A; Ord. TLS 22-02-02B § 4 (Att. A); Ord. TLS 05-02-34B Att. B (part))

14.98.277.5 Energy generation facility—Accessory use.

“Energy generation facility as an accessory use” means a facility of not more than twenty KW and which is to primarily replace, supplement or reduce the on-site consumption of utility power. Selling or adding to the electric power grid can be a component of this use. This definition is not intended to include backup generators for emergency use. (Ord. TLS 22-06-24B Att. A; Ord. TLS 22-02-02B § 4 (Att. A))

14.98.278 Engineer.

“Engineer” means an individual licensed as a professional engineer pursuant to Chapter 18.43 RCW. (Ord. TLS 11-02-02B Exh. B (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.282 Environmental health standards.

“Environmental health standards” means standards that have been adopted by the Chelan-Douglas board of health for the provision of adequate water and sewage treatment facilities in the county. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.286 Erosion/sedimentation control.

“Erosion/sedimentation control” means any temporary or permanent measure taken to reduce air borne or water borne erosion; control siltation and sedimentation. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.290 Essential public facilities.

“Essential public facilities” means those publicly and privately owned and/or operated facilities, structures, utilities and uses that are typically difficult to site due to scale and operational characteristics that may pose potentially hazardous or inherently objectionable conditions if permitted to site without public review. Examples of essential public facilities include, but are not limited to, critical network data process centers, cybersecurity infrastructure support systems, airports, state education facilities, state or regional transportation facilities, state and local correction facilities, solid waste handling facilities and inpatient facilities including substance abuse facilities, mental health facilities and group homes. Essential public facilities shall include at a minimum those set forth in RCW 36.70A.200 and WAC 365-196-550. (Ord. TLS 21-06-19B Exh. B; Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.294 Excavation.

“Excavation” means any act by which soil, sand, gravel, rock or any similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.298 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 and allow 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 on to 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. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.299 Farm implement/equipment repair and service.

“Farm implement/equipment repair and service” means a specialized retail facility located in a rural area that is limited to the repair of farm machinery including tractors, farm implements, combines, loaders, applicators, and their accessories. Automobile and truck repair shall not be considered farm machinery repair in terms of this definition. (Ord. TLS 05-02-34B Att. B (part))

14.98.300 Farm implement/equipment sales.

“Farm implement/equipment sales” means a specialized retail facility located in a rural area that is limited to the sale of farm machinery including tractors, farm implements, combines, loaders, applicators, and their accessories. Automobile and truck sales shall not be considered farm machinery repair in terms of this definition. (Ord. TLS 05-02-34B Att. B (part))

14.98.301 Farm labor center.

“Farm labor center” means a facility of multiple farm labor shelters on a single lot. The shelters may either be attached, clustered in a group, or a combination thereof. (Ord. TLS 05-02-34B Att. B (part))

14.98.302 Farm machinery sales and repair.

“Farm machinery sales and repair” means a specialized retail facility that caters exclusively to the sale and repair of farm machinery including, but not limited to, tractors, farm implements, combines, loaders, applicators, and their accessories. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.304 Farm ponds.

“Farm ponds” are small water bodies whose initial creation was for use with an associated agricultural operation, such as irrigation for a crop. This does not include natural water bodies altered to serve an agricultural operation, such as dams created to artificially elevate a lake or pond, or on a perennial stream course. (Ord. TLS 05-01 Att. B (part))

14.98.306 Farmstead preservation divisions.

“Farmstead preservation divisions” means land divisions that accommodate existing, established dwelling units and/or sites that were once incidental to the farm operation, but are no longer. Farmstead preservation divisions are intended to accommodate and promote the restoration and/or preservation of historical homestead sites in a cost-effective manner, while preserving and protecting adjacent resource lands. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.308 Farm supply sales.

“Farm supply sales” means a retail establishment for the sale of farm-related goods such as equipment, seed, or fertilizer. (Ord. TLS 05-02-34B Att. B (part))

14.98.310 Feed lot.

“Feed lot” means a confined area or structure for feeding, breeding or holding livestock for eventual sale or slaughter and in which animal waste accumulates faster than it can naturally dissipate without creating a potential for a health hazard, particularly with regard to surface and groundwater; but not including barns, pens or other structures used in a dairy operation or structures on farms holding livestock primarily during winter periods. (Ord. TLS 05-01 Att. B (part))

14.98.313 Fence.

“Fence” means a wall or barrier erected for the purposes of enclosing space, marking boundaries, serving as a barrier, or separating parcels of land, and which may restrict vision. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.317 Fire marshal.

“Fire marshal” means that person appointed by the board to fulfill the responsibilities specified by DCC Chapter 15.08. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.319 Floats.

“Floats” means a detached, anchored structure that is free to rise and fall with water levels. (Ord. TLS 03-01-01B Exh. B (part))

14.98.321 Flood/flooding.

“Flood/flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of waters and/or the unusual rapid accumulation of surface runoff. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.324 Flood, base.

“Base flood” means a flood having a one percent chance of being equaled or exceeded in any given year. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.327 Flood hazard areas.

“Flood hazard areas” means those lands which have been determined to carry the capacity of a base flood as identified by the federal insurance administration in a report entitled “The Flood Insurance Study for the Unincorporated Area of Douglas County.” Flood hazard areas may also include those areas not designated in the flood insurance study but that have a historical pattern of flooding. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.331 Flood insurance rate map.

“Flood insurance rate map” means the official map on which the federal insurance administration has delineated both the flood hazard areas and the risk premium zones applicable to Douglas County. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.334 Flood insurance study.

“Flood insurance study” means the official report provided by the federal insurance administration that includes flood profiles, flood boundary and floodway maps, and the water surface elevation of the base flood. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.338 Floodway.

“Floodway” means the channel of the river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood. (Ord. TLS 97-10-71B Exh. B (part))

14.98.342 Floor area.

“Floor area” means the sum of the gross horizontal area of the floor or floors measured from the exterior faces of the exterior walls, excluding elevator shafts, stairwells, storage areas, common open space, parking and loading space, cellars, unroofed areas, roofed areas open on two sides, areas having ceiling height of less than seven feet and basements used exclusively for storage or housing of mechanical or central heating equipment. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.346 Frontage.

“Frontage” means the property line that abuts the principal means of access to the property. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.350 Garage, private.

“Private garage” means an accessory building or portion of a primary building used for parking or temporary storage of vehicles owned or used by occupants of the main building. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.351 Gas/service station.

“Gas/service station” means a retail establishment for the sale on the premises of motor vehicle fuel and other petroleum products and automobile accessories, and for the lubrication and repair of automotive vehicles. (Ord. TLS 05-02-34B Att. B (part))

14.98.352 Geologist.

“Geologist” means a practicing geologist licensed as a professional geologist pursuant to Chapter 18.220 RCW. (Ord. TLS 04-02-30B Exh. A (part))

14.98.354 Geologist, engineering geologist, or hydrogeologist.

“Geologist, engineering geologist, or hydrogeologist” means an individual licensed as a geologist pursuant to Chapter 18.220 RCW. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.358 Geometrics.

“Geometrics” means the arrangement of the visible elements of a road such as alignment, grade, sight distance, widths and slopes. (Ord. TLS 04-02-30B Exh. A (part))

14.98.362 Golf course facility.

“Golf course facility” means a recreational facility, under public or private ownership, designed and developed for golf activities with accessory uses including, but not limited to: a driving range; pro shop; caddyshack buildings; swimming pools, tennis courts and other related recreational facilities; restaurant; office and meeting rooms; related storage facilities. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.366 Governmental uses and structures.

“Governmental uses and structures” means buildings, structures and uses for municipal purposes including governmental office buildings; law enforcement and fire stations; courts of law; public libraries; public day-use parks and recreation facilities; public maintenance and storage facilities; and correction/detention facilities owned, operated and managed by public agencies. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.370 Grade, average.

“Average grade” means the average of the natural or existing topography at the corner of all exterior walls of a building or structure to be placed on a site. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.374 Grading.

“Grading” means any excavation, filling, clearing, or the creation of impervious surface, or any combination thereof. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.375 Grange.

Grange. See “Community hall.” (Ord. TLS 05-02-34B Att. B (part))

14.98.376 Greenhouse, retail.

“Retail greenhouse” means a structure used to raise plants, flowers and shrubs for sale to the general public. (Ord. TLS 05-01 Att. B (part))

14.98.377 Groins.*

“Groins” means a barrier type of structure extending from the backshore or stream bank into a water body for the purpose of the protection of a shoreline and adjacent uplands by influencing the movement of water or deposition of materials. (Ord. TLS 03-01-01B Exh. B (part). Formerly 14.98.376)

*    Code reviser’s note: This section was renumbered to accommodate sections added subsequent to adoption of Ord. TLS 97-10-71B.

14.98.378 Groundwater.

“Groundwater” means underground water usually found in aquifers, and usually originating from infiltration. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.382 Group home.

“Group home” means a transitional residentially oriented facility licensed by the state that provides for the rehabilitation or social adjustment of persons who need supervision or assistance in becoming socially reoriented, but who do not need institutional care. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.384 Guest ranch.

“Guest ranch” means a specialized camp offering activities typical of western ranching; and offering sleeping and eating accommodations in conjunction with existing ranch operations. (Ord. TLS 05-01 Att. B (part): Ord. TLS 03-01-01B Exh. B (part))

14.98.386 Handling or processing of hazardous substances.

“Handling or processing of hazardous substances” means the use, dispensing, wholesaling, retailing, compounding, manufacture, storage, treatment or synthesis of hazardous substances in quantities greater than five gallons in volume per individual container. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.390 Hazardous substance.

“Hazardous substance” means any liquid, solid, gas or sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as defined by Chapter 173-303 WAC. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.394 Hearing examiner.

“Hearing examiner” means that person appointed by the board in accordance with Chapter 2.13 of the Douglas County Code. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.398 Health district.

“Health district” means the Chelan Douglas Counties Health District. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.400 Heliport.

“Heliport” means any defined area or a structure intended or designed to be used either wholly or partly for the landing, departure and surface movement of helicopters. (Ord. TLS 05-01 Att. B (part))

14.98.401 Hemp.

“Hemp” means, as defined in Chapter 16-306 WAC, the plant Cannabis sativa L. and any part of the plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. (Ord. TLS 21-06-19B Exh. B)

14.98.402 Highest adjoining grade.

“Highest adjoining grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.406 Home fruit stand.

“Home fruit stand” means a building, structure or land area used for the seasonal sale of fresh fruit or vegetables. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.409 Home industry.

“Home industry” means a 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. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.412 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. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.415 Homeowners’ association.

“Homeowners’ association” means any combination or grouping of persons or any association, corporation or other entity which represents the common interests of homeowners residing in a short subdivision, subdivision or binding site plan; provided, that a homeowners’ association need not have any official status as a legal entity under the laws of the state. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.417 Horse boarding/training facility.

“Horse boarding/training facility” means a facility where horses are housed, fed, trained, and cared for, excluding a veterinary clinic, for a period that may exceed twenty-four hours. (Ord. TLS 05-02-34B Att. B (part))

14.98.419 Hospital.

“Hospital” means an establishment that the primary function is to provide sleeping and eating facilities to persons receiving inpatient medical care. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.423 Impervious surface.

“Impervious surface” means those hard surfaces that prevent or retard the entry of water into the soil. Such surfaces include, but are not limited to, rooftops, asphalt or concrete paving, driveways, parking lots, walkways, patio areas or storage areas, which similarly affect the natural infiltration. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.427 Improvements.

“Improvements” means road grading or graveling, utility installation, recreational features, lot grading prior to building permit issuance, permanent plat and survey monuments, road pavement, curb and sidewalks, pedestrian ways, landscaping, and other required or necessary facilities. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.431 Infiltration.

“Infiltration” means the passage or movement of water into the soil surface. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.435 Innocent purchaser.

“Innocent purchaser” means an individual who has purchased real property for value, and has not received either actual or construed notice that the real property has been illegally created as a separate lot pursuant to the provisions of Title 17 of this code, and has not been granted innocent purchaser status by Douglas County. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.439 Intervening ownership.

“Intervening ownership” means a separate lot owned by one or more parties which because of its location severs another lot into multiple portions. Existing public road right-of-way encumbrances shall be considered an intervening ownership only as it relates to the bisection of a parcel of land. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.441 Jetties.

“Jetties” means structures generally built singly or in pairs perpendicular to the shoreline at harbor entrances or river mouths to prevent shoaling and accretion of littoral sand drift. They also protect channels and inlets from crosscurrents and storm waves. (Ord. TLS 03-01-01B Exh. B (part))

14.98.443 Junk.

“Junk” means any storage or accumulation of inoperable motor vehicles or equipment, vehicle or equipment parts, used lumber and building materials, pipe, white goods, appliances, demolition waste, any used material, or any solid waste. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.446 Junkyard or wrecking yard.

“Junkyard” or “wrecking yard” means an area where any person is engaged in the breaking up or wrecking of motor vehicles or equipment, handling, packing, bailing, sorting, storing, distributing, buying or selling of any scrap, waste material, or junk including but not limited to scrap, metal, bones, rags, used cloth, used rubber, used rope, used bottles, old or used machinery, used tools, used appliances, used fixtures, used lumber, used pipe or pipe fittings, used tires or other used manufactured goods. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.450 Kennel, commercial.

“Commercial kennel” means a facility for the care, boarding and/or training in exchange for compensation, or for breeding for profit, of four or more dogs, cats or small animals, excluding livestock and poultry, not less than four months of age. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.452 Kennel, hobby.

“Hobby kennel” means a noncommercial kennel at or adjoining a dwelling unit where four 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. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.456 Land alteration.

“Land alteration” means activities pertaining to the clearing or moving of land and earthwork, including compaction, excavation, grading, filling, stockpiling, striping and/or scarification of a site. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.460 Land surveyor.

“Land surveyor” means an individual licensed as a land surveyor pursuant to Chapter 18.43 RCW. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.464 Land.

“Land,” as a unit for determining subdivision, means all contiguous real property in one ownership, but not including parcels of record and not including parcels separated by a public road or a stream in excess of twenty cubic feet per second mean annual flow. A parcel shall be considered of record if the instrument creating such parcel is recorded in the office of the Douglas County auditor, and if the creation of such parcel was in conformance with all development regulations, and all other applicable laws and regulations, in effect at the time of recording. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.466 Landfill.

“Landfill” means the placement of natural soils or rocks to elevate above the natural grade of the existing land. Refer to the definition of “solid waste disposal site” for municipal solid waste and sanitary landfills. (Ord. TLS 03-01-01B Exh. B (part))

14.98.468 Landscaping.

“Landscaping” means an area devoted to, or developed and maintained with, native or exotic plantings, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorated surfaces of rock, stone, brick, block or similar material (excluding driveways, parking, loading, or storage areas), and sculptural elements. Potted plants on rooftops or porches, or in boxes attached to buildings, are not landscaping. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.470 Legal lot of record.

“Legal lot of record” means any lot, tract or parcel that meets one of the following criteria:

A.    A tax parcel that existed as of March 31, 1972; except for those tax parcels which are identified as being created for tax purposes such as senior exemptions, mortgage segregations and partial interests;

B.    A lot, tract or parcel created by a major subdivision, short subdivision or binding site plan including any remnant piece created by the division;

C.    A lot tract or parcel which has been amended but not eliminated via a recorded boundary line adjustment application, approved by Douglas County;

D.    A lot, tract or parcel created by intervening ownership, i.e., public right-of-way or the Columbia River;

E.    An exempt lot, tract or parcel established in conformance with the requirements of RCW 58.17.040, DCC Section 17.04.020(B), and the rules and regulations in place at the time of creation. In general these provisions include: divisions of land by testamentary provisions or the laws of descent; cemetery or burial plot while used for that purpose; exempt parcel transfers; and exempt divisions for electric utility facilities when used as such;

F.    An improved parcel that has previously transferred ownership prior to October 17, 2000;

G.    A lot created by court order;

H.    A tax parcel may contain multiple legal lots of record if any of the following provisions apply:

1.    The tax parcel contains multiple tax parcels identified under subsection A of this section; or

2.    Legal lots of record combined by the Douglas County assessor’s office under one tax parcel number are considered separate legal lots of record; or

3.    The tax parcel contains lots that were created in conformance with the provisions of Douglas County Code and platting regulations in effect on April 1, 1972, or as amended thereafter; or

4.    The tax parcel contains multiple platted lots; or

5.    The tax parcel contains portions of platted lots, as shown on the last recorded deed prior to April 1, 1972; or

6.    That the last recorded deed or deeds, filed prior to April 1, 1972, each describe separate portions of the tax parcel; or

7.    The legal description contains noncontiguous parcels. (Ord. TLS 19-13-34B Exh. B)

14.98.472 Legally subdivided.

“Legally subdivided” means land divided in accordance with the development regulations and all applicable laws or regulations in force at the time of the division. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.476 Level of service.

“Level of service” means a measure of traffic congestion along a roadway or at an intersection. Within Douglas County this is done with a two-part process – a “condition” LOS and an “operational” LOS. See “Douglas County Transportation Element” for details. (Ord. TLS 04-02-30B Exh. A (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.478 Limited land segregation.

“Limited land segregation” shall mean the creation of a lot, typically between one and three acres in size, through the short subdivision process where only one such lot is created not more frequently than once every five years from each original parcel of record. (Ord. TLS 03-01-01B Exh. B (part))

14.98.480 Link.

“Link” means the transit operating entity within the Chelan-Douglas counties public transportation benefit area. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.482 Livestock.

“Livestock” means domestic animals of types customarily raised or kept on farms for profit or other purposes. (Ord. TLS 05-01 Att. B (part))

14.98.483 Livestock auction sales.

“Livestock auction sales” means a structure and grounds where livestock is sold by a broker or auctioneer to persons who attend scheduled sales periods or events. (Ord. TLS 05-02-34B Att. B (part))

14.98.484 Lot.

“Lot” means a fractional part of divided land having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area, with frontage on a road or access easement. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.487 Lot area.

“Lot area” means the total horizontal land area within the lot lines of a lot, exclusive of public and private rights-of-way, unless otherwise stated. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.490 Lot, corner.

“Corner lot” means a lot abutting on two or more roads, other than an alley, at their intersection. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.493 Lot coverage.

“Lot coverage” means the percentage of area of a lot which is occupied by a primary building or structure and its accessory buildings or structures, not including uncovered patios, driveways, open steps and buttresses, terraces, and ornamental features projecting from buildings or structures which are not otherwise supported by the ground. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.497 Lot depth.

“Lot depth” means the average horizontal distance between the front lot line and the rear lot line. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.500 Lot, interior.

“Interior lot” means a lot other than a corner lot, or a reverse or double frontage lot. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.503 Lot, reverse or double frontage.

“Reverse or double frontage lot” means a lot that has two opposite sides abutting two parallel or approximately parallel roads, other than an alley. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.507 Lot line, front.

“Front lot line” means any property line of a lot that abuts a road right-of-way or other primary means of vehicular access, other than an alley, is considered the front lot line. Corner lots, or lots bounded by more than one road right-of-way, shall be considered to have two front lot lines. (Ord. TLS 05-01 Att. B (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.510 Lot line, rear.

“Rear lot line” means the property line that is most opposite or most distant from the designated front lot line, and does not intersect any front lot line. Corner lots with two front yards must designate one rear lot line, maintaining the applicable required rear yard. The remaining lot line will be a side lot line. In the case of triangular or otherwise irregularly shaped lots, the rear lot line is a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.513 Lot line, side.

“Side lot line” means any lot line that is not a front or rear lot line, or any lot line that intersects a front lot line. (Ord. TLS 97-10-71B Exh. B (part))

14.98.517 Lot width.

“Lot width” means the horizontal distance, measured at right angles, between the side lot lines, as measured at the front lot line, except where enumerated elsewhere in the development regulations. Corner lots shall be measured at right angles from each front yard lot line to the opposing lot line. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.521 Lot, nonbuilding.

“Nonbuilding lot” means a separate lot created prior to April 1, 1972, which was defined as a nonbuilding lot on the face of a final plat or short plat, for which a declaration of covenant and/or note on the final plat or short plat prohibits improvements for the purpose of human habitation. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.525 Manufactured home.

“Manufactured home” means a dwelling unit thirty-two feet or more in length and at least eight feet or more in width when assembled; constructed in accordance with state or federal manufactured/mobile home construction standards as evidenced by the attachment of an insignia, designed for transportation after fabrication in one or more sections on public streets and highways on its own chassis and wheels, and arriving at the site where it is placed on a foundation or tied down and skirted, with towing tongue, axles and wheels removed. Such a unit includes the connection to electric power, water supply and sewage disposal facilities. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.528 Manufactured home park.

“Manufactured home park” means a lot, parcel or tract of land, improved or unimproved, upon which two or more manufactured homes occupied for dwelling or sleeping purposes are located. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.530 Marina.

“Marina” means a public or private water-dependent facility that provides wet and/or dry moorage for over ten boats, boat launching facilities and supplies and services for small commercial and/or pleasure craft. There are two types of marinas, backshore and foreshore:

A.    Backshore marina: located landward of the ordinary high-watermark.

B.    Foreshore marina: located in the intertidal or offshore zone and may require breakwater of open-pile constructions, depending on the location. (Ord. TLS 03-01-01B Exh. B (part))

14.98.532 Master planned resorts (MPR).

“Master planned resorts (MPR)” means a self-contained and fully integrated planned development, in a setting of significant natural amenities, with primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of outdoor recreational facilities and may include other uses integrated and related to the nature of the resort. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.534 Medical/dental outpatient services.

“Medical/dental outpatient services” means services offered by or under the direction of a licensed medical or health care practitioner on an outpatient basis (no overnight stays), excluding institutional facilities such as hospitals, skilled nursing facilities, or other long-term care facilities. Examples include but are not limited to: medical, dental, or physical therapy services offered in a clinic setting; outpatient pharmaceutical services in a pharmacy setting; and provision of medical supplies and durable medical equipment by registered providers of such services. (Ord. TLS 05-02-34B Att. B (part))

14.98.536 Meeting/community hall.

“Meeting/community hall” means a building primarily designed or used for public assembly by various groups, service organizations, or clubs; excluding fraternal buildings and lodges. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.540 Mineral extraction.

“Mineral extraction” means the removal of topsoil, gravel, rock, clay, sand or other earth material, including accessory activities such as washing, sorting, screening, crushing and stockpiling. The following are not included in this definition:

A.    The leveling, grading, filling, or removal of materials during the course of normal site preparation for an approved use (e.g., residential subdivision, commercial development, etc.) subject to governing standards of the DCC; or

B.    Excavation and removal activities that do not require a surface mining permit from the Washington State Department of Natural Resources. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.542 Minerals.

“Minerals” means clay, coal, gravel, industrial materials, metallic substances, peat, sand, stone, topsoil, and any other similar solid material or substance to be excavated from natural deposits on or in the earth for commercial, industrial, or construction use. (Ord. TLS 03-01-01B Exh. B (part))

14.98.543 Mini storage.

“Mini storage” means a facility including buildings segregated into storage cubicles, rented, sold or leased for the storage of excess property and outdoor storage of vehicles or boats. (Ord. TLS 05-01 Att. B (part))

14.98.544 Mitigation.

“Mitigation” means a means of minimizing the effects of land use. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.548 Motel.

“Motel” means a building, or group of buildings on the same lot, in which lodging is offered for compensation primarily for the accommodation of transient automobile travelers. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.552 Multiple building complex.

“Multiple building complex” means a group of buildings, or a single building, with dividing walls and separate entrances for each business, housing at least two retail, wholesale or service businesses, and/or independent or separate parts of a business, which share the same lot, access and/or parking facilities. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.556 National Pollutant Discharge Elimination System (NPDES).

“National Pollutant Discharge Elimination System (NPDES)” means the part of the Federal Clean Water Act, which requires point source discharges to obtain permits. These permits are referred to as NPDES permits and are administered under rules established by the Washington State Department of Ecology. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.560 Natural drainage.

“Natural drainage” means those channels, swales, and other nonmanmade water conveyances and holding systems. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.562 Neighborhood retail/service business.

“Neighborhood retail/service business” means a land use that provides convenience goods and/or services for the residents of the surrounding area. (Ord. TLS 05-01 Att. B (part))

14.98.564 Nonconforming.

“Nonconforming” means a lot, use, building or structure which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the then current requirements of the zoning district. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.566 Nursing home.

“Nursing home” means any home, place, or institution which operates or maintains facilities providing convalescent or chronic care, or both for a period in excess of twenty-four consecutive hours, who by reason of age, illness or infirmity are unable properly to care for themselves. (Ord. TLS 05-02-34B Att. B (part))

14.98.568 Obstruction (water related).

“Obstruction (water related)” means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge conduit, culvert, building wire, fence, rock-gravel, refuse, fill, structure or matter in, along, across or projecting into any channel or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.572 Off-site.

“Off-site” means not on the property proposed for development. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.576 Off-street parking space.

“Off-street parking space” means an area calculated at not less than four hundred square feet that contains spaces or stalls, each not less than nine feet in width by eighteen feet in length, reserved for the parking of vehicles, together with an area provided for reasonable access for driving a vehicle into and out from each such space or stall. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.580 On-site.

“On-site” means the entire property that includes the proposed development. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.584 On-site stormwater management.

“On-site stormwater management” means the design, construction and maintenance of systems necessary to control stormwater quantity or quality within the area being developed. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.588 Open record hearing.

“Open record hearing” means a hearing that creates the record through testimony and submission of evidence. An open record hearing may be held on an appeal if no open record hearing has previously been held on the application. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.590 Operating speed.

“Operating speed” means used for determination of sight distance. Operating speed should be equal to the P85 speed for existing facilities and be equal to the design speed for new facilities. (Ord. TLS 04-02-30B Exh. A (part))

14.98.592 Ordinary high water mark.

“Ordinary high water mark” means the mark on all lakes, rivers and streams that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil and rocks a character distinct from that of the abutting upland. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.596 Ownership interest.

“Ownership interest” means having property rights as a fee owner, contract purchaser, mortgagee, or deed of trust beneficiary. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.598 P85 speed or eighty-fifth percentile speed.

Based on speed studies, “P85 speed” is that maximum speed at which eighty-five percent of the drivers will choose to drive and feel comfortable based on the prevailing weather and traffic conditions for a particular section of road. (Ord. TLS 04-02-30B Exh. A (part))

14.98.600 Parcel.

“Parcel” means a tract, lot or plat of land of any size, which may or may not be subdivided or improved which was created in conformance with the development regulations and all other applicable laws and regulations in effect at the time of recording. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.601 Passing sight distance.

“Passing sight distance” means the minimum sight distance required for the driver of one vehicle to pass another safely and comfortably. (Ord. TLS 04-02-30B Exh. A (part))

14.98.603 Pavement width.

“Pavement width” means the distance measured from face of curb to face of curb for curbed sections of roadway or the distance measured from outside edge of shoulder to outside edge of shoulder for shouldered sections of roadway. (Ord. TLS 04-02-30B Exh. A (part))

14.98.604 Pedestrian/bicycle access.

“Pedestrian/bicycle access” means manmade pathways designed and intended for use by pedestrians, bicyclists, equestrians and/or recreational users. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.608 Performance assurance.

“Performance assurance” means a form of financial security posted to ensure timely and proper completion of improvements, compliance with the Douglas County Code, or to warranty materials, workmanship of improvements, design and performance. Performance assurances include assignments of funds, cash deposits, surety bonds, and/or other forms of financial security acceptable to the prosecuting attorney. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.610 Piers.

“Piers” means fixed platforms above the water, perpendicular to the shoreline. (Ord. TLS 03-01-01B Exh. B (part))

14.98.612 Planning commission.

“Planning commission” means the Douglas County regional planning commission, or any subcommittee thereof, empowered to carry out the duties set forth in Chapter 36.70 RCW, and/or any function the Douglas County board of commissioners has delegated to the planning commission. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.614 Plant nursery.

“Plant nursery” means land or structures used for storage, cultivation, and transplanting of live trees, shrubs or plants offered for sale on- or off-premises, including products used for gardening and landscaping. Nonretail nurseries do not have associated sales buildings and are not open to the general public. (Ord. TLS 05-02-34B Att. B (part))

14.98.616 Plat, final.

“Final plat” means the final drawing of a subdivision and dedication prepared for filing with the county auditor and containing all elements and requirements set forth in the development regulations and Chapter 58.17 RCW. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.620 Plat, preliminary.

“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing the general layout of roads and alleys, lots, blocks and other elements of a subdivision required by the development regulations and Chapter 58.17 RCW. The preliminary plat shall be the basis for the approval, conditional approval or disapproval of the general layout of a subdivision. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.624 Plat.

“Plat” means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions or dedications. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.628 Primary use.

“Primary use” means a specific and primary purpose for which land, a building or structure is, or may be, occupied, arranged, designed, intended or maintained. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.629 Primitive road.

“Primitive road” means an opened, county-maintained right-of-way that meets the requirements of RCW 36.86.070. A primitive road has gravel or earth driving surface and has an average daily traffic of one hundred or fewer vehicles. A primitive road must be established by the county legislative authority. (Ord. TLS 04-02-30B Exh. A (part))

14.98.632 Professional services.

“Professional services” means services that cater to both individuals and businesses, and provide professional advice and/or services, including but not limited to, architects, designers, engineers, lawyers, health care providers and other similar services. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.636 Prohibited use.

“Prohibited use” means a use not specifically enumerated as or determined to be a permitted use, accessory use, conditional use or nonconforming use. Prohibited uses include, but are not limited to, the enumerated prohibited uses within the Douglas County Code. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.640 Prosecuting attorney.

“Prosecuting attorney” means the Douglas County prosecuting attorney. (Ord. TLS 97-10-71B Exh. B (part))

14.98.642 Public assembly.

“Public assembly” means permanent or temporary uses or events, which concentrate people in either buildings or outside into compact areas. Uses and events include, but are not limited to, outdoor religious or entertainment events, sporting events, carnivals, circus and other similar uses or events as determined by the review official. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 00-05-38 Exh. B (part))

14.98.644 Public meeting.

“Public meeting” means an informal meeting, hearing or workshop, or other public gathering to obtain comments from the public or other agencies on an application, proposed action or issue of community interest. A public meeting does not constitute an open record hearing. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.646 Qualified scientific expert.

A “qualified scientific expert” has expertise appropriate to the relevant critical areas and is determined by the person’s professional credentials and/or certification, any advanced degrees earned in the pertinent scientific discipline from a recognized university, the number of years of experience in the pertinent scientific discipline, formal training in the specific area of expertise, and field and/or laboratory experience with evidence of the ability to produce peer-reviewed publications or other professional literature. No one factor is determinative in deciding whether a person is a qualified scientific expert. See also DCC Section 14.98.352, Geologist, DCC Section 14.98.085, Biologist, and Chapter 19.18 DCC, Resource Lands/Critical Areas—General Provisions. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 01-04-07B Exh. B (part))

14.98.648 Reach.

“Reach” means a segment of a watercourse with uniform characteristics. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.652 Receiving waters.

“Receiving waters” means creeks, streams, rivers, lakes and other bodies of water into which stormwater is directed or naturally flows. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.654 Reception hall.

“Reception hall” means a structure and grounds operated by a private entity for the social or recreational gathering of people. (Ord. TLS 05-02-34B Att. B (part))

14.98.656 Recharge.

“Recharge” means the flow to groundwater from the infiltration of surface and stormwater runoff. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.660 Recreational vehicle.

“Recreational vehicle” means a vehicular unit primarily designed as temporary living quarters for recreational, camping, or travel use and that is certified as a recreational vehicle (RV) by the Department of Labor and Industries. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.664 Recreational vehicle park.

“Recreational vehicle park” means a lot, tract or parcel of land, improved or unimproved, upon which two or more recreational vehicles are used as a temporary dwelling and/or for sleeping purposes. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.668 Release rate.

“Release rate” means the computed peak rate of surface and stormwater runoff for a particular design storm event and drainage area conditions. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.672 Reserve easement.

“Reserve easement” means a strip of land between a subdivision boundary and a road within an approved subdivision, the control of which strip is deeded to the county, a city or the state as a nonaccess right-of-way to control access and/or ensure reciprocal development of a road when the adjoining property is developed. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.676 Retail trade or services.

“Retail trade or services” means those uses primarily engaged in the sale of goods or merchandise to the general public for personal, household, or business consumption, including but not limited to hardware, grocery, apparel, home improvement, appliance and electronics stores. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.680 Retention.

“Retention” means the process of collecting and holding surface and stormwater runoff with no surface outflow. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.684 Retention structures.

“Retention structures” means a temporary or permanent structure designed to collect and hold stormwater runoff for a considerable length of time and then release it by evaporation, plant transpiration and/or infiltration into the ground. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.690 Retirement housing facility.

“Retirement housing facility” means a facility established for the purpose of providing housing for retirement-age citizens in a supportive living environment, which may include provision of food, household maintenance, and recreation activities. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 01-04-07B Exh. B (part))

14.98.692 Review authority.

“Review authority” means the person or persons responsible for the administration of the Douglas County development regulations. The review authority may be the administrator, building official, county engineer, director, fire marshal, hearing examiner, zoning adjustor, planning commission, board of commissioners or their appointed designee(s). (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.696 Revisions, plat.

“Plat revisions” means a change prior to the recording of a previously approved preliminary plat, preliminary short plat or binding site plan which includes but is not limited to the addition of new lots, tracts or parcels. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.700 Right-of-way.

“Right-of-way” means the platted, dedicated or reserved portion of a development for purposes of a road or alley for vehicular and/or pedestrian traffic. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.702 Riparian area.

“Riparian area” is an area with distinctive soils and vegetation between a stream or other body of water and the adjacent upland. This definition includes wetlands and those portions of flood plains and valley bottoms that support riparian vegetation. (Ord. TLS 03-01-01B Exh. B (part))

14.98.704 River channel.

“River channel” means that area of the river environment lying riverward of the mean high water mark. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.708 Road.

“Road” means an improved and maintained right-of-way which provides vehicular circulation or principal means of access to abutting properties, and which may also include provisions for public utilities, pedestrian walkways, public open space and recreation areas, cut and fill slopes, and drainage. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.710 Road, county.

County Road. See “County road.” (Ord. TLS 04-02-30B Exh. A (part))

14.98.712 Road, private.

“Private road” means a road, though approved by the county, that is not a county road, and is intended for the use of one or more private individuals as developed and maintained by those private individuals who benefit from its establishment. The term “private road” is interchangeable with and includes, but is not limited to, “access road” or “vehicular access easement.” (Ord. TLS 22-07-25B; Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.716 Road, public.

“Public road” means a road established and adopted by the proper authorities for the use of the general public, and over which every person has a right to pass and use for all purposes of travel or transportation to which it is adapted and developed. (Ord. TLS 97-10-71B Exh. B (part))

14.98.718 Roadside hazard.

“Roadside hazard” means a side slope, an object, water, or a drainage device adjacent to a road or street which, if impacted, would apply unacceptable impact forces on the vehicle occupants or place the occupants in a hazardous position. It may be either natural or manmade. (Ord. TLS 04-02-30B Exh. A (part))

14.98.720 Roadway.

“Roadway” means that surfaced portion of a road or alley right-of-way that is improved for vehicular traffic only. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.724 Runoff.

“Runoff” means water traveling across the ground surface as a result of precipitation. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.725 Salvage yard.

Salvage Yard. See “Junkyard.” (Ord. TLS 05-02-34B Att. B (part))

14.98.726 Scientific information.

“Scientific information” is produced using a valid scientific process. The characteristics of the scientific process may include peer review, methods that can be replicated, contain logical conclusions and reasonable inferences, quantitative analysis, context and references. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 01-04-07B Exh. B (part))

14.98.727 Segmental retaining walls (modular retaining walls).

“Segmental retaining walls (modular retaining walls)” means gravity retaining walls that rely primarily on their mass (weight) for stability. The system consists of concrete masonry units which are placed without the use of mortar (dry stacked), and which rely on a combination of mechanical interlock and mass to prevent overturning and sliding. The units may also be used in combination with horizontal layers of soil reinforcement which extend into the backfill to increase the effective width and weight of the gravity mass. (Ord. TLS 04-02-30B Exh. A (part))

14.98.728 Segregation.

“Segregation” means divisions of land that include subdivision, short subdivision, binding site plans, boundary line adjustments and divisions by exemption. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.732 Sensitive area.

Sensitive Area. See “Critical area.” (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.734 Sensitive area buffer.

Sensitive Area Buffer. See “Buffer, critical area.” (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.738 Separate lot.

“Separate lot” means a separate and distinct parcel of property that has been created through the segregation provisions of the development regulations. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.740 Shore.

“Shore” means land at the edge of a body of water. (Ord. TLS 03-01-01B Exh. B (part))

14.98.742 Shoreline.

“Shoreline” means all of the water areas of the state within Douglas County, including reservoirs, and their associated wetlands, together with the lands underlying them; except (a) shorelines of state-wide significance; (b) shorelines on segments of streams upstream of a point where the mean annual flow is twenty feet per second or less and the wetlands associated with such upstream segments; and (c) shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes. (Ord. TLS 03-01-01B Exh. B (part): TLS 97-10-71B Exh. B (part))

14.98.744 Shorelines of state-wide significance.

“Shorelines of state-wide significance” means the following shorelines in Douglas County: (a) those lakes, whether natural, artificial or a combination thereof, with a surface acreage of one thousand acres or more, measured at the ordinary high-water mark; (b) the Columbia River; and (c) those wetlands associated with (a) and (b) of this definition. (Ord. TLS 03-01-01B Exh. B (part))

14.98.745 Shorelines of the state.

“Shorelines of the state” means the total of all shorelines and shorelines of state-wide significance within the state. (Ord. TLS 03-01-01B Exh. B (part))

14.98.746 Short plat, final.

“Final short plat” means the final drawing of a short subdivision and dedication prepared for filing with the county auditor and containing all elements and requirements set forth in the development regulations and Chapter 58.17 RCW. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.750 Short plat, preliminary.

“Preliminary short plat” means a neat and approximate drawing of a proposed short subdivision showing the general layout of roads and alleys, lots, blocks and other elements of a short subdivision required by the development regulations and Chapter 58.17 RCW. The preliminary short plat shall be the basis for the approval, conditional approval or disapproval of the general layout of a short subdivision. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.754 Short subdivision.

“Short subdivision” 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 outside of an urban growth area boundary, and nine or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership inside an urban growth area boundary. (Ord. TLS 17-12-44C Exh. A (part): Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.756 Shoulder.

“Shoulder” means that portion of the roadway contiguous with the traveled way for accommodating stopped vehicles, for emergency use, and for lateral support of base and surface courses. (Ord. TLS 04-02-30B Exh. A (part))

14.98.758 Sign.

“Sign” means an identification, description, illustration or device which is affixed to or represented, directly or indirectly, upon a structure or land, and which directs attention to a product, place, activity, person, institution, business or profession. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.762 Site development plan.

“Site development plan” means an overall plan for development, consistent with the requirements of DCC. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.766 Slope.

“Slope” means the gradient in feet per feet or expressed as percent. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.767 Solid waste.

“Solid waste” shall have the same meaning attributed to the term as in Chapter 173-304 WAC as it now exists or may be amended or succeeded. (Ord. TLS 03-01-01B Exh. B (part))

14.98.768 Solid waste disposal site.

“Solid waste disposal site” means a location where any final treatment, utilization, processing or deposition of solid waste occurs. (Ord. TLS 03-01-01B Exh. B (part))

14.98.769 Solid waste handling facility.

“Solid waste handling facility” means all contiguous land and structures, other appurtenances, and improvements on the land that are used for the management, storage, collection, transportation, treatment, utilization, processing or final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from such wastes to the conversion of the energy in such wastes and to more useful forms or combinations thereof. (Ord. TLS 03-01-01B Exh. B (part))

14.98.770 Stabilization.

“Stabilization” means the prevention of soil movement by any vegetative and/or structural means. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.774 Stormwater detention structure.

“Stormwater detention structure” means a temporary or permanent structure designed to collect stormwater from a site and release it at a slower rate than it is collected by the drainage facility system, the difference being held in temporary storage. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.782 Storm drainage facilities.

“Storm drainage facilities” means the system of inlets, conduits, channels, ditches, and appurtenances, which serve to collect, control, convey, and treat stormwater through and/or from a given drainage area. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.786 Stormwater.

“Stormwater” means precipitation that reaches the surface water system by overland flow, interflow (a complex transfer of water that occurs just below the surface of the ground) or via constructed conveyance systems. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.790 Stormwater management.

“Stormwater management” means for quantitative control, a system of vegetative and structural measures that control the increased volume and rate of surface runoff caused by manmade changes to the land; and for qualitative control, a system of vegetative, structural, and other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.793 Stormwater management plans.

“Stormwater management plans” means a set of drawings, calculations and other documents submitted by an applicant that contains all of the information and specifications pertaining to stormwater management. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.807 Street.

Street. Except where applied to a specific route classification, the terms “road” and “street” shall be considered interchangeable terms for the purposes of the development regulations. When used with a route classification, street connotes urban characteristics. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.811 Strip development.

“Strip development” means industrial, commercial, retail or service development, usually one-store deep, that extends along the frontage of a major road or highway in a linear pattern with limited depth and access. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.814 Stripping.

“Stripping” means any activity that removes the vegetative surface cover including tree removal, clearing, grubbing and storage or removal of topsoil. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.818 Structural alteration.

“Structural alteration” means a change in the supporting members of a structure, including foundations, bearing walls, or partitions, columns, beams, or girders or any structural change in the roof or the exterior walls. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.822 Subdivider.

“Subdivider” means a person who causes land to be divided or resubdivided into a subdivision, short subdivision or binding site plan for himself or others. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.826 Subdivision.

“Subdivision” means the division or redivision of land into two or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership, except as provided by the short subdivision of four or fewer lots. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.828 Superelevation.

“Superelevation” means a curve that has a banked slope. (Ord. TLS 04-02-30B Exh. A (part))

14.98.831 Surface water.

“Surface water” means the naturally occurring water that flows over or is stored upon the earth’s surface. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.839 Survey.

“Survey” means a map prepared to the requirements specified by Chapter 58.09 RCW and Chapter 332-130 WAC. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.845 Tangent.

“Tangent” means a straight line that touches a curve. (Ord. TLS 04-02-30B Exh. A (part))

14.98.850 Telecommunications.

The following definitions apply to telecommunication facilities:

“Co-location single mount” exists when more than one telecommunications provider mounts equipment on a single support structure (i.e., building, monopole, lattice tower).

“Co-location site” means a site occupied by two or more telecommunication (wireless) license holders or by one telecommunication license holder for more than one type of communications technology and/or placement of a WCF on a structure owned or operated by a utility or other public entity.

“Height” for the purposes of WCF, means the distance measured from the existing ground level to the highest point on the WCF support structure, not including the antenna array.

“Public utility facilities” means facilities for the transmission, distribution, or collection of electric, telephone, telecommunication, telegraph, cable television, natural gas, water and sewer utility services, and the transportation of people.

“Telecommunication antenna array” means one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency (RF) signals through electromagnetic energy, which may include omni-directional antenna (whip), directional antenna (panel) and parabolic antenna (disc).

“Telecommunication antenna attached” means an antenna array that is attached to an existing building or structure, which structures shall include but not be limited to utility poles, signs, water towers, with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure, transmission cables, and an equipment facility which may be located either inside or outside of the attachment structure.

“Telecommunication facility” means a facility for the transmission and/or reception of radio frequency (RF) signals usually consisting of an equipment shelter or cabinet, a support structure and/or other transmission and reception devices, including antenna(s) and dishes.

“Telecommunication support tower” means a structure or device specifically designed, constructed and/or erected for the purpose of attaching, mounting or otherwise affixing antennas at a height, altitude, or elevation which is significantly above the base of such structure. Antenna support structures may include guy-wire support towers or the following:

1.    “Lattice tower” means a vertical support structure consisting of a network of crossed metal braces, forming a tower that may be three, four, or more sided.

2.    “Monopole tower” means a vertical support structure consisting of a single vertical metal, concrete or wooden pole, typically round or square, and driven into the ground or attached to a foundation. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 98-03-30B Exh. A (part))

14.98.851 Temporary use.

“Temporary use” means a lawful use conforming to the provisions of the development regulations located on a lot for a period not to exceed six months, or less if specified by the review authority, with the intent to discontinue such use after the time period expires. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.853 Terrestrial species.

“Terrestrial species” means animals living on or in the ground, including arboreal creatures; not aquatic or aerial. (Ord. TLS 03-01-01B Exh. B (part))

14.98.855 Toxic.

“Toxic” means poisonous, carcinogenic, or otherwise directly harmful to life. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.859 Traffic impact analysis.

“Traffic impact analysis” means a study of traffic impacts prepared by a qualified engineer and meeting the requirements of DCC Chapter 20.30. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.860 Transient lodging.

“Transient lodging” means a room or suite of rooms which is occupied not as a principal residence by persons for periods of less than thirty consecutive days. Such includes “inn,” “hotel,” or “motel,” but does not include: bed and breakfasts, private rentals, nor combination residential and transient lodging (“rooming houses”). (Ord. TLS 21-23-58B § 2 (Exh. A), 2021)

14.98.861 Transportation facilities.

“Transportation facilities” means those structures and developments that aid in the movement of people, goods and services across land and water surfaces. They include roads, streets and highways, bridges and causeways, bikeways, trails, railroad facilities, ferry terminals, airports and other related facilities. (Ord. TLS 03-01-01B Exh. B (part))

14.98.862 Traveled way.

“Traveled way” means that portion of the roadway intended for the movement of vehicles, exclusive of shoulders. (Ord. TLS 04-02-30B Exh. A (part))

14.98.863 Trip.

“Trip” means a one-directional movement that begins at the origin and ends at the destination. For example, a trip movement from a residence to a work place is a trip from home to work. (Ord. TLS 04-02-30B Exh. A (part))

14.98.864 Trip distribution.

“Trip distribution” means the process by which the movement of trips between zones is estimated. The data for each distribution may be measured or estimated by a growth factor process or by a synthetic model. (Ord. TLS 04-02-30B Exh. A (part))

14.98.865 Unopened right-of-way.

“Unopened right-of-way” means a county right-of-way that exists by dedication or deed, but for which no vehicular roadway has been constructed by the county or other parties. (Ord. TLS 04-02-30B Exh. A (part))

14.98.866 Urban growth area.*

“Urban growth area” means an area adopted by the board pursuant to Chapter 36.70A RCW and delineated by the adopted comprehensive plan and map. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part). Formerly 14.98.864)

*    Code reviser’s note: This section was renumbered to accommodate sections added subsequent to adoption of Ord. TLS 97-10-71B.

14.98.868 Use.

“Use” means the nature of the occupancy, the type of activity, or the character and form of improvements to which land is devoted or may be devoted. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.872 Use district.

“Use district” means a specific area or district zoned or designated on the official zoning map. Such area is subject to all the regulations applicable to the district that are contained in the Douglas County Code. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.876 Utilities.

“Utilities” means any water, gas, sanitary or storm sewer, electrical, telephone, irrigation, drainageway, wire or television communication facility and/or service and all persons, companies or governmental agencies furnishing the same. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.878 Vehicle repair shop.

“Vehicle repair shop” means a retail establishment that may include the following services: reconditioning of any type of motorized vehicle; collision services, including body, frame or fender repair; or painting of vehicles. (Ord. TLS 05-02-34B Att. B (part))

14.98.879 Veterinary clinic.

“Veterinary clinic” means a structure or premises for the medical or surgical treatment of animals. (Ord. TLS 05-02-34B Att. B (part))

14.98.880 Water quality swale.

“Water quality swale” means an open vegetative drainage channel intended to optimize water quality treatment of surface and stormwater runoff. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.884 Watershed.

“Watershed” means the total drainage area, separated by a ridgeline, which contributes runoff to a single point. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.888 Wetland.

“Wetland” means an area that is inundated or saturated by ground or surface 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, bogs, riparian areas, and other 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, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate conversion of wetlands as permitted by the county. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.890 Wharf.

“Wharf” means a fixed platform that runs parallel to the shoreline. (Ord. TLS 03-01-01B Exh. B (part))

14.98.892 Yard.

“Yard” means an open space within a lot that is unobstructed from the ground upward, except as otherwise provided elsewhere in this title. The term “yard” is synonymous with setback. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.895 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. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.898 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. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.901 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. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.906 Zoning adjustor.

“Zoning adjustor” means an official appointed by the board pursuant to Section 2.12.050 of the Douglas County Code that is authorized to act in the capacity as a hearing examiner for the quasijudicial review of applications in accordance with Chapter 2.13 and the development regulations. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))

14.98.911 Zoning administrator.

“Zoning administrator” means the director of land services or his/her designee. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 97-10-71B Exh. B (part))